mining claim, building, wharf, bridge, dike, flume, tunnel, fence, machinery, railroad, street railway, wagon road, aqueduct, or any other structure, or who performs labor in any mine or mining claim, or stone quarry, has a lien upon the same for such labor and materials. Any person who, at the request of the owner of any real property, cleans, grades, fills in, or otherwise improves the same, or any street or road in front of, or adjoining, the same, has a lien upon such real property for such labor or the materials furnished for such purpose. The claimant, within 90 days after the completion of any building, alteration, or repair, or after ceasing to labor thereon or furnish materials therefor, must file a statement of his claim, properly verified, in the county auditor's office. No such lien binds the property longer than 8 months thereafter, unless foreclosure proceedings be begun. Such liens are foreclosed as mortgages of real estate.

West Virginia.-Every mechanic, builder, artisan, workman, laborer, or other person, who shall perform any labor upon or furnish any material or machinery for constructing, altering, repairing, or removing a house, mill, manufactory, or other building, appurtenances, fixtures, bridge, or other structure, by virtue of a contract with the owner or his authorized agent, shall have a lien to secure the payment of the same upon such house or other structure, and upon the interest of the owner in the lot of land on which the same stands or to which it may be removed. The laborer and mechanic shall have the first lien, and the liens of the laborers, mechanics, or persons furnishing machinery or material to a contractor shall take precedence over any lien already taken or to be taken by the contractor indebted to them.

Wisconsin.-Any building, lot, wharf, or channel upon which labor or materials are used or furnished by any person, mechanic, or otherwise, for any construction, repairing, fencing, filling, or dredging, is liable to a mechanic's lien thereon, and the lien binds 1 acre of ground in connection therewith, if within a city or village, or 40 acres elsewhere. The lien does not exist unless evidenced by the filing of a claim therefor in the circuit court within 6 months from the last date of furnishing the labor or materials. A subcontractor has the same right to a lien as a principal contractor, if within 60 days after completing his subcontract he give notice of his claim and its amount to the property owner. The lien lapses unless foreclosed by suit brought in a court of record within 1 year from filing, or unless renewed for 1 year by notice setting forth the claimant's interest in the property within 30 days before the expiration of such year.

Wyoming. Any person who shall perform any labor or furnish materials or machinery for the erection, repair, or removal of any house, mill, or other building, at the request of the owner thereof, shall have a lien thereon for the same.

PROVINCES OF THE DOMINION OF CANADA

British Columbia.-Every contractor or subcontractor, laborer, or furnisher of material has a lien for his labor and material furnished in connection with the construction, erection, alteration, or repair of any building and other works. The lien must be filed within 31 days after the work is completed. An action to enforce the lien must be commenced within 30 days after filing.

Manitoba.-Unless he sign an agreement to the contrary, every workman who places or furnishes any materials to be used in making, constructing, erecting, fitting, altering, improving, and repairing any erection, building, land, wharf, pier, bulkhead, bridge, trestle work, vault, mound, well excavation, sidewalk, paving, fountain, fish pond, drain, sewer, aqueduct, roadbed or way, or any of the appurtenances, for any contractor, owner, or subcontractor, shall be entitled to a lien for the price of such work, service, or materials upon such erection, building, land, or the structures aforesaid. Every claim for a lien must be registered, with an affidavit verifying the same, within 30 days after the completion of the work. The lien must be proceeded on by action, the form of which is specifically provided by the Mechanics', Wage Earners', and Others' Lien Act of 1899, within 90 days from the date of the completion of the work.

New Brunswick.-The lien of wage earners is for wages not exceeding 30 days. An itemized claim of the lien, verified by affidavit, must be registered within 30 days from the completion of the work. Registered liens are good for 90 days only, unless proceedings be taken to realize within that time.

Ontario.-The liens must be registered in the local registry office during the progress of the building, or within 1 month after its completion, or the furnishing of material. All liens must be enforced within 90 days by action in the high court of justice, or in the county or division court.

Quebec.-Laborers, workmen, architects, and builders, in the order named, have a right of preference over other creditors, only upon the additional value given to the estate by their work. This right of preference gives them, on the property upon which the building is erected, a lien or privilege which exists without registration during the whole time the work lasts. If the lien be registered within the 30 days following the completion or the cessation of the work, it exists for 1 year from the date of the registration.

MORTGAGES AND TRUST DEEDS

There are provisions in all jurisdictions whereby, when the mortgage debt has been paid, the mortgagee must enter satisfaction thereof of record, or become liable to certain penalties. The methods prescribed for the enforcement of mortgages vary considerably in the different jurisdictions. In some states they may be enforced only in equity; in others, there are statutory actions provided, as by scire facias; and, in still others, it is permitted to insert a power of sale in the instrument itself under which the mortgagee or other person named therein may, on default, sell the premises conveyed to satisfy the debt. Where trust deeds are used, such a power of sale is given to the trustee, and after due advertisement and notice he may sell as above. Usually after the sale of such realty, either under judicial decree or under such a power, all right, title, and interest of the mortgagor therein is foreclosed; but in some jurisdictions he or his judgment creditors are allowed a certain period within which he or they may redeem the said premises by the payment of the amount for which the property was sold, with interest thereon, together with taxes and costs.

Alabama.—The power to foreclose a mortgage by sale of the property, or otherwise, may be given to the mortgagee without the aid of the courts, and the mortgagee may purchase at the sale, if such power be incorporated in the mortgage. The foreclosure in such instances is governed by the provisions of the instruments. Power to sell the mortgaged lands follows the assignment of the debt. Without such power they are foreclosed in equity. An equity of redemption exists for 2 years after the sale; the debtor must tender to the purchaser, or any one who has the title to such realty, the purchase money with 10 per cent. per annum and all other lawful charges. Vendors of lands have a lien on the land for the purchase money, which may be enforced by a bill in chancery, whether expressed in the conveyance or not, as against all persons having verbal or written notice.

Arizona.-The mortgage may contain a power of sale; whether it does or not, it may be foreclosed by suit in the district court. Without such foreclosure and sale thereunder the owner cannot recover posses. sion. Trust deeds may be given upon all interests in real estate.

Arkansas.-Sales under mortgages and deeds of trust can be made only after appraisement, and the property must bring two-thirds of the appraised value. In case the property be offered and fail to

bring the required amount, it may be offered again after 1 year, and then sold for what it will bring. Realty may be redeemed within 12 months by paying the amount the property sold for, with 10 per cent. interest and costs.

California. -Every transfer of interest in real property, other than in trust, made only as the security for the performance of any act, is to be deemed a mortgage, and the fact that the transfer was made subject to defeasance on a condition may be proved, except as against a subsequent purchaser or encumbrancer for value and without notice, although the fact does not appear by the terms of the instrument. A mortgagee may by action foreclose the right of redemption of the mortgagor; or a power of sale may be conferred by a mortgagor or any other person, to be exercised after a breach of the obligation. Trust deeds may be used. (See Book of Forms.)

Colorado.-The mortgage must be foreclosed by judicial proceedings, and sold by a commissioner or master in chancery, after which the mortgagor has 6 months from the sale within which to redeem, and judgment creditors of the mortgagor have 3 months additional time from the sale within which to redeem. The old form of trust deed has been practically abolished by the act of March 5, 1894. A public trustee is now appointed in each county who must be named as trustee in every such trust deed. In case any other person be named trustee, the instrument is deemed a mortgage, and must be foreclosed the same as a mortgage. In case the public trustee be named, on default he sells the property as provided in the deed, after due advertisement; grantors and their creditors have the same right of redemption after sale as mortgagors.

Connecticut.-Mortgages may be foreclosed by equity proceedings, or by a decree of sale, at the discretion of the court. The mortgagor may redeem within a certain time thereafter fixed by the court, usually from 2 to 6 months. On motion of either party the land will be appraised by three disinterested persons, appointed by the court for the purpose, whose appraisal will be conclusive as to its value, and in any other action upon the mortgage debt the creditor can recover only the excess of the debt above such valuation. Trust deeds are rarely used. (See Book of Forms.)

Delaware.-A mortgage made by the purchaser to the vendor for securing the purchase money or any part thereof, upon being recorded within 30 days after the making thereof, shall have preference to any other lien, although such lien shall be prior in date. Upon foreclosure

of mortgages, there can be no redemption of the property.

District of Columbia.-Trust deeds are used to the exclusion of mortgages. They provide for sale by the trustee after advertisement published in a daily newspaper. There is no provision for

redemption from sales made by trustees. They are released by deed from the trustee.

Florida.-All instruments conveying or selling property executed to the creditor directly, or to some person for him, if intended to secure the payment of money, are deemed mortgages. They are foreclosed by a bill in equity in the circuit court, and no redemption is allowed.

Georgia.-Mortgages on realty are not much used in this state, except by corporations, because they are only a lien on property, and do not bar the right of dower. Deeds to secure debts are much preferred, because they pass title, which remains in the vendee until the debt is paid, and consequently bar all claims for dower, year's support, homestead, and the like. Mortgages on realty are foreclosed by petition to the superior court of the county where the land lies, and judgment may be rendered at the second term. In case of deeds to secure debts, the plaintiff simply sues his debt to judgment at common law, in the ordinary way, and then executes a deed of the land to the defendant, and files the same in the clerk's office of the superior court of the county where the land lies, and has it recorded, and then has a levy made on the land, as in case of an ordinary execution. He can purchase at the sale, and his lien is preferred above all other claims which have arisen after the making of his deed. (See Book of Forms.)

Idaho.-Mortgages are foreclosed by action in the district court. Trust deeds with power of sale may be used. Real property sold under decree of foreclosure of any encumbrances, or under execution upon a judgment, may be redeemed at any time time within 1 year from the time of sale by the judgment debtor or his successor in interest, or by any person holding a lien or encumbrance upon the property sold, by paying the amount for which the property was sold and 12 per cent. in addition, and all taxes or assessments which may have been paid by the purchaser subsequent to the sale. If no redemption be made within 1 year the purchaser is entitled to his deed absolute from the sheriff.

Illinois. -All mortgages may be foreclosed in equity, and 12 months from the date of the sale thereof are allowed to all defendants to redeem, and 15 months from the sale, to judgment creditors of the defendants. Mortgages may also be foreclosed by scire facias, but in practice this is seldom resorted to. Trust deeds are more commonly used than mortgages, but must be foreclosed in the

same manner.

Indian Territory.-The title to real estate in this territory is in some one of the several Indian tribes or nations; hence, there are no valid real-estate mortgages here, except in the Creek and Seminole nations. In the latter nations, town property may be mortgaged.