SEC. 3. [Suits.]—A woman may, while married, sue and be sued, in the same manner as if she were unmarried.

SEC. 4. [Business.]-Any married woman may carry on trade or business, and perform any labor or services on her sole and separate account; and the earnings of any married woman, from her trade, business, labor, or services, shall be her sole and separate property, and may be used and invested by her, in her own name.

SEC. 5. [Extra-state acquired rights.]-Any woman who shall have been married out of this state shall, if her husband afterwards becomes a resident of this state, enjoy all the rights as to property which she may have acquired by the laws of any other state, territory, or country, or which she may have acquired by virtue of any marriage contract or settlement made out of this state.

SEC. 6. [Marriage settlements.]-Nothing in this act contained shall invalidate any marriage settlement or contract now made, or to be made hereafter.

SEC. 7. [Ante-nuptial debts.]-The property of the husband shall not be liable for any debts contracted by the wife before marriage. [1877, § 1, 33.]

8

his debts. 11 Id. 249. On creditor's bill, defense that husband purchased property with funds of wife is good. Id. 330. Suit by wife on note against administrator; husband competent witness. 9 Id. 402. Where return to a summons against husband and wife shows that husband was served personally, but fails to show that wife was summoned, it will not support a judgment by default against wife. 24 Id. 136. Husband deeded to wife one-half interest in their homestead; the wife afterwards abandoned husband; Held, That husband was entitled to a reconveyance. 24 Id. 531. Wife competent witness against husband under indictment for adultery. 17 Id. 529. Wife has benefit of exemption when husband absconds. 10 Id. 118. Wife not liable as surety on husband's note. 10 Id. 86. Replevin by wife of property levied on as belonging to husband; evidence of wife as to how much money she had at marriage, and who worked farm that she claimed, and also of transfer of farm to her after recovery of judgment, Held, Admissible. 10 Id. 446. Common law in force. 6 Id. 264. Disability of wife being removed by statute of 1871, she no longer comes within protection of Sec. 602, code. 6 Id. 187. Notice to wife of equitable interest of third party in land conveyed to her, Held, Good. 9 Id. 427. Wife may sue alone for Injuries to her person. 7 Id. 486. Deed of wife not acknowledged is void. 5 Id. 176. Death of husband caused by Intoxication from liquor furnished by defendants; suit by wife for loss of means of support may be brought in her own name and those of her children. 9 Id. 314. 13 Id. 409, 432. On facts stated, Held, That wife of deceased partner was not liable in action for conversion of partnership property. 11 Id. 599. Judgment on facts stated. 15 Id. 349. Homestead claim of wife. 16 Id. 688. Mortgage by husband alone; second mortgage by husband and wife, foreclosed, sale had and confirmed, but proceeds insufficient to satisfy first mortgage, Held, That wife's right of dower was barred. 17 Id. 380. Wife who has not signed mortgage, if made defendant in foreclosure suit must assert her inchoate right of dower, or she will be barred by decree. 17 Id. 380. Where husband conveys real estate while wife is non-resident, she has no dower interest therein. 18 Id. 475. Conveyance by husband to defeat alimony. Id. 476, Liability of husband for libelous letter written by wife. 18 Id. 578. In action of replevin by wife for property levied on by execution against husband, there being no evidence of agency, Held, That certain statements of husband were inadmissible in evidence to sustain execution levied. 25 Id. 750. Instructions to jury relative to transactions between husband and wife, while correctly stating the law, Held, Properly refused, not being applicable to the evidence. Id. 749. Where wife rents a farm, manages planting, cultivation, and gathering of crops, paying for hired help, and paying rent, crops in her possession are her property and not liable for her husband's debts. Id. 755. Wife's separate estate not liable for medical services in case stated. 8 Neb. 359. Husband having furnished support, cannot after divorce on ground of invalidity of marriage, make same a charge on her separate estate. 13 Id. 90. Not liable for debts of husband since 1875. 14 Id. 264. See 21 Id. 158. 24 Id. 138. 25 Id. 658, 753. Wife may control; may sell, give away or mortgage it; wife bound as a feme sole on all contracts relative to her separate business or property. 4 Id. 315. Wife may give note. 5 Id. 245. 6 Id. 363. Wife not liable on note unless same is given upon faith and credit of her separate estate. 10 Id. 312. 8 Id. 269. Wife not liable on mortgage given to secure husband's note. 11 Id. 452. On facts stated, Held, The estate of wife was in equity bound for debt of husband secured by mortgage. 12 Id. 468. Husband listing wife's property in his own name not conclusive on question of ownership. 12 Id. 395. Property acquired by wife under facts stated, Held, Not liable for debts of husband. Id. Wife's property, Held, Liable for lien of mechanic. 31d. 452. A mortgage executed by a wife upon her separate estate, to secure a debt owning by the husband, for money embezzled by him. is not executed under duress, although done to prevent his being convicted and sent to the penitentiary. 15 Id. 651. Wife bound by covenant in deed. 17 Id. 666. In a power of attorney, the words. "it being intended to convey hereby all my right, title, and interest in and to the above described real estate," were to be construed as authority to the husband to convey the property of the wife. 24 Id. 259. 25 Id. 650. Wife executing deed in blank, delivering same to husband, who sells the property, fills blanks, and delivers deed to grantee, wife receiving consideration will thereby ratify sale and conveyance. 24 Id. 763. Possession of property of wife by husband; receiving by husband of money of wife, as agent or trustee, with the purpose of investing it in real estate in the name of the wife, would not be such reduction, if the investment were made prior to the existence of the indebtedness, to the satisfaction of which the property is sought to be appropriated. 17 Id. 353. Real estate purchased with money inherited by wife from estate of her father and placed in the hands of husband as agent for purpose of investing it in real estate in the name of and for the wife, will be held liable for separate debts of husband, where the money was invested in such real estate after the passage of the act of 1871 relative to the rights of married women, and before the existence of the indebtedness of the husband, for the satisfaction of which the property is sought to be applied. Id. Rights of wife in property belonging to her stated; husband not entitled to any compensation for services rendered for taking care of wife's separate property. 19 Id. 80. In action on note against married woman, Held, That as her non-liability can arise only from inability to enter into the contract, she must by answer show that such contract did not concern her separate property, trade or business. 20 Id. 456. Separate property of wife not subject to seizure upon final process against husband, even though in the management and use thereof husband was permitted to have charge of it, and same listed for taxation in his name. 25 Id. 155, Certain money in hands of garnishee, Held, Exempt at suit of wife. 25 Id. 658.

CHAPTER 54.-MECHANICS' AND LABORERS' LIENS.

ARTICLE 1.-MECHANICS' LIEN.

SECTION 1. [Who entitled to liens.]-Any person who shall perform. any labor, or furnish any material or machinery or fixtures for the erection, reparation or removal of any house, mill, manufactory or building or appurtenance by virtue of a contract or agreement expressed or implied with the owner thereof or his agents, shall have a lien to secure the payment of the same upon such house, mill, manufactory, building or appurtenance, and the lot of land upon which the same shall stand. [1885, chap. 62.]

SEC. 2. [How secured-Payment by owner.]-Any person or subcontractor who shall perform any labor for, or furnish any material or machinery or fixtures for any of the purposes mentioned in the first section of this act, to the contractor or any sub-contractor who shall desire to secure a lien upon any of the structures mentioned in said section, may file a sworn statement of the amount due him or them from such contractor or sub-contractor for such labor or material, machinery or

CHAP. 54. "An act to provide a lien for labor performed and material and machinery furnished for the erection, reparation or removal of any house, mill, manufactory or building or appurtenance." Laws 1885, chap. 62. Act is constitutional. 17 Neb. 390. Lien exists only by virtue of statute; statute liberally construed. 4 Id. 59. Lien secured by provisions of section 2, chap. 59, of the Laws of 1881. does not depend upon the terms of a contract or agreement expressed or implied with owner of such house, etc., or his agent mentioned in first section of said act. 24 Id. 121. The above named act, Held, Not to to be in derogation of the provisions of the constitution of the United States, which prohibits the several states from passing "any law impairing the obligation of contracts," by reason of its provisions being construed to apply to buildings already under contract at the time of taking effect of said act, so as to give a lien thereon for all labor, skill, and material furnished after taking effect of said act. Id. Is assignable. 4 Id. 57. Mere inchoate right to mechanic's lien not assignable; lien passes with assignment of debt only where it has been perfected under statute. 21 Id. 462. Does not apply to public buildings. 2 Id. 6. 3 Id. 405. No valid claim exists in favor of sub-contractor if building is not subject to lien. Id. On property of married woman under contract with husband, wife giving directions, etc.; lien, Held, Good. 3 Id 452. 13 Id. 522. Lien perfected by filing statement of amount due with county clerk within sixty days from time of furnishing material. 21 Id. 147. All payments within sixty days, by owner of building to original contractor, will be at his own risk; and as against one furnishing material for construction of building, the fact that original contractor is indebted to owner will not prevent material man from enforcing his lien for such material against such building and lɔt on which it stands. Id. Where a mechanic enters into a contract to erect buildings for specified sum, the contract being entire, he need not make a detailed statement of his labor and materials, but the entire job may be set down as a single item. 16 Id. 156. Purchaser of lots liable to claim of. Id. 156. Apportionment of lien between two owners; delivery of material at different dates is but one delivery; apportionment of payments made by contractor. 17 Id. 398. The lien of a material man for materials furnished for the erection of a building under an agreement with the contractor extends only to such materials as were used in or delivered at the building fer use therein. 17 Id. 633, 635. Certain clause in contract for erection of grain elevator, Held, Not a waiver of right to. 15 Id. 37. Oath to account for, may be made by agent. Id. 38. Lumber or other building material, sold on general account, without regard to any particular building. Id. 37. Vendor may have, when Id. 38. The right of a material man under the mechanic's lien law to money going to a contractor, is superior to that of an ord nary creditor under proceedings in garnishment. 15 Id. 85. Failure to attest account for; waiver. Id. Does not exist until statute complied with; prior thereto mechanic has no such interest in the real estate as would require a elinquishment in writing under the statute of frauds. 19 Id. 406. Under facts stated, Held, That lumber was for nished at the date of the notification of the lumber dealer by the contractor that he had used said "lumber in the building, and to charge it up." 19 Id. 733. Account of balance due, Held, Sufficient. 15 Id. 639. Doe not exist so as to entitle party to redeem mortgage, etc. 1 Id. 427. Refusal of sub-contractor to finish his job u ader original contractor who had failed: evidence showing that owner had thereupon employed sub-contracter to complete the work under his direction; foreclosure of lien sustained. 251d. 488. Affidavit describing improve.nent as situated on "southwest corner" of a specified lot and block is sufficient. 22 Id. 129. Affidavit describing ore land than is subject to lien not fatal. Id. 130. Where affidavit alleged that lumber was sold to A for B, owrer of the property, and it was shown upon trial that material was furnished for express purpose of making; an improvement upon the property of B, these facts will support a finding that the material was sold upon a contract, to be used in the improvement named. 1d. 130. Affidavit for examined and, Held, Sufficient. 22 Id 659. Party who has sold premises is not necessary party to foreclosure of; lien not lost if mechanic fail to file copy of contract, where he is prevented from doing so by wrongful act of owner of premises. 3 Id. 451. Petition to foreclose, Held, Good. 11 Id. 387. Buildings erected on adjoining lots under an entire contract are liable to, and in action to foreclose the cost and expenses will be apportioned among the lots according to the value of labor and material expended on each. 16 Id. 156. Petition may be amended and new parties brought in after the expiration of two years from time lien accrued. Id. 641. Foreclosure; case stated and remanded to district court to adjust equities between parties. 8 Id. 629. Relief sought does not constitute separate cause of action. 11 Id. 396. While owner of building is liable to material men and laborers for material furnished or labor performed for contract on such building, yet, as a different rule prevails for asserting such lien, owner may plead as a defense that labor or material was furnished to contractor and that no lien has been obtained, 22 Id. 686. Evidence examined and decree of court below, refusing lien, affirmed. 22 Id. 203. Answer consisting of general denial is a denial of the allegations of the sale of the material and the ownership of the real estate upon which the lien is sought to be established and the burden of proof is upon plaintiff. 20 Id. 164. Party not entitled to jury trial. 15 Id. 437. Jurisdiction, service of summons necessary. 9 Id. 536. Stay of execution not granted on mere request: bond must be given. 10 Id. 589. In case stated petition examined and, Held, To state a cause of action. 25 Id. 90. Actual application of materials immaterial; material furnished sub-contractor to build shanty for workmen. 33 Id., 29. Lien lies though notes given in payment. 28 Id., 91. Owner cannot be sued till time to file liens expires. Damages offset to lien. 30 Id.. 728. Priority with vendor's lien. 28 Neb., 8. Id.. 718, 728. 31 Id., 585. With grantee of deed intended as mortgage. 35 Id., 11. Infant's property not subject to lien. 53 N. W. R., 1039. Wind. mill, pump, etc., are appurtenances. 32 1d., 19. Oath by foreign notary. Id., 19. When suit may be begun. 53 N. W. R., 1025. Material man's lien, because materials used in building. 33 Neb., 240.

fixtures, together with a description of the land upon which the same were done or used within sixty days from the performing of such labor or furnishing such material, machinery or fixtures, with the register of deeds of the county wherein said land is situated, and if the contractor does not pay such person or sub-contractor for the same, such sub-contractor or person shall have a lien for the amount due for such labor or material, machinery and fixtures, on such lot or lots and the improvements thereon, from the same time and in the same manner as such original contractor, and the risk of all payments made to the original contractor shall be upon the owner until the expiration of the sixty days herein before specified. And no owner shall be liable to any action by the contractor until the expiration of said sixty days, and such owner may pay such sub-contractor or person the amount due him from such contractor for such labor and material, machinery and fixtures, and the amount so paid shall be held and deemed a payment of such amount to the original contractor. And in cases when a dispute arises between the contractor and his journeyman, or other persons for work done or material furnished, the owner may retain the amount claimed by said sub-contractor, or journeyman, or laborer until the dispute has been settled by arbitration or otherwise. sworn statement and claim of lien shall be by such register of deeds recorded in the saine manner as other liens provided for by this chapter, and such lien shall remain in force for the same length of time as other liens provided for in this chapter. [Amended 1887, Chap. 30.]

Said

SEC. 3. [Proceedings to secure.]-Any person entitled to a lien under this chapter shall make an account in writing of the items of labor, skill, machinery, or material furnished, or either of them as the case may be, and after making oath thereto shall, within four months of the time of performing such labor and skill, or furnishing such machinery or material, file the same in the office of the register of deeds of the county of which such labor, skill, and materials shall have been furnished, which account so made and filed shall be recorded in a separate book to be provided by the register of deeds for that purpose, and shall from the commencement of such labor or the furnishing such materials for two (2) years after the filing of such lien operate as a lien on the several descriptions of such structures and buildings and the lots on which they stand, as in the first section of this chapter named. When any labor has been done or materials furnished as provided on a written contract, the same or a copy thereof shall be filed with the account herein required. And if any promissory note shall have been taken for any such labor or materials it shall be sufficient to secure the lien provided for in sections one and two hereof, to file in the office of the register of deeds a copy of such note within the time aforesaid, together with a sworn statement that the sum for which said note was given, or any part thereof, is due for labor and material used for the purpose herein before mentioned, giving in such statement the items of such labor and material, and such lien shall be for the amount so shown to be due for such labor and material, with interest at the rate specified in said note, Provided, Nothing herein contained shall be taken to prevent the ascertainment by proceedings at law, or otherwise, of the amount actually due for such labor and material, and such lien shall be for no larger sum than the amount actually due therefor. [Amended 1887, Chap. 30.]

SEC. 4. [Judgment on account.]-Every person holding any lien under this chapter may proceed to obtain a judgment for the amount of his account thereon by civil action. And when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit be finally determined and satisfied.

SEC. 5. [Completion of building by workmen.]—When the owner or owners of any house or building, or his or their agent, as described in this chapter, shall suspend its progress or completion without the consent of such laborers, mechanics, or furnishers, or if the progress or completion of the same be suspended by the decease of the owner or owners at a stage when from its unfinished state such structure

SEO. 4. See 5 Neb. 410.

would go to waste, the laborers, mechanics, and furnishers thereto, or any of them, may at their election, proceed with the same at their own cost, so far as to enclose such building, and thereby prevent such waste, provided such work so done after such suspension shall be according to the contract and plan of the owner or owners.

SEC. 6. [Defective title-Lease.]-If the person or persons who may erect, as owner or owners, any building described in first section of this chapter, be not, at the suspension or completion of the same, possessed of a legal but equitable title to the ground on which the same is erected (if the same be a fixture), and the fact of such de fect of title be made to appear to the court before any judgment or judgments under this chapter may have been obtained, or if the same be returned by any legal officer to whom any execution under this chapter shall be directed, in either case the court shall direct the officer who has returned or is authorized by law to serve such executions, to rent or lease such buildings until the rents or issues thereof shall pay and satisfy the several liens on which judgments may be had against the same; Provided, This law shall not be so construed as to interfere with prior bona fide liens, on grounds on which such buildings shall be erected as a fixture.

SEC. 7. [Lease of premises by order of court.]-In all other cases c judgment or judgments obtained in favor of any lien holder or lien holders, if the property bound by such lien will not sell on execution as provided by law in other case having been once duly offered, the court before whom such judgment or judgments ma be obtained may direct the officer aforesaid to lease the same in the same manner and for the same purpose pointed out in the preceding section, and the officer giving such lease shall therein require the payment to be made to him or his successors in office, which said successor or successors shall have the same power and perform the same duties therein as the maker of the lease should or could do; and in cases where the money may be collected by said officer on a lease made, it, under this chapter, shall be his duty to forthwith pay the same into the court where the judgment or judgments were obtained, which money shall be distributed to the several lien holders interested in said judgment, in proportion to their several demands.

SEC. 8. [Lien how discharged.]—All liens may be discharged by the pay. ment of debt or judgment with all legal costs before the property on which liens attach be sold or leased under this chapter, and if any lien holder or lien holders, after the same be duly tendered him or them, shall proceed at law or shall refuse to give a due discharge from such lien, then such lien holder or holders shall forfeit all liens and pay all cost.

SEC. 9. [Owner beyond process.]-If the owner or owners of the property which is subject to a lien under this chapter be without the reach of process, or resident without the state, any lien holders may proceed by attachment against the same as in other cases, and the court before whom such attachment is pending on the entry of judg ment, on return of the proper officer, shall have the same power to order a lease as is given in the seventh (7) and eighth (8) sections of this chapter.

SEC. 10. [Rights of executors.]-Executors and administrators under this chapter shall have the same rights and be subject to the same liabilities that their testators or intestate would or might have if living.

SEC. 11. [Fees of county clerk.]-The county clerks, for filing and recording contracts and accounts under this chapter, shall be paid the same fees that they are legally entitled to in other cases, and the cost of filing and recording such statement or contracts and accounts shall be recovered as part of the costs of enforcing the lien, unless the court shall otherwise order.

SEC. 12. [Release of lien-Penalty.]—Each and every person in favor of whom any such lien has existed after having received satisfaction of his debt, or after final judgment against him by a competent tribunal, showing that nothing is due by

SEC. 7. If a party is prevented from making the account by the wrongful act of th, one for whom the labor is performed, he will not lose his lien. 3 Neb., 451. SEC. 12. Lien not lost by taking note or security. 33 Neb., 376.

reason of such claims, shall, at the request of any person interested in the property on which the same was a lien, or who is interested in having the lien removed, or if his or their legal representatives lodge a certificate with said clerk that said debt is satisfied and said lien removed, which said certificate shall be filed and recorded by the clerk on the margin of the record in the same manner that releases of mortgages are now by law required to be recorded, and when so recorded shall forever discharge and release said lien, and if such person, having received such satisfaction as aforesaid, by himself or attorney, or judgment having been rendered against him as aforesaid, shall not, within ten days after request in writing, lodge a notice in writing with the clerk, as is prescribed in this section, he or they neglecting or refusing to do so shall forfeit and pay to the party or parties so agreed any sum of money not exceeding one-half the debt claimed as a lien on such property according to the circumstances of the case, to be recovered by civil action, and the party lodging such certificate shall pay to the county clerk the costs of filing and recording the same.

SEC. 13. [Insurance.]-Any lien holder under this chapter who may deem himself in danger of loss or damage by fire, may notify in writing the owner or agent of property subject to such lien to insure the same in reasonable amount against such loss or damage; and if he shall fail or refuse to do so for the space of ten days, then the person or persons having such lien or liens may insure such property in an amount not to exceed two-thirds of the total amount of their liens, and may recover such proportion of the premium paid therefor, as the court shall deem just and proper as part of the costs of enforcing such lien.

SEC. 14. [Remedy not exclusive.]-Any person who shall hold a lien under the provisions of this chapter may, in addition to the remedy herein provided for, proceed by a petition in chancery as in other cases of liens against the owner or owners of, and all other persons interested, either as lien holders or otherwise, in any such house, mill or manufactory, or other building or appurtenance, in the first section of this chapter mentioned, and the lot or lots of land, on which the same shall stand, and obtain such final decree therein for the rent or sale thereof, as justice and equity may require, anything in this chapter to the contrary notwithstanding.

SEC. 15. [Repealed chap. 42, G. S. 466, and all other acts and parts of acts in conflict with this act.]

ARTICLE II.-LABORERS' LIEN.

SECTION 1. [Liability of company-Notice of claim.]—That whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons who are or any company which is a contractor on such railroad, canal, viaduct, or bridge, or against any person or persons who are sub-contractors with any person or persons or company contracting with any such railroad, bridge, viaduct or ditching company for the construction of any part of such railroad, bridge, canal, viaduct or ditch of any such company, every such railroad, canal, bridge or ditch company shall be liable to pay such laborer the amount of such claim or demand with ten per cent. interest thereon; Provided, Such laborer shall have given notice within sixty days after the last item of labor shall have been performed, that he or she has such claim or demand. Such notice shall be given in writing and shall specify the peculiar nature

SEC. 14. In an action to foreclose a lien it being alleged that M, out of material furnished by plaintiff erected the building on a lot belonging to L., held by M. under lease, where no summons was served on M., Held, The court had no jurisdiction to render a judgment against L. & M. and ordering a sale of the premises. 9 Neb. 536. A person who has sold his interest in the premises is not a necessary party to the foreclosure. 3 Neb. 450.

ART. II. "An act to make railroad, canal, bridge, and ditching companies, and companies and persons responsible for material furnished and labor performed in the construction, repair, or improvement of any such works, and to secure the laborer and material man a lien for his material furnished and labor performed." Approved March 3. Took effect June 1, 1881. Is constitutional.