CHAPTER 48.-Mechanics' liens.

PARAGRAPH 3210. Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof by labor or skill employed for the protection, improvement, safe-keeping or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for such service.

PARAGRAPH 3214. The mate and seamen of a ship have a general lien, independent of possession, upon the ship and freightage for their wages, which is superior to every other lien.

PARAGRAPH 3218. The liens of mechanics, for materials and services upon real property, are regulated by civil procedure.

PARAGRAPH 3219. A person who makes, alters, or repairs any article of personal property, at the request of the owner or legal possessor of the property, has a lien on the same for his reasonable charges for work done and materials furnished, and may retain possession of the same until the charges are paid. If not paid within two months after the work is done, the person may proceed to sell the property at public auction, by giving ten days' public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county, then by posting up notice of the sale in three of the most public places in the town where the work was done, for ten days previous to the sale. The proceeds of the sale must be applied to the discharge of the lien, and the cost of keeping and selling the property the remainder, if any, must be paid over to the owner thereof.

CHAPTER 59.-Payment of wages to minors.

PARAGRAPH 3562. The wages of a minor employed in service may be paid to him or her until the parent or guardian entitled thereto gives the employer notice that he claims such wages.

CHAPTER 66.-Exemption from garnishment, etc.-Wages.

PARAGRAPH 4383. The judge may order any property of the judgment debtor, not exempt by law, in the hands either of himself or any other person or corporation, or due to the judgment debtor, to be applied toward the satisfaction of the judgment, and may enforce the same by proceedings for contempt, in case of refusal or disobedience; but the earnings of the debtor for his personal services, at any time within three months next preceding the order, cannot be so applied, when it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor. PARAGRAPH 4384. That the earnings of a debtor, who is a resident of this Territory, for his personal services at any time within three months next preceding the issuing of an execution, attachment or garnishment process, cannot be applied to the payment of his debts when it is made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the maintenance of a family supported wholly or partly by his labor; Provided, That at the time of filing such affidavit the debtor shall notify the plaintiff or his agent or attorneys thereof in writing; And provided, That nothing herein contained shall prevent the adverse party from controverting the matters sought to be proven by such affidavit by counter affidavit, or if sought to be proven in any other manner the same may be controverted by any competent evidence: And provided further, That such counter affidavit shall be filed within twenty-four hours after the notice of the filing of the said debtor's affidavit, and final hearing shall be had thereon, at a time to be fixed by the court within ten days from the notice of the filing of the debtor's affidavit if pending in the justice's court, and if pending in the district court it shall be tried at the first term held after filing such affidavit.

CHAPTER 66.-Mechanics' liens.

PARAGRAPH 4527. Any person who shall, under contract with the owner of any tract or piece of land, or with the trustee, agent, husband or wife of such owner, furnish material for the erection, alteration or repair of any building, improvement, or structure thereon; or who shall furnish or perform labor in putting up of any fixtures or machinery in, or attachment to, any such building, structure, or improvement; or who shall plant any trees, vines, plants or hedge in or upon said land; or who shall build, alter, or repair, or furnish labor or material for building, altering, or repairing any fence or footwalk in or upon said land, or any sidewalk in any street abutting said land, shall have a lien upon the whole of said

piece or tract of land, the building and appurtenances, in the manner herein provided, for the amount due to him for such labor, material, fixtures, or machinery. Such liens shall be preferred to all other liens or incumbrances which may attach to or upon such land, building, or improvements, or either of them, subsequent to the commencement of such building, the furnishing or putting up of such fixtures or machinery, the planting of such trees, vines, plants, or hedges. the building of such fence, footwalks, or sidewalks, or the making of any such repairs or improvements.

PARAGRAPH 4528. Any person claiming a lien as aforesaid shall file in the office of the clerk of the district court of the county in which the land is situated a statement setting forth the amount claimed and the items thereof as nearly as practicable, the name of the owner, the name of the contractor, the name of the claimant, and a description of the property subject to the lien, verified by affidavit: Provided, That if any promissory note, bearing a lawful rate of interest, shall have been taken for any such labor or material, it shall not be necessary to file an itemized statement of labor or material furnished, but in lieu thereof it shall be sufficient to file a copy of such note, with a sworn statement that said note, or any part thereof, was given for such labor or material used in the construction of such building or improvement; and if the whole of such note shall have been given for such labor or material, the lien shall be for the whole of the principal and interest of said note; but if a part of said note only shall have been given for such labor or material, then the lien shall be for a corresponding amount only, with interest at the rate specified in said note. Such statement shall be filed within four months after the date upon which material was last furnished or labor last performed under contract as aforesaid; and if the claim be for the planting of any trees, vines, plants, or hedge, such statement shall be filed within four months from such planting. Immediately upon the receipt of such statement the clerk of the district court shall enter a record of the same in a book kept for that purpose, to be called the mechanics' lien docket, which docket shall be ruled off into separate columns, with headings as follows: "When filed," "Name of owner," "Name of claimant," "Amount claimed," "Description of property," and "Remarks," and the clerk shall make the proper entry in each column.

PARAGRAPH 4529. Any person who shall furnish any such material or perform such labor under a subcontract with the contractor, or as an artisan or day laborer in the employ of such contractor, may obtain a lien upon such land from the same time, in the same manner, and to the same extent as the original contractor, for the amount due him for such material and labor; and any artisan or day laborer in the employ of such subcontractor may obtain a lien upon such land from the same time, in the same manner, and to the same extent as the subcontractor, for the amount due him for such material and labor, by filing with the clerk of the district court of the county in which the land is situated, within sixty days after the date upon which material was last furnished or labor last performed under such subcontract, a statement, verified by affidavit, setting forth the amount due from the contractor to the claimant, and the items thereof as nearly as practicable, the name of the owner, the name of the contractor, the name of the claimant, and a description of the property upon which a lien is claimed; and by serving a notice in writing of the filing of such lien upon the owner of the land: Provided, That if with due diligence the owner can not be found in the county where the land is situated, the claimant, after filing an affidavit setting forth such facts, may serve a copy of such statement upon the occupant of the land, or if the land be unoccupied, may post such copy in a conspicuous place upon the land or any building thereon. Immediately upon the filing of such statement the clerk of said court shall enter a record of the same in the docket provided for in section six hundred and fifty [Paragraph 4528] of this act, and in the manner therein specified: Provided, That the owner of any land affected by such lien shall not thereby become liable to any claimant for any greater amount than he contracted to pay the original contractor; but the risk of all payments made to the original contractor shall be upon such owner until the expiration of the sixty days hereinbefore specified; and no owner shall be liable to an action by such contractor until the expiration of said sixty days, and such owner may pay such subcontractor the amount due him from such contractor for such labor and material, and the amount so paid shall be held and deemed a payment of said amount to the original contractor. The district clerk shall be entitled to a fee of twenty-five cents in each case for entering the statements provided for in this act, and the costs of filing and entering such statement shall be recovered as part of the costs of enforcing such liens.

PARAGRAPH 4530. All claims for liens and rights of action to recover therefor under this act shall be assignable so as to vest in the assignee all rights and

remedies herein given, subject to ail defenses thereto that might be made if such assignment had not been made. Where a statement has been filed and recorded as herein provided, such assignment may be made by an entry, on the same page of the mechanics' lien docket containing the record of the lien, signed by the claimant or his lawful representative, and attested by the clerk; or such assignment may be made by a separate instrument in writing.

PARAGRAPH 4531. Any lien provided for by this act may be enforced by civil action in the district court of the county in which the land is situated, and such action shall be brought within one year from the time of the filing of said lien with the clerk of said court: Provided, That where a promissory note is given such action may be brought at any time within one year from the maturity of said note. The practice, pleading and proceedings in such action shall conform to the rules prescribed by the code of civil procedure as far as the same may be applicable; and in case of action brought, any lien statement may be amended by leave of court in furtherance of justice as pleadings may be in any matter, except as to the amount claimed.

PARAGRAPH 4532. In such actions all persons whose liens are filed as herein provided, and other incumbrances, shall be made parties, and issues shall be made and trials had as in other cases. Where such action is brought by a subcontractor, or other person not the original contractor, such original contractor shall be made a party defendant, and shall at his own expense defend against the claim of every subcontractor, or other person claiming a lien under this act, and if he fails to make such defense the owner may make the same at the expense of such contractor; and until al such claims, costs and expenses are finally adjudicated, and defeated or satisfied, the owner shall be entitled to retain from the contractor the amount thereof, and such costs and expenses as he may be required to pay: Provided, That if the sheriff of the county in which such action is pending shall make return that he is unable to find such original contractor, the court may proceed to adjudicate the liens upon the land and render judgment to enforce the same with costs.

PARAGRAPH 4533. If several actions brought to enforce the liens herein provided for are pending at the time, the court may order them to be consolidated; and in any action brought to enforce a lien under this act, if the building or other improvement is still in course of construction, the court, on application of any party engaged in furnishing labor or materials for such building or improvement, may stay the trial thereof for a reasonable time to permit the filing of a lien statement by such party under the provisions of this act.

PARAGRAPH 4534. In all cases where judgments may be rendered in favor of any person or persons to enforce a lien under the provisions of this act, the real estate or other property shall be ordered to be sold as in other cases of sales of real estate, such sale to be without prejudice to the rights of any prior incumbrances, owner or other person not a party to the action.

PARAGRAPH 4535. In any action brought by any artisan or day laborer to enforce any lien under this act, where judgment be rendered for plaintiff, the plaintiff shali be entitled to recover a reasonable attorney's fee, to be fixed by the court, which shall be taxed as costs in the action.

PARAGRAPH 4536. If any lien or liens shall be filed under the provisions of this act and no action to foreclose any of such liens shall have been commenced, the owner of the land may file his petition in the district court of the county in which said land is situated, making said lien claimants defendants therein, and praying for an adjudication of said lien or liens so claimed, and if any such lien claimant shall fail to establish his lien, the court may tax against said claimant the whole, or such portion of the costs of such action as may be just: Provided, That if no action to foreclose or adjudicate any lien filed under the provisions of this act shall be instituted within one year from the filing of said lien, the clerk of the district court shall enter under the head of "Remarks," in the mechanics' lien docket herein before named, that said lien is cancelled by limitation of law.

PARAGRAPH 4537. If the proceeds of the sale be insufficient to pay all the claimants, then the court shall order them to be paid in proportion to the amount due each.

PARAGRAPH 4538. The erecting or constructing of a lightning rod or rods on any buildings shall not be considered such an improvement, fixture, or attachment, as to come under the provision of section 649 [Paragraph 4527] of this act.

CHAPTER 67.-Exemption from execution, etc.—Wages.

PARAGRAPH 4803. The earnings of the debtor for his personal services, at any time within three months next preceding the issuing of an execution, cannot be

applied to the payment of his debts, when it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the maintenance of a family supported wholly or partly by his labor.

CHAPTER 68.-Convict labor.

PARAGRAPH 5436. Whenever any person shall be confined in any jail pursuant to the sentence of any court, if such sentence or any part thereof shall be that he be confined at hard labor, the sheriff of the county in which such person shall be confined shall furnish such convict with suitable tools and materials to work with, if, in the opinion of the said sheriff, the said convict can be profitably employed either in the jail or yard thereof, and the expense of said tools and materials shall be defrayed by the county in which said convict shall be confined, and said county shall be entitled to his earnings. And the said sheriff, if in his opinion the said convict can be more profitably employed outside of said jail or yard, either for the county or for any municipality in said county, it shall be his duty to so employ said convict either in work on public streets or highways or otherwise, and in so doing he shall take all necessary precaution to prevent said convict's escape, by ball and chain or otherwise, and fifty per cent. of the profits of such employment, after paying all expenses incident thereto, may be retained by said sheriff as his fees therefor, the balance to be paid into the treasury of the proper county to the credit of the general fund; and when a convict is imprisoned in the county jail for nonpayment or a fine he may be employed by said sheriff as provided in this chapter; and in case any convict employed outside of the jail yard shall escape, he shall be deemed as having escaped from the jail proper.

CHAPTER 70.-Exemption from taxation.

PARAGRAPH 5578. The following classes of property shall be exempt from taxation, and may be omitted from the list herein required to be given:

Eighth. Family portraits.

Ninth. All food and fuel provided in kind for the use of the family not to exceed provisions for one year's time: Provided, That no person for whom a compensation for board or lodging is received or expected shall be considered a member of the family within the intent and meaning of this act.

Tenth. All pensions from the United States or from any of the States of the Union, until paid into the hands of the pensioners.

SECTION 50.

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ACTS OF 1895.

CHAPTER 41, ARTICLE 1.--Convict labor.

** All prisoners confined to jail on conviction, or plea of guilty, shall be compelled to work on the public streets of the town where they are confined, or on the highways in the county, at the rate per day fixed for imprisonment.

CHAPTER 51.—Attorney's fee in suits for wages.

SEC. 1. In all cases within the jurisdiction of a justice of the peace, where any action is brought by any laborer of any kind, clerk, servant, nurse or other person, for compensation claimed due for personal services performed, if a recovery be had in such action, the plaintiff shall, in addition to the amount found due, be entitled to recover as part of the costs, a judgment against the defendant, for an attorney's fee of not less than two dollars and fifty cents, and not more than fifteen dollars, to be fixed by the court, for the use and benefit of plaintiff's attorney, together with costs: Provided, however, That if the defendant appear before the time set for trial, and offer to confess judgment for a sum of money and costs, and make a tender of the same, and the plaintiff, on trial, fails to recover a greater sum, then no attorney's fees or costs incurred after the tender shall be taxed against the defendant.

SEC. 2. Any person claiming the benefit of this act shall state in his petition that his claim is due for personal services, and the court shall state upon the records that fact, if judgment be recovered; and when an execution is issued thereon, it shall be endorsed For personal services," and the defendant shall hold no property exempt from levy under such execution, any exemption law to the contrary notwithstanding.

OREGON.

HILL'S ANNOTATED LAWS OF 1892.

CODE OF CIVIL PROCEDURE.

CHAPTER 3.-Exemption from execution-Personal property.

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SECTION 282. * The following property shall be exempt from execution, if selected and reserved by the judgment debtor or his agent at the time of the levy, or as soon thereafter before sale thereof as the sale shall be known to him, and not otherwise:

1. Books, pictures, and musical instruments owned by any person, to the value of seventy-five dollars.

2. Necessary wearing apparel owned by any person, to the value of one hundred dollars, and if such person be a householder, for each member of his family to the value of fifty dollars.

3. The tools, implements, apparatus, team, vehicle, harness, or library necessary to enable any person to carry on the trade, occupation, or profession by which such person habitually earns his living, to the value of four hundred dollars. Also sufficient quantity of food to support such team, if any, for sixty days; the word "team" in this subdivision shall not be construed to include more than one yoke of oxen, or a span of horses or mules, as the case may be.

4. The following property, if owned by a householder, and in actual use or kept for use, by and for his family, or when being removed from one habitation to another on a change of residence: Ten sheep, with one year's fleece, or the yarn or cloth manufactured therefrom; two cows and five swine, household goods, furniture and utensils, to the value of three hundred dollars; also food sufficient to support such animals, if any, for three months, and provisions actually provided for family use, and necessary for the support of such householder and family for six months.

5. The seat or pew occupied by a householder or his family in a place of public worship.

7. No article of property, or if the same has been sold or exchanged, then neither the proceeds of such sale nor the article received in exchange therefor, shall be exempt from execution issued on a judgment recovered for its price.

CHAPTER 3.—Exemption from garnishment, etc.—Wages.

SEC. 313. The earnings of a judgment debtor for personal services, at any time within thirty days next preceding the judgment against a garnishee, shall not be included in such judgment, when it shall be made to appear by the affidavit of the judgment debtor, or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

CHAPTER 15.-Wages preferred-In administration.

SEC. 1183. The charges and claims against the estate which have been presented and allowed, or presented and disallowed, but subsequently established by judgment or decree within the first six months after the date of the notice of appointment of the executor or administrator, shall be paid in the following order, and those presented and allowed or established in like manner within each succeeding period of six months thereafter, during the continuance of the administration, in the same manner:

7. Debts due employees of decedent for wages earned within the ninety days immediately preceding the death of the decedent;

SEC. 1890. If any person shall keep open any store, shop, grocery, ball alley, billiard room, or tippling-house, for the purpose of labor or traffic,

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