enforce a lien as by law required in the case of mechanics and other persons seeking to enforce a lien upon dwelling houses and other buildings, except when other provisions are made by this Act.

when filed.

Substance of

SEC. 4. When any sum exceeding ten dollars for labor Notice of lien, performed by any miner or other person upon or in any mine or coal bank specified in section one of this Act, shall be due and unpaid for ten days, it shall be competent for the person or persons to whom such sum of money shall be due, to file a notice in the office of county recorder in the county where such mine is situated, at any time within thirty days after the last day upon which work was done by him; which said notice shall in substance set forth the fact that the party performed labor (naming the kind,) for a party or company, (naming the party or company,) that such labor was performed under a contract (stating the substance;) also, the time when the party commenced and when he ceased to work, the amount still due and unpaid, together with a description of the mine or coal bank upon which such work was performed, which statement shall be verified by the affidavit of the party so filing it, and when filed the county recorder shall record the same in a "lien book," the same as required in the case of mechanics' notices of liens.

SEC. 5. The provisions of the next preceding section shall apply to persons who shall furnish materials or work upon any shaft, whim or other hoisting works, who, by complying with the general provisions of such section, shall have a like lien.

SEC. 6. When notices as provided in the next two preceding sections shall be filed, the lien shall hold not only against the owner of the mine or bank from the time when the miner or other person began work, but against all persons or company who shall have purchased such mine or coal bank while such miner or other person was employed therein, or furnished materials used therein or thereon.

SEC. 7. Suit to enforce such lien may be commenced at any time within one year after filing such notice.

SEC. 8. Any owner of any oil well or spring who shall

notice.

Provisions, to whom apply.

Against whom liens hold.

Suit, when commenced.

Ou wells.

employ any person to perform any work of any kind around or about any oil well or spring, either in building derricks, buildings or any kind of machinery, or in boring or drilling, shall be deemed within the provisions of this Act; and all persons performing labor or furnishing materials, shall have like liens upon oil territory upon which he labored or for which he furnished materials or the improvements thereon, as miners or other laborers upon or in mines as provided in this Act, and shall proceed in the same manner to enforce a lien.

SEC. 9. This act shall take effect and be in force from and after its passage.

Approved, December 2d, 1869.

MECHANICS' LIENS.

Who

to lien.

entitled

If charges not filed in thirty

days.

CHAPTER 44.

AN ACT GIVING LIENS TO MECHANICS, ARTIZANS, AND OTHER PERSONS
UPON PERSONAL PROPERTY IN CERTAIN CASES.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming, as follows:

SEC. 1. That any mechanic, artizan, or other person who shall make, alter, repair or bestow labor upon any article of personal property, at the request of the owner or party having possession thereof, or who shall furnish materials from which the same is made or repaired, shall have a lien upon all such articles of personal property for his reasonable charges for the labor performed, or materials furnished and used in such making, alteration, repair, or improvement.

SEC. 2. If any such charges for which a lien is given by the preceding section, be not filed within thirty days after the same becomes due, and payable, the mechanic or other person to whom such lien is given, may apply to any justice of the peace of the county wherein he resides, to appoint appraisers to appraise the several articles of personal

property, when such lien is claimed. Such justice shall thereupon appoint by warrant, under his hand and seal, the appraisers being responsible householders of the county not interested in the matter, to appraise such personal property.

sworn.

SEC..3. The appraisers so appointed, shall be sworn by Appraisers the justice to well and faithfully appraise and value all such personal property, and shall thereupon proceed to view and appraise the same, and shall return appraisement, wherein shall be set down each article separately, to the justice, by whom they were appointed, within ten days after their appointment.

SEC. 4. After such appraisement is made, the person to Ten days notice. whom such lien is given by the foregoing sections, shall

give ten days prior notice of the time, place, and terms

of sale, together with a description of the property Personally to be sold. Such notice shall be personally served served. upon the owner, or the person from whose possession such property was received, if such owner or person reside

within the County; if not, by publication in some newspaper Publication. published in the county wherein the person attempting to enforce his lien resides, (or if there be no such newspaper, then by posting in three public places within such county for at least four weeks,) and shall transmit by mail to the owner at his usual place of abode if known, a copy of such notice, the notice being personally served, or the service being complete after four weeks, the party claiming a lien may proceed to sell all such personal property, or as much thereof as may be necessary to pay his claim, at public auction for cash in haud, at any public place within such county named in such notice, between the hours of ten A. M. and four P. M. of the day appointed; and from the proceeds may pay the reasonable costs of such appraisement, notice, and sale, and his reasonable charges for which he hath his lien. The residue of the property unsold he shall surrender unto the owner.

SEC. 5. No such sale shall be made for less than twothirds of the appraised valuc of the article sold, nor except upon due notice as required by the preceding section.

Sale for not less than two-thirds.

Every such sale made in violation of the provisions of this section shall be absolutely void.

SEC. 6. At any such sale the person to whom such lien is given may become the purchaser.

SEC. 7. In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day by public outcry at the place of sale. Upon the completion of such sales the person to whom the lien is given hereby, shall cause a bill of sale thereof to be filed with the justice of the peace before whom the appraisement was had, in which shall be set down the sum for which each separate article of property was sold and the name of the purchaser. The justice shall record such bill of sale in his docket, and preserve the original thereof, together with the appraisement.

SEC. 8. Nothing herein contained shall be so construed as to take away the right of action of the party to whom such lien is given for his charges, or for any residue thereof after sale of such property.

SEC. 9. At any such sale, the person to whom such lien is given as herein provided, may appoint a clerk and crier. SEC. 10. Appraisers appointed under the provisions of this act shall receive three dollars per day; justices of the peace shall receive for each warrant of appraisement twenty cents per one hundred words, and the like fees for recording each bill of sale. Clerks and criers at sales made under the provisions hereof, shall receive each three dollars per day.

SEC. 11. The act shall take effect and be in force from and after its passage.

Approved, December 10, 1869.

OFFICIAL YEAR.

CHAPTER 45.

AN ACT DEFINING THE OFFICIAL YEAR OF COUNTY AND PRECINCT OFFICERS
AND FOR OTHER PURPOSES.

Be it enacted by the Council and House of Representatives
of the Territory of Wyoming :

SEC. 1. That the official year of all county and precinct officers shall hereafter terminate upon the last day of October of each and every second year; Provided, That all county and precinct officers now acting as such, whether by appointment of the legislative assembly of Dakota territory, by county board of commissioners, or otherwise, shall expire on the eleventh day of December instant, and all records, books, dockets, papers, office furniture and every other matter or thing pertaining to the several county or precinct officers, shall be, upon demand, on and after the thirteenth day of December instant, transferred to and delivered up to the successor or successors to such officer or officers.

SEC. 2. The official year of all county and precinct officers shall hereafter commence on the first day of November every second year, except as otherwise provided by law.

SEC. 3. All persons appointed to any county or precinct when qualify. office by the present legislative assembly, shall qualify according to law, on the thirteenth day of December instant, or as soon thereafter as they shall severally be notified of their appointment to office, and shall hold their said offices respectively until the next election as provided by law.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved, December 10, 1869.