Buildings. Any person who has a subsisting cause of action to the amount of ten dollars and upwards for any labor performed upon any lands, tenements, or hereditaments, or for any materials furnished for any improvements upon any lands, or buildings, may, at any time within ninety days next after such cause of action shall have accrued, file his complaint as in other cases, and serve a notice upon the defendant; and such complaint shall, in addition to the facts necessary to constitute a cause of action, contain an accurate description of the location of the lands and buildings upon which the labor was performed, or for the improvement of which the materials were furnished; and shall also allege that the defendant therein named is the owner of, or has some interest in, such lands or buildings, and that such labor was performed, or such materials furnished, pursuant to an agreement, expressed or implied, between the plaintiff and defendant or his agent; the said complaint shall, as soon as filed in the office of the Clerk of the District Court of the proper county, constitute and be a lien upon the property therein described, in favor of the plaintiff, to the extent of the defendant's title or interest therein.

When the complaint does not allege that the labor was performed or the materials furnished, pursuant to an agreement with the defendant, but shall allege that the labor was per formed or the materials furnished pursuant to an agreement with some contractor therein named, which contractor was employed by the defendant or his agent, and that the plaintiff was employed by said contractor, and had served a notice in writing upon the defendant or his agent, to the effect that he, the plaintiff, was, or had been, employed by the said contractor to perform labor thereon, or to furnish materials for the improvement of such lands and buildings, and relied upon him, the defendant, or upon such lands and buildings for his pay, then the filing of such complaint shall constitute and be a lien in favor of the plaintiff, the same as provided in the preceding section, to the amount that the defendant was indebted to the said contractor, when the notice was served upon him or his agent, and to the amount in which the defendant became indebted to said contractor after the service of said notice, and before the expiration of the plaintiff's lien.

The plaintiff may, at any time after filing his complaint as above provided, serve a notice on defendant, and proceed to judgment as in other actions; but the lien hereby created shall cease to exist after ninety days from the time the labor was performed, or the materials furnished, unless a notice be served within that time.

COLORADO.-Any person who has a subsisting cause of action to the amount of ten dollars and upwards, for any labor performed upon any lands, tenements, or hereditaments, or for any materials furnished for any improvements upon any lands or buildings, may, at any time within one year next after such cause of action shall have accrued, file his complaint as in other cases, and serve a notice upon the defendant; and such complaint shall, in addition to the facts necessary to constitute a cause of action, contain an accurate description of the location of the lands and buildings upon which the labor was performed, or for the improvement of which the materials were furnished; and shall also allege that the defendant therein named is the owner of, or has some interest in, such lands or buildings, and that such labor was performed, or such materials furnished, pursuant to an agreement, expressed or implied, between the plaintiff and defendant or his agent; the said complaint shall, as soon as filed in the office of the Clerk of the District Court of the proper county, constitute and be a lien upon the property therein described, in favor of the plaintiff, to the extent of the defendant's title or interest therein.

When the complaint does not allege that the labor was performed or the materials furnished, pursuant to an agreement with the defendant, but shall allege that the labor was performed or the materials furnished pursuant to an agreement with some contractor therein named, which contractor was employed by the defendant or his agent, and that the plaintiff was employed by said contractor, and had served a notice in writing upon the defendant or his agent, to the effect that he, the plaintiff, was, or had been employed by the said contractor, to perform labor thereon, or to furnish materials for the improvement of such lands and buildings, and relied upon him, the defendant, or upon such lands and buildings for his pay, then the filing of such complaint shall constitute and be a lien in favor of the plaintiff, the same as provided in the preceding section, to the amount that the defendant was indebted to said contractor when the notice was served upon him or his agent, and to the amount in which the defendant became indebted to said contractor after the service of said notice, and before the expiration of the plaintiff's lien.

The plaintiff may, at any time after filing his complaint as above provided, serve a notice on defendant, and proceed to judgment as in other actions, but the lien hereby created shall cease to exist one year from the time the labor was performed or the materials furnished, unless a notice be served within that time.

KANSAS.-Sec. 1. Any person who shall, under contract with the owner of any tract of land or lots, furnish materials or perform labor for erecting, repairing or altering any building or the

appurtenances of any building on such land, lot or lots, shall have a lien from the time of making such contract upon the whole tract of land, lot or lots, the building and appurtenances, in the manner herein provided, for the amount due to him for such labor or materials.

Sec. 2. The lien shall extend to all work done and materials furnished under the provisions of the contract, whether the kind or quality of the work, or materials, or amount to be paid be pecified or not.

Sec. 3. When any sum due by such contract shall remain unpaid after the same is payable, the creditor may, in a suit upon petition filed in the district court of the county in which the land, lot or lots lie, obtain an order for the sale thereof, and for applying the proceeds of such sale to the discharge of his demands; and the fing of the petition and precipe in the clerk's office shall be deemed the commencement of the suit.

Sec. 4. The petition shall contain a statement of the cause of action, with a description of the premises subject to the lien; the summons shall be similar to and served as in other cases; constructive service may be had as provided by law in other cases.

Sec. 5. Every person who has or claims any lien upon, or right or interest in or to such building, appurtenances, land, lot or lots, or any part thereof, by virtue of this act or otherwise, may be a defendant in such suit, and have his rights adjudicated therein, and may in his answer state such lien, right or interest, and his doing so shall be deemed the commencement of a suit.

WESTERN VIRGINIA. 1. Every mechanic, builder, artisan, workman, laborer or other person who shall do or perform any work or labor upon, or furnish any material, machinery or fixtures for any building, erection or other improvement upon land, in cluding contractors, sub-contractors, material furnishers, mechan ics and laborers engaged in the construction of any railroad o other work of internal improvement, or for the work of labor done on any steamboat or other water-craft, or materials furnished for the same, or for the repairing of the same, under and by virtue of any contract with the owner or proprietor thereof, his agent, trustee, contractor or sub-contractor, shall have a lien upon such building, erection or improvement, and upon the land belonging to such owner or proprietor on which the same is situat ed, to secure the payment of such work or labor done, or materials, machinery or fixtures furnished.

2. Every sub-contractor wishing to avail himself of the benefite of this act shall give notice to the owner or proprietor, or his agent or trustee, before or at the time he furnishes any of the material aforesaid or performs any of the labor, of his intention

to furnish or perform the same, and the probable value thereof; and if afterwards the materials are fur ished or labor done, the sub-contractor shal settle with the contractor therefor, and having made the settlement in writing, the same, signed by the contractor and certified by him to be just, shall be presented to the owner or proprietor, or his agent or his trustees, and left with him; and within thirty days from the time the materials shall have been furnished, or the labor perfc.med, the sub contracto shall file with the recorder of the county in which the building, erection, boat, water-craft or other improvement is situated, a copy of the settlement between him and the contractor, which shall be a lien on the building, erection, boat, water-craft or other improvement for which the materials were furnished or for which the labor was performed; and shall at the same time file a correct description of the property to be charged with the lien, the correctness of which shall be verified by affidavit.

3. If the contractor shall, for any reason, fail or refuse to make and sign such settlement in writing with the sub-contractor when the same is demanded, then the sub-contractor shall make a just and true statement of the work and labor done or materials furnished by him, giving all credits, which he shall present to the owner or proprietor, or his agent or trustee; and shall also, within thirty days, file a copy of the same, verified by affidavit, with the Recorder of the county in which the building, erection, boat, or other improvement may be situated, together with a correct description of the property to be charged with the lien.

4. The certificate of settlement made as aforesaid, or the state ment of the sub-contractor, shall be a justification to the employer in witholding from the contractor the amount appearing thereby to be due to the sub-contractor until he is satisfied that the same has been paid, and the employer shall become the surety of the contractor to the sub-contractor for the amount due for such work and labor or materials furnished, not, however, exceeding the value thereof, as notified under section second.

5. The notices mentioned shall be served as other notices are directed to be served.

6. It shall be the duty of every person, except as has been provided for sub-contractors, who wishes to avail himself of the provisions of this act, to file with the recorder of the county in which the building, erection or other improvement to be charged with lien is situated, and within ninety days after the materials aforesaid shall have been furnished, or the work and labor cone ɔr performed, a just and true account of the demand due or owing to him, after allowing all credits, and containing a correct description of the property to be charged with said 'ien, and testified by affidavit.

7. It shall be the duty of the recorder of the county to endorse upon every account the date of filing, and record the same in a book by him to be kept for that purpose, to be called the "Me chanics Lien Record," properly indexed; and he shall state the time of the filing of the same, the description of the property to be charged by the said lien; and shall, when duly required, enter satisfaction on the same, for which said recorder shall receive in each case the sum of one dollar, to be paid by the person imposing the lien, which shall be taxed and collected as other costs in case there be a suit thereon.

8. Where there are several contractors under the same employer, for the building or erection or other improvement, or for work or labor, or for materials furnished for the same, the said several lienors shall have no priority of lien for such work and labor or materials furnished; and if the said structure and the ground on which the same is situated be not sufficient to pay the expenses of the whole structure, the said laborers and material men shall be paid pro-rata.

9. The entire land upon which any such building, erection or other improvement is situated, including as well that part of said land which is not covered with such building, erection or improvement, shall be subject to all liens created by this act, to the extent, and only to the extent, of all right, title and interest owned therein by the owner or proprietor of such building, erection or other improvement, for whose immediate use or benefit such labor was done or materials were furnished; and when the interest owned in said land by such owner or proprietor of such building is only leasehold interest, the forfeiture of such lease for the non-payment of rent or for non-compliance with any other tipulations therein, shall not forfeit or impair such liens so far bit concerns the building, erection and improvement thercon, put by such owner or proprietor charged with such lien; but such building, erection or improvement may be sold to satisfy such lien, and be moved within thirty days after such sale by the undertaker.

10. The lien for materials aforesaid, or work, shall attach to the building, erection or improvement for which they were furnished, or the work was done, in preference to any prior lien or incumbrance or mortgage or deed of trust upon the land upon which said building, erection or improvement has been erected or put; and any person enforcing such lien may have such building, erection or improvement sold, and the purchaser may remove the same within a reasonable time thereafter.

11. Any person having a lien under or by virtue of this act, may file a bill in Chancery to enforce the same; and any other