Payments made collusively, and for the purpose of avoiding the provisions of the act, are ineffectual against the lien; and payments made in advance of the terms of contract, though without collusion, cannot be allowed.

Those performing labor or furnishing material as above may at any time demand of the owner or his agent the terms of contract and a statement of accounts between the owner and contractors.

Notice of lien.-At any time during the performance of work or furnishing of materials, or within 90 days of the completion thereof, dating from the last item, notice of lien may be filed in writing in the clerk's office, of the county in which the property is situated, containing the names and residences of the claimants, the nature and amount of the service performed or materials furnished or to be furnished, with the name of the owner or person in possession of the premises against which or whom the lien is claimed; the name of the person, firm, or otherwise, from whom employment was obtained or who engaged the materials, and also a statement of the amount of labor or work done or furnished, together with a description of the property to be charged with the lien, sufficient for identification. Failure to state true name of owner or person legally in possession shall not impair the validity of the lien. Every claimant shali, within 10 days after filing his notice of lien, make a legal service of a copy of said notice upon the owner or other party in interest, and after such service such owner or party in interest shall not be protected in any payment made to the contractor or other claimant.

The lien, as above, shall have priority over any conveyance, judgment or other claim which was not docketed or recorded at the time of filing notice of lien, but shall not affect the priority of the amount actually owing on a mortgage given for purchase money.

No lien provided for in this act shall bind the property therein described for a longer period than one year after the notice has been filed, unless within that time an action is commenced to enforce the lien, or unless an order be made by a court of record continuing the lien.

A lien may be enforced by a civil action in a court of record in the city or county where the property is situated. The act provides that judgment may also be obtained in courts not of record. Any parties claiming liens upon the same property may join in the same action; and when separate actions are commenced, the court in which the first action was brought (if a court of record) may, upon the application of owner of the property, or of any part thereof, or of any party to either action, consolidate them.

All parties except those contracting with the owner shall be deemed sub-contractors, and shall have priority over contractors. Persons standing in equal relation shall have priority according to date of filing. In case of different liens the court must declare priority.

By the laws of New York special liens are provided against municipal property, railroad corporations, oil wells, etc.

PENNSYLVANIA.

The lien of mechanics and material-men extends to buildings and to the ground covered thereby, and as much more ground as may be necessary for the ordinary and useful purposes of the building, but it does not extend to public buildings belonging to a county, nor to school-houses, nor to railway depots, nor to public corporation buildings used in their active operations; but churches are included.

The owner of the ground must enter in the "Mechanics' Lien Docket" in the prothonotary's office, the boundary of the lot he designs to improve and that becomes notice to all the world, and binds everyone. A prior mortgage takes precedence of a lien. The lien shall exist for the benefit of plumbers, paperhangers, gasfitters, and furnishers of machinery for coal mines, also to wharves. The interest of a tenant for years is not such as will be bound by a mechanic's lien. If a woman owns real estate and her husband improves it with her consent, it will be bound by the lien.

Liens may also be taken for alterations and repairs, where the amount thereof is $50 or over.

There are special acts authorizing liens on leaseholds and fixtures pertaining to mines, which relate to several of the mining counties. Every person entitled to a lien shall file a notice thereof in the prothonotary's office of the court of common pleas of the proper County, which shall set forth the name of owner, contractor, architect, builder and claimant; also the amount due, kind of work done or materials furnished, time, etc., and full description of building, etc. If more than one building is embraced in the same contract the lien may be apportioned. The lien shall continue for six months from the time of finishing the work or furnishing of materials. The proceedings in court to enforce the lien shall be by writ of scire facias. When notice of the lien is filed with the prothonotary, it is good for five years. Where materials are furnished in pursuance of a contract, the limitation begins to run from the date of the last act done in pursuance of it. A contractor and a sub-contractor cannot file a joint claim.

A mechanic is bound to file his claim with certainty sufficient to give creditors and purchasers record-notice; and nothing less than certainty to a common intent will affect them.

A copper kettle or boiler in a brew-house is part of the freehold, and subject to the lien law; so are burr mill-stones; so is the engine by which a steam saw-mill is propelled.

A prior mortgage has precedence of a lien, although given for future advances.

THE LAW OF LOG LIENS.

MINNESOTA.

Whoever performs manual labor upon any logs or timber, shall have a lien upon such logs or timber to secure the payment of wages agreed to be paid for such labor, upon complying with the following requirements:

Before entering upon the performance of any such labor, the person proposing to perform the same shall cause to be filed and recorded in the office of the surveyor general of logs, for the district in which the mark of the logs or timber upon which the work is to be done is by law required to be recorded, a memorandum in writing of the contract, which memorandum shall contain: First-The names of the parties to the contract. Second-The proposed mark of the logs, etc. Third-Time when such labor is to be performed. Fourth-The amount, time and manner of payment agreed upon for such service, and shall be signed by both parties.

Action for enforcement of lien shall be brought within six months after filing.

MICHIGAN.

Any person or persons that may perform any labor or services in felling, cutting, hauling, banking, driving, running, rafting or booming any logs, timber or staves in this state, shall have a lien thereon for the amount due for such labor or services, and the same shall take precedence of all other claims thereon. In order to act as a lien a statement of the nature of the claim shall be filed with the clerk of the county in which the service was performed. In case the labor was running or driving logs it shall be filed in the county where the drive terminated. Such petition shall be filed within 15 days af er the completion of such labor. Provided, that whenever such lien shall be claimed for labor done between October 30th and April 1st, next, such petition shall be filed on or before the 15th day of said April, and when done between March 30th and November 1st, it shall be filed on or before November 15; unless it be so filed such lien shall terminate. Suits shall be begun within three months from time of filing; Provided, that any sale or transfer of logs, etc., during the time for,

and previous to the filing of such statement shall not affect such lien, but it shall remain and be enforced against such logs, etc., in whosesoever possession found.

Any person having such lien may enforce the same by an attachment against the logs in the circuit courts of the state, making full statement of account, with affidavit. No sheriff or other officer shall attach or levy upon any such logs, etc., when in transit, when the destination is within the state. Such logs, etc., shall be released if the owner or agent shall give, according to law, a bond for double the amount claimed. No atachment shall be issued unless the amount due shall be $100 and upwards, but everal claims may be combined, making the whole equal to $100 or upwards, when it shall be treated as one claim, and their agent or attorney shall be considered the plaintiff.

WISCONSIN.

Any person who shall furnish any supplies, rafting or other materials, or perform any service in cutting, felling, haulig, running, driving, rafting, booming, cutting or towing any logs or timber in the counties of Ashland, Barron, Bayfield, Brown, Burnett, Chippewa, Clark, Door, Douglas, Eau Claire, Fond du Lac, Jackson, Kewaunee, La Cos e, Lincoln, Manitowoc, Marathon, Monroe, Oconto, Outagamie, Pierce, Polk, Portage, Shawano, St. Croix, Taylor, Waupaca, Winnebago, or Wood, shall have a lien upon such legs or timber for the amount due for such supplies, etc., which shall take precedence of all other claims or liens thereon, and such liens for labor and services shall take precedence of such liens for supplies or materials; Provided, that in the counties of Chippewa and Taylor there shall also be such lien for the services of men and teams engaged in hauling supplies for those engaged in such business; but there shall be no lien for such supplies or materials furnished.

The word "supplies," as used in the preceding section, is applicable to all those counties except Lincoln, Marathon, Portage, Wood, Fond du Lac, Outagamie, Shawano, Waupaca and Winnebago, and such portions of Brown and Oconto, wherein such logs or timber are run down the Wolf river or any of its tributaries, and shall mean only feed for teams and the food used in camp to support the men; and in the other counties mentioned, the words "supplies, rafting or other materials" shall mean everything supplied for carrying on the business.

NEW HAMPSHIRE.

Any person who shall perform labor or furnish supplies to the amount of $15 or more toward raft 'ng, driving, cutting, hauling, or drawing wood,

bark, lumber or logs, or at cooking or hauling supplies, in aid of such labor, shall have a lien thereon for such labor or supplies, which lien shall take precedence of all prior claims, except for public taxes, to continue 90 days (changed from 60 days, July 19, 1879) after the contract is completed, and may be secured by attachment.

Any sub-contractor can secure the same by giving notice, in writing, to the owner of his intention.

VERMONT

A person cutting or drawing logs shall have a lien thereon for his wages which shall take precedence of other claims except public taxes, and shall continue 60 days after the services are performed. But such lien shall not attach until the person claiming it files in the town clerk's office, or, if the town is not organized, in the county clerk's office, a brief statement of the contract and his purpose to enforce the lien.

Such lien shall have no validity against a subsequent purchaser unless a suit is brought and the logs attached within 30 days from the time the plaintiff's right of action accrues; and shall have no validity against anyone unless suit is brought and the logs attached within 60 days from such time.

MAINE.

A person who labors at cutting, hauling, rafting or driving logs or lumber, or at cooking for persons engaged in such labor, shall have a lien tl ereon for the amount due for his personal services, and the services performed by his team, which shall take precedence of all other claims, except liens reserved to the states of Maine and Massachusetts; to continue for 60 days after the logs or lumber arrive at the place of destination for sale or manufacture; and be enforced by attachment.

A lien on hemlock bark shall not continue after the bark reaches the market.