SECTION 1197. Lien does not impair right to proceed for recovery of the debt. 1198. Rules of practice. 1199. New trials and appeals. laborers, tors, etc., may have liens upon 1183. Every person performing labor upon, or fur- What nishing materials to be used in the construction, alter- contracation, or repair of any mining claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who performs labor in any mining claim, has a lien upon the same for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent, but the aggregate amount of such liens must not exceed the amount which the owner would be otherwise liable to pay. 1184. Any person who, at the request of the owner of any lot in any incorporated city or town, grades, fills in, or otherwise improves the same, or the street in front of or adjoining the same, has a lien upon such lot for his work done and materials furnished. 1185. The land upon which any building, improvement, or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, is also subject to the liens, if, at the time the work was commenced or the materials for the same had commenced to be furnished, the land belonged to the person who caused said building, improvement, or structure to be constructed, altered, or repaired; but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien. Lions for and filling grading lots and streets. What interest in the land subject to the lien. Effect of liens. Claim of lien to be filed in Recorder's office. Lions upon two or of property. 1186. The liens provided for in this Chapter are preferred to any lien, mortgage, or other incumbrance which may have attached subsequent to the time when the building, improvement, or structure was commenced, work done, or materials were commenced to be furnished; also, to any lien, mortgage, or other incumbrance of which the lienholder had no notice, and which was unrecorded at the time the building, improvement, or structure was commenced, work done, or the materials were commenced to be furnished. 1187. Every original contractor, within sixty days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this Chapter, must, within thirty days after the completion of any building, improvement, or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining claim, file with the County Recorder of the county in which such property, or some part thereof, is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner, or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given and conditions of his contract, and also a description of the property to-be charged with the lien sufficient for identification, which claim must be verified by the oath of himself or of some other person. If his contract or any part thereof is in writing, a copy of such writing must be filed with and made part of his claim. 1188. In every case in which one claim is filed more pieces against two or more buildings, mining claims, or other improvements owned by the same person, the person filing such claim must at the same time designate the designated. amount due to him on each of such buildings, mining Amount due from each to be claims, or other improvements; otherwise, the lien of such claim is postponed to other liens. The lien of such claimant does not extend beyond the amount designated, as against other creditors having liens, by judgment, mortgage, or otherwise, upon either of such buildings or other improvements, or upon the land upon which the same are situated. recorded. 1189. The Recorder must record the claim in a Claim to be book kept by him for that purpose; which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may Fees of receive the same fees as are allowed by law for recording deeds and other instruments. 1190. No lien provided for in this Chapter binds any building, mining claim, improvement, or structure for a longer period than ninety days after the same has been filed, unless proceedings be commenced in a proper Court within that time to enforce the same; or, if a credit be given, then ninety days after the expiration of such credit; but no lien continues in force for a longer time than two years from the time the work is completed, by any agreement to give credit. 1191. If service of summons be made by publication, the time of publication, where the defendant resides out of or is absent from the State, or for any other cause cannot be served personally, need be but once a week for four successive weeks. 1192. Recorder. Time of continu ance of lien. Service of summons by publi cation. tractors, who are, and when paid out of proceeds of All persons entitled to liens on the structure Sub-conor improvement, except those who contracted with the owner thereof, are sub-contractors, and the Court, in the judgment, must direct the amount due sub-contractors to be paid out of the proceeds of sales before any part of such proceeds are paid to the contractor. sale. 1193. The Court may also allow, as part of the Costs. Court to declare rank of liens. Execution for deficit. Actions for separate costs, the moneys paid for filing and recording the lien, and a reasonable attorney's fee in the District and Supreme Courts. 1194. In every case in which different lens are asserted against property, the Court in the judgment must declare the rank of each lien or class of liens, and the proceeds of the sale of the property must be applied to each lien or class of liens in the order of its rank. 1195. Whenever, on the sale of the property subject to the lien, there is a deficiency of proceeds, judgment may be docketed for the deficiency in like manner and with like effect as in actions for the foreclosure of mortgages. 1196. Any number of persons claiming liens may liens may join in the same action, and when separate actions are commenced the Court may consolidate them. be joined, when and how. Lien does not impair right to 1197. Nothing contained in this Chapter can be construed to impair or affect the right of any person recovery of to whom any debt may be due for work done, or proceed for the debt. Rules of practice. materials furnished, to maintain a personal action to recover such debt against the person liable therefor; and the person bringing such personal action may take out an attachment therefor, notwithstanding his lien, and, in his affidavit to procure an attachment, need not state that his demand is not secured by a lien; but the judgment, if any, obtained by the plaintiff in such personal action, cannot be construed to impair or merge any lien held by plaintiff under this Chapter. 1198. Except as otherwise provided in this Chapter, the provisions of Part II of this Code are applicable to, and constitute the rules of practice in, the proceedings mentioned in this Chapter. and 1199. The provisions of Part II of this Code rela- New trials tive to new trials and appeals, except in so far as they appeals. are inconsistent with the provisions of this Chapter, apply to the proceedings mentioned in this Chapter. CHAPTER III. CERTAIN LIENS FOR SALARIES AND WAGES. SECTION 1204. Certain persons preferred creditors when assignment of property is made. 1205. Same, against estates. 1206. Same, in cases of execution or attachment. persons creditors assignment of property is made. 1204. In all assignments of property, made by any Certain person to trustees or assignees, on account of the in- preferred ability of the person, at the time of the assignment, to when pay his debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, servants, clerks, or laborers employed by such person, to the amount of one hundred dollars, and for services rendered within sixty days, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of the assignor. against 1205. In case of the death of any employer, the Samo. wages of each miner, mechanic, salesman, clerk, ser- ostates. vant, and laborer, for services rendered within the forty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children, and must be paid before other claims against the estate of the deceased person. 1 1206. In cases of executions, attachments, and writs of a similar nature, issued against any person, |