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 а lien upon such lot for his work done and materials furnished.

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, to be determined by the Court on rendering judgment, is also subject to the lien, if, at the commencement of the work, or of the furnishing of the materials for the same, 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 intersst therein is subject to such lien.

Such liens 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.

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 for record 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 off-sets, 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,

The lien does not bind 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.

In every case in which different liens are asserted against any property, the Court in the judgment must declare the rank of each lien or class of liens, which shall be in the following order, viz.: First, All persons other than the original contractors and sub-contractors. Second, The sub-contractors. Third, The original contractors. 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; and whenever, on the sale of the property subject to the lien, there is a deficiency of proceeds, judgment may be docketed for the deficiency.

Any number of persons claiming liens may join in the same action, and when separate actions are commenced, the Court may consolidate them. The Court may also allow, as part of the costs, the moneys paid for filing and recording the lien. Nothing contained in this title shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished, to maintain a persɔnal action to recover such debt against the person liable therefore.

CHAPTER XIII.

ESTATES OF DECEASED PERSONS.

Order of persons entitled to administer:

1

1. The surviving husband or wife, or some competent per

son whom he or she may request to have appointed.

2. The children.

3. The father or mother.

4. The brothers.

5. The sisters.

6. The grandchildren.

7. The next of kin entitled to share in the distribution of the estate.

8. Any of the kindred.

9. The public administrator. 10. The creditors.

11. Any person legally competent.

If the decedent was a member of a partnership at the time of his decease, the surviving partner must in no case be appointed administrator of the estate.

Of several persons claiming and equally entitled to administer, males must be preferred to females, and relatives of the whole to those of half blood.

When there are several persons equally entitled to the administration, the Court may grant letters to one or more of them; and when a creditor is claiming letters the Court may, in its discretion, at the request of another creditor, grant letters to any other person legally competent.

No person is competent to serve as administrator or administratrix who is:

1. Not a bona fide resident of the Territory.

2. Under the age of majority.

3.

Convicted of an infamous crime.

4. Adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.

A married woman must not be appointed administratrix. Letters of administration must be granted to any applicant, though it appears that there are other persons having better rights to the administration, when such persons fail to appear and claim the issuing of letters to themselves.

The administrator must give bonds, with two or more sufficient sureties, to be approved by the probate Judge, the pen

alty to be not less than twice the value of the personal property, and twice the probable value of the annual rents, profits, and issues of the real property; additional bonds may be required when a sale of real estate is ordered.

When a person dies leaving a widow or minor children, until letters are granted and the inventory is returned, they are entitled to remain in possession of the homestead, of the wearing apparel of the family, and of all the household furniture of the decedent, and are also entitled to a reasonable provision for their support, to be allowed by the probate Judge.

The Court or probate Judge may set apart for the use of the surviving husband or wife, or the minor children of the decedent, all property exempt from execution, including the homestead selected, designated and recorded. If no homestead has been selected, designated and recorded, the Judge or the Court must select, designate, set apart and cause to be recorded, a homestead for the use of the persons before named.

If the amount set apart be insufficient for the support of the widow and children, or either, the Probate Court or Judge must make such reasonable allowance out of the estate as shall be necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate; which, in case of an insolvent estate, must not be longer than one year after granting of letters.

If on the return of the inventory of the estate of an intestate, it appears that the value of the whole estate does not exceed the sum of fifteen hundred dollars, it must be assigned for the use of the widow and minor child or children, after payment of the expenses of his last illness, funeral charges, and the expenses of the administration.

If it appear that the value of the whole estate does not exceed the sum of fifteen hundred dollars, there may be a summary administration of the estate, and an order of distribution at the end of six months after the issuing of letters.

Claims against the estate must be presented to the executor or administrator within the time specified in the notice to creditors, requesting them to present their claims; when the

value of the estate exceeds fifteen hundred dollars, the time expressed in the notice must be ten months; when it does not exceed fifteen hundred dollars, four months. If a claim be not presented within the time limited in the notice, it is barred forever; except where it is made to appear, by the affidavit of the claimant, to the satisfaction of the executor or administrator, and the probate Judge, that the claimant had no notice, by reason of being out of the Territory, it may be presented at any time before a decree of distribution is entered.

Every claim which is due when presented to the administrator must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no off-sets to the same, to the knowledge of the claimant or affiant. If the claim be not due when presented, or be contingent, the particulars of such claim must be stated. When the affidavit is made by a person other than the claimant, he must set forth in the affidavit the reason why it is not made by the claimant. The oath may be taken by any officer authorized to administer oaths. The executor or administrator may also require satisfactory vouchers or proofs to be produced in support of the claim. If the estate be insolvent, no greater rate of interest shall be allowed upon any claim, after the first publication of notice to creditors, than seven per cent.

When a claim, accompanied by the affidavit required as aforesaid, is presented to the executor or administrator, he must endorse thereon his allowance or rejection, with the day and date thereof. If he allows the claim, it must be presented to the probate Judge for his approval, who must, in the same manner, endorse upon it his allowance or rejection. If the executor or administrator, or Judge, refuse or neglect to endorse such allowance or rejection, for ten days after the claim has been presented to him, such refusal or neglect is equivalent to a rejection on the tenth day; and if the presentation be made by a notary, the certificate of such notary, under seal, is prima facie evidence of such presentation and rejection. If the claim be presented to the executor or administrator before the expir