certain paragraphs may have no bearing thereon. Such paragraphs or sentences have been omitted from this work and their absence is indi cated by stars. In this connection it is well to state that exceeding care has been taken to omit no provision which is not clearly and obviously outside the subject treated in this volume, and where any reasonable doubt has arisen the provision has generally been included. It is quite possible, therefore, that some matter may be published herein that will appear to some to be of little importance in the consideration of this subject. The error in this matter, if one exists, is one of judg ment and clearly on the side of safety.

It has been the aim of the Department to collect all the legislation of the country bearing on the subject of labor into one volume, and to present it in the most simple and clearest form possible. The greatest care has been taken, every volume of the laws in the library having been carefully searched at least twice, the last time by turning the pages one by one and not relying on the indices. Nevertheless it is possible that something that should have been included has been overlooked, and it would be folly to assert that errors of judgment have not been made. Such abilities and habits of industry as the compiler, S. D. Fessenden, esq., of the Department possesses, have been honestly and earnestly devoted to accomplishing the task set before him in a satisfactory manner, and it is hoped that it will meet with approval. To him and to the chief clerk of the Department, Mr. O. W. Weaver, I am greatly indebted. Under my supervision they have labored assiduously to produce a valuable compilation of labor laws, a work which I am sure will be appreci ated by the public.

Respectfully, your obedient servant,

Hon. JOHN J. O'NEILL,

CARROLL D. WRIGHT,

Commissioner.

Committee on Interstate and Foreign Commerce.

CHAPTER I.

LIENS.

A lien is defined by Bouvier to be ". a hold or claim which one person has upon the property of another as a security for some debt or charge." (Bouvier Law Dict., Vol. II, p. 88.)

The lien of mechanics and material men on buildings and for work done and materials furnished is unknown either at common law or in equity, but it exists in all the United States to a greater or less extent by statute. (Bouv. Law Dict., Vol. II, p. 97.)

DIGEST OF LIEN LAWS.

MECHANICS' LIEN ACTS.

OF THE LIEN.

[See notes, pp. 7 to 9.]

In the States and Territories following, any person furnishing labor or materials for the erection or repair of a building has a mechanic's lien on the build- · ing and on the land on which it is situated, subject to certain conditions:

Alabama. Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

NOTES.

The limitations, modifications, etc., operative in the States and Territories are as follows:

Alabama.-Lien also given to any person furnishing fixtures, boilers, engines, or machinery. The lien attaches in a city, town, or village to the right, title, and interest of the owner of the building in the entire lot of land on which it is situated; in the country, to his interest in 1 acre of the land only.

Arizona.-Lien also given to any person furnishing machinery, fixtures, or tools. Lien also given for the improvement or alteration of a building. Lien also attaches to the fixtures or improvements furnished. Lien, in city, town, or village, attaches to entire lot or lots on which the building is situated; in the country to 10 acres.

Arkansas.-Lien is also given to any person furnishing machinery or fixtures. Lien is given only in cases where the owner of the building is also the owner of the land on which it is situated. Lien attaches to all the land around the building, not exceeding 2 acres.

California.-Lien also given for the alteration of or addition to a building. The lien attaches to the interest of the owner of the building in the land on which the building stands and a convenient space around it.

Colorado.-Lien also given for the enlargement or alteration of a building. Lien attaches to so much of the land belonging to the owner of the building as may be necessary for its convenient use or occupation.

Connecticut.-Lien is given only in cases where the owner of the building is also the owner of the land on which it is situated. Lien also attaches to the appurtenances of the building. To entitle to lien, claim must exceed $25.

Delaware.-To entitle to lien, claim must exceed $25. Lien also given for the alteration of any building.

7

District of Columbia.-Lien also given to any person furnishing fixtures, engines, or machinery. The lien only attaches to the land when said land belongs to the owner of the building situated thereon.

Florida.-Lien attaches to the owner's interest in the land on which his building is situated.

Georgia. The lien only attaches to the land when said land belongs to the owner of the building situated thereon.

Idaho.-Lien also given for the alteration of any building. The lien attaches to the interest of the owner of the building in the land on which it stands, a convenient space about it, and so much more as may be necessary for its convenient use and occupation.

Illinois.-Lien is given only in cases where the owner of the building is also the owner of the land on which it is situated. Lien also attaches to the appurtenances of the building. Lien also given for the ornamentation, alteration, and beautifying of a building.

Indiana.-Lien attaches to the owner's interest in the land on which his building is situated. Lien also given for the alteration or removing of a building. Iowa,-Lien is also given to any person furnishing machinery or fixtures. The lien only attaches to the land when said land belongs to the owner of the building situated thereon.

Kansas.-Lien is given only in cases where the owner of the building is also the owner of the land on which it is situated. Lien also attaches to the appurtenances of the building. Lien also given for the alteration of a building, for putting up fixtures, machinery, or attachments to the building, and for planting trees, vines, plants, or hedges on the land.

Kentucky.-Lien attaches to the owner's interest in the land on which his building is situated. Lien also given for the alteration of a building and for the excavation of cellars, cisterns, vaults, and wells.

Louisiana.-The lien attaches to the interest of the owner of the building in the land on which it is situated not exceeding 1 acre in extent.

Maine.-Lien also given for the alteration of a building. Lien attaches to the owner's interest in the land on which his building is situated.

Maryland.-Lien also given for the rebuilding or improving of a building. The repairing, rebuilding, or improving of a building must be to the extent of one-fourth of its value to entitle to lien. The lien attaches to the interest of the owner of the building in the land covered by it, and so much more around as is necessary for the ordinary and useful purposes of the building.

Massachusetts.-The same as Maine above.

Michigan.-Lien also attaches to the appurtenances of the building. Lien also given for the alteration and ornamentation of a building. The lien attaches, in a city or village, to the interest of the owner of the building in the whole of the lot or lots of land on which the improvements were made; in the country, to his interest in not more than one quarter section of the land.

Minnesota.-Lien is also given for the alteration or removal of a building. Lien also given to any person furnishing skill or machinery. The lien attaches, in a city or incorporated village, to the interest of the owner of the building in not more than 1 acre of the land on which it is situated or to which it may be removed; in the country, to not more than 40 acres of said land.

Mississippi.-Lien also given for the alteration of a building. Lien attaches to the owner's interest in the land on which his building is situated. If the work is done in whole or in part under contract the original contractor only is entitled to the lien, and no building or land in this State shall be liable for work done or materials furnished by any person not employed by the owner. Missouri.-The same as Alabama above.

Montana.-The lien attaches in a city, town, or village to the right, title, and interest of the owner of the building in the entire lot of land on which it is situated; in the country, to his interest in 1 acre of the land only. Lien is also given to any person furnishing machinery or fixtures.

Nebraska.-Lien is also given to any person furnishing machinery or fixtures. Lien also given for the removing of a building.

Nevada. The lien attaches to the interest of the owner of the building in the land on which the building stands and a convenient space around it. Lien also given for the alteration of a building. To entitle to lien, claim must amount to $5 or more.

New Hampshire.-Lien also given for the alteration of a building. Lien attaches to the owner's interest in the land on which his building is situated. To entitle to lien, claim must amount to $15 or more.

New Jersey.-Lien also given for the addition to or alteration of a building, but only to original contractor for the alteration.

New Mexico.-The same as Idaho above.

New York.-Lien also given for the alteration of a building. Lien also given to any person equipping a building with chandeliers, brackets, fixtures, or apparatus for supplying gas or electric light. Lien attaches to the interest of the owner of the building in the lot, premises, parcel or farm of land on which it stands or is intended to stand.

North Carolina.--Lien also given for the rebuilding or improving of a building. Lien attaches to the necessary lots of land on which the building is situated. North Dakota.-Lien is also given to any person furnishing machinery or fixtures. Lien attaches to the owner's interest in the land on which his building is situated.

Ohio.-Lien also given for the alteration or removal of a building. Lien also given to any person furnishing machinery. Lien attaches to the interest of the owner of the building in the land on which it is situated or to which it may be removed, and also to the material and machinery furnished.

Oregon. The lien attaches to the interest of the owner of the building in the land on which the building stands and a convenient space around it. Lien also given for the alteration of a building.

Pennsylvania.-Lien also given for the addition to or alteration of a building. To entitle to lien for erection of a building the claim must be of $10 or more, and to entitle to lien for the addition to or repair or alteration of a building the claim must be for $20 or more. Lien attaches to the interest of the owner of the building in the land covered by it and so much adjacent thereto as may be necessary for the ordinary and useful purposes thereof. On leaseholds the lien is given only for the erection of a building.

Rhode Island.-Lien attaches to all steam engines and parts thereof, all boilers, kettles, or vats made of iron, copper, wood, or other materials, and all water wheels, gearing, or shafting in any building and there used or intended to be used, and all steam pipes, gas pipes, and water pipes, cocks and eaves troughs made of copper or other metal attached to any building, and to so much of the owner's land under and adjoining his building as the person claiming the lien may choose to describe in his commencement of legal process.

South Carolina.-The same as Maine above.

South Dakota.-The same as North Dakota above.

Tennessee.-Lien is given only in cases where the owner of the building is also the owner of the land on which it is situated. Lien also given for furnishing or erecting fixtures or machinery. Lien also attaches to the fixtures and improvements.

Texas.-Lien also given to any person furnishing machinery, fixtures, or tools. Lien attaches to the fixtures and improvements and to the land on which the building stands; if in city, town, or village, on the lot or lots necessarily connected therewith; if in the country, to 50 acres.

Utah.-Lien also given for the enlargement or alteration of a building. Lien attaches to so much of the land on which the building is situated as may be necessary for the convenient use and occupation of the building, but only in cases where the owner of the building is also the owner of the land. It also attaches to rights of water, rights of way, and to all franchises and charter privileges of corporations.

Vermont.-Lien also given for the alteration or removal of a building.

Virginia.-Lien does not attach to a building for repairs unless said repairs were ordered by the owner. Lien attaches to the interest of the owner of the building in so much of the land on which it is situated as is necessary for the convenient use and enjoyment of the premises.

Washington. The same as Idaho above.

West Virginia.-Lien is given only in cases where the owner of the building is also the owner of the land on which it is situated. Lien also given for the alteration of a building.

Wisconsin.-Lien also given to any person preparing plans or estimates. Lien also given for the protection or removal of a building. The lien attaches, in an incorporated city or town, to the interest of the owner of the building in not more than one acre of the land on which it is situated; in the country, to his interest in not more than 40 acres of said land.

Wyoming.-Lien also given to any person furnishing fixtures, boilers, engines, or machinery. Lien attaches to the owner's interest in the land on which his building is situated.

NATURE OF IMPROVEMENT.

[See notes, pp. 11 to 15.]

Besides ordinary buildings, the lien is expressly extended, in the States and Territories noted below, to persons furnishing materials or performing labor in the construction or improvement of

Aqueducts: Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, Washington.

Any improvement of a building: Rhode Island.

Any improvement on land: Alabama, Arizona, Arkansas, Iowa, Kansas, Kentucky, Missouri, Montana, North Dakota, South Dakota, Texas, Utah, Wyoming. Any structure on land: Arizona, California, Idaho, Indiana, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, South Carolina, Utah, Virginia, Washington.

Appurtenances of a building: Maine, Minnesota, Nebraska, New Hampshire, New York, Ohio, West Virginia.

Bridges: Arizona, California, Colorado, Delaware, Idaho, Indiana, Louisiana, Maryland, Minnesota, Mississippi, Montana, Nevada, New Mexico, New York, Ohio, Oregon, Utah, Washington, Wisconsin.

Bulkheads: New York.

Canals: Arizona, Colorado, Florida, Louisiana, Montana, Nevada, Rhode Island, Utah.

Cisterns: Michigan.

Coal breakers, pump gearing, and hoisting gearing: Pennsylvania.

Cord wood: Arizona.

Ditches: Arizona, California, Colorado, Idaho, Louisiana, Montana, Nevada, New Mexico, Oregon, Utah, Washington.

Dikes: Washington.

Electric-light lines: Minnesota, Montana.
Engines: Florida, Pennsylvania, Vermont.

Farms: Florida, Montana, North Carolina.

Fences: Arizona, Idaho, Minnesota, Mississippi, Nevada, New Mexico, Oregon, Washington.

Fixtures: Florida, Kentucky, Minnesota, Mississippi, New Jersey, Ohio, Pennsylvania.

Flumes: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington.

Furnaces and furnace materials: Ohio.

Gardens, groves. orchards, parks, and other grounds: Florida.

Gas-pipe lines: Minnesota, Montana.

Hoisting works: Arizona, Nevada.

Hydraulic power: Idaho.

Implements: Florida.

Land: California, District of Columbia, Idaho, Kansas, Minnesota, Montana, Nevada, New Mexico, Oregon, Washington, Wisconsin.

Leaseholds and constructions thereon: Pennsylvania.

Levees Louisiana.

Locomotives and cars: Florida.

Machines or machinery: Florida, Georgia, Idaho, Indiana, Kentucky, Maryland, Michigan, Mississippi, New Jersey, New Mexico, Oregon, Pennsylvania, Washington, Wisconsin.

Mills and manufactories: Arizona, Delaware, Georgia, Mississippi, Nevada, New Jersey.

Mines or mining claims: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Ohio, Utah, Washington.

Property, real or personal: North Carolina, West Virginia.

Quartz lodes: Montana.

Railroads: Arizona, California, Colorado, Connecticut. Florida, Georgia, Idaho, Indiana, Louisiana, Minnesota. Mississippi, Montana, Nevada, New Mexico, North Dakota, Rhode Island, South Dakota, Utah, Washington. Reservoirs: Arizona, Colorado, Indiana, Nevada, Utah.

Stock in stores: Florida, Indiana.

Sub-way conduit lines: Minnesota.

Systems of water works: Indiana.

Telegraph or telephone lines: Florida, Minnesota, Montana.

Toll roads and turnpikes: Colorado, Nevada, Rhode Island, Utah.
Tools

Indiana.

Tramways: Colorado, Nevada, Utah.

Tunnels: California, Idaho, New Mexico, Oregon, Washington.