time of.

the creditor of said contractor, in an action at law, to the extent in value of any balance due by the owner to his contractor under the contract with him at the time of the notice first given as aforesaid or subsequently accruing to such contractor under the same.

SEC. 5. Any person entitled to a lien under this act shall make an account in writing of the items of labor, skill, machinery, and material furnished, or either of them, as the Filing of Hen case may be, and after making oath thereto shall within sixty days from the time of completing such labor and skill, or furnishing the last item of such machinery and material, file the same in the office of the register of deeds of the county in which the building may be situated for which such labor, skill, machinery or material shall have been furnished, and shall also file, at the same time, a correct description of the property to be charged with said lien, which account and description of said property, so made and filed, shall be recorded in a separate book to be provided for that purpose, and shall from the time of the completion of the Lien good work or furnishing the material, and for one year thereafter, operate as a lien on the several descriptions of structures and buildings, and lots or parcels of land on which they stand, in the first section of this act named. When any labor has been done or materials furnished as provided, on a written contract, the same, or a copy thereof, shall be filed with the account herein required to be filed; Provided, That all lien claims for erecting or repairing any building, doing any labor or furnishing any material thereon or therefor, shall be conConcurrent current liens upon the same and the land whereon the same is erected, and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold.

on year.

liens.

SEC. 6. Every person holding such lien may proceed to Action upon obtain a judgment for the amount of his account thereon by liens may lle. civil action, and when any suit or suits shall be commenced

cases where

on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied, and in all actions instituted under this act, all persons claiming liens upon the property sought to be affected,

shall be made parties to such action or proceeling; and the rights of all parties to such action shall be determined by the court and such order made therein as shall preserve and protect the rights of all such parties under the provisions of

this act.

SEC. 7. The county registers of deeds, for filing and recording all papers under this act, shall be paid the same fees as are or hereafter may be allowed by law for filing and recording deeds.

SEC. 8. When any person who shall have filed his account and perfected his lien, pursuant to the provisions of this act, shall have received satisfaction for his claim and the legal costs of his proceedings therein, he shall upon the request

of Len, entry

of any person interested, and within six days, enter satisfac- Satisfaction tion of his lien in the office where such account and lien is of. of record, which shall forever thereafter discharge, defeat and release the same.

enter sa.isfac

SEC. 9. If any person having received satisfaction as specified in the preceding section, or having been tendered the amount due on his claim with legal costs, shall not, within Neglect to six days after request enter satisfaction as aforesaid, he shall tion. forfeit and pay to the person aggrieved, double the amount of damages which may have been sustained in consequence of such refusal or neglect.

Lien for labor on per

property.

SEC. 10. Any person who shall make, alter, repair or Lestow labor on any article of personal property, (at the request sonal goods or of the owner thereof or other person authorized by the owner to make such request) shall have a lien on such property so made, altered or repaired, or upon which labor has been bestowed, for his just and reasonable charges for the labor he has performed and the materials he has furnished; and such person may hold and retain possession of the same, until such just and reasonable charges shall be paid, and if they be not paid within thirty days after the labor shall have been performed or the materials furnished, such person having suh lien may proceed to sell the property by him so made, sale of propaltered or repa red, or upon which labor has been bestowed, erty, manner at public auction, by giving public notice of such sale by

of.

age or transportation.

advertisement for three weeks in some newspaper of general circulation in the county, or by posting up notice of such sale in three of the most public places in the county three weeks before the time of sale; and the proceeds of such sale shall be applied, first, to the discharge of such lien, and the costs and expenses of selling such property, and the remainder, if any, shall be paid over to the owner thereof or his legal representative.

SEC. 11. Any person or corporation being a common carrier, and any person or corporation who shall at the request of the owner of any personal property, or at the request of any party thereunto lawfully authorized, carry, convey or Lien forstar transport the same from one place to another, and any person who shall safely keep or store any personal property at the request of the owner or any party thereunto lawfully authorized shall have the same lien and the same power of sale for the satisfaction of reasonable charges, upon the same conditions and restrictions as provided in the preceding section. The provisions of this act shall not interfere with any special agreement between the parties.

SEC. 12. This act shall take effect and be in force from and after its passage.

Approved 1st December, 1871.

AN ACT

Lien Law.

Miners or la

have lien.

To Create a Lien for Miners and Laborers in certain cases, and for other purposes.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

SECTION 1. That every miner or other person who at the borers may request of the owner or owners, or his or their agent, of any lode, lead or ledge of quartz bearing gold, silver, cinnabar or copper, or of any coal bank or mine, shall perform any labor, or furnish any timber, rope, nails or any other material for timbering shafts or levels for the mine, or who shall furnish any kind of material for erecting windlass, whims or any other hoisting apparatus or machinery shall have a lien upon such

lode, ledge, lead, mine or bank to secure the payment of the

same.

SEC. 2. Every miner or other person doing or performing any work or furnishing any material as specified in section one of this act under a contract or agreement, express or implied, between the owner or owners thereof, or his or their agent, whether such work shall be performed or material furnished as miner, laborer, sub-contractor or otherwise, whose demand for work so done or material so furnished has not been paid, may deliver to the owner or owners of such mine, or his or their agent, an attested account of the amount and value of the work and labor thus performed or the material thus furnished and remaining unpaid, and thereupon such owner or owners, or his or their agent, shall retain out of his subsequent payments to the contractors the amount of such work and labor or material furnished for the benefit of the person so performing or furnishing the same.

Account to be made.

Service of notice on m'e

SEC. 3. Whenever any account of labor performed or material furnished as referred to in the preceding section shall be placed in the hands of the owner or owners of any mine, or his or their agent, as above stated, it shall be the duty of such owner or owners, or his or their agent, to furnish his or their contractor with a copy of such papers, so that owner. if there be any disagreement between such contractor and his creditor, they may by amicable adjustment or by arbitration ascertain the true sum duc, and if the contractor shall not within ten days after the receipt of such papers give the owner or owners, or his or their agent, written notice that he intends to dispute the claim, or if ten days after giving notice he shall refuse or neglect to have the matter adjusted as aforesaid, he shall be considered as assenting to the demand and the owner or owners, or his or their agent, shall be justified in paying the same when it becomes due.

Manner of

SEC. 4. The amount which may be due from any contractor to his creditor may be recovered from said owner or recovery. owners, or his or their agent, by the creditor of said contractor in an action at law to the extent in value of any balance due by the owner or owners, or his or their agent,

Duty of person entitled to lien.

Account to

the register of

to his or their contractor under the contract with him at the time of the notice first given as aforesaid, or subsequently, according to such contract[or] under the same.

SEC. 5. Any person entitled to a lien under this act, shall make an account in writing of the items of labor, skill, machinery and material furnished, or either of them, as the case may be; and after making oath thereto shall within sixty days from the time of completing such labor and skill, or furnishing the last item of such machinery and material, file be file with the same in the office of the register of deeds of the county in deeds. which the ledge, lead or lode or bank may be situated for which such labor, skill, machinery or material shall have been furnished, and shall also.file at the same time a correct description of the property to be charged with said lien, which account and description of said property so made and filed shall be recorded in a separate book to be provided for that purpose, and shall for the time of the completion of the work or furnishing material and for one year thereafter operate as a lien on the several descriptions of ledges, leads, lodes, mines or banks in the first section of this act named; when any labor has been done or labor furnished on a written contract, the same, or a copy thereof, shall be filed with the account herein required to be filed; Provided, That a'l lien claims for labor performed or mat ›rial furnished to be concur- shall be concurrent liens upon the same, and shall be paid pro rata out of the proceeds arising from the sale thereof if the. same shall be sold.

Lien claims

rent.

Judgments on lies, how obtained.

SEC. 6. Every person holding such lien may proceed to obtain a judgment for the amount of his account thereon, by civil action, and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied, and in all actions instituted under this act, all persons claiming liens upon the property sought to be affected shall be made parties to such action or proceeding; and the rights of all parties to such action shall be determined by the court and such order made therein as shall preserve and pro