for labor or material furnished, as stated in the preceding paragraph, or his assigns, may bring an action on said bond for the recovery of said indebtedness: Provided, that no action can be brought on said bond after six months from the completion of such public improvements or public buildings. 32 Sec. 1031. Lien for one who has performed labor for a railway company. Every mechanic, builder, artisan, workman, laborer or other person, who performs any work or labor upon, or who furnishes any materials, machinery, fixtures or other thing towards the equipment, or to facilitate the operation of any railroad, is given a lien therefor on the roadbed, buildings, equipments, income, franchises or other appurtenances of said railroad, superior and paramount, whether prior in time or not, to that of all persons interested in said railroad as managers, lessees, mortgagees, trustees and beneficiaries under trusts, or owners. 33 Sec. 1032. Limitation for actions to foreclose the lien provided for in preceding paragraph. The lien mentioned in the preceding paragraph will not be effectual unless suit be brought on the claim within one year after it accrued.34 Sec. 1033. Judgment and collection of lien. The said lien shall be mentioned in the judgment rendered for the claimant in an ordinary suit for the claim, and may be enforced by ordinary levy and sale under final or other process at law or equity.35 32 Snyder, 6,165; Wilson, 4,831. The report of the majority of the code commissioners was that the two foregoing sections of the statute do not appear in the enrolled bill, which are in corresponding sections of the Kansas statute, Secs. 4,747 Sec. 1034. The notice to be given. Provided, that a notice of ten days be given to the railroad of the existence of the claim or the intended lien which is contemplated in section 3964 shall have been given.36 Sec. 1035. Manner of obtaining lien upon leasehold for ma chinery, material and labor furnished for developing oil and gas wells. Any person, or corporation, or copartnership, who, under a contract, express or implied, with the owner of any leasehold for oil and gas purposes, or the owner of any gas pipe line or oil pipe line, or with the trustee of agent of such owner, performs labor or furnishes material, machinery and oil well supplies used in the digging, drilling, torpedoing, completing, operating or repairing of any oil or gas well, or furnishes any oil well supplies or performs any labor in constructing or putting together any of the machinery used in drilling, torpedoing, operating, completing or repairing of any gas well, will be given a lien on the whole of said leasehold or oil pipe line, or lease for oil and gas purpose, the buildings, and appurtenances, and upon the materials and supplies so furnished, and upon said oil and gas wells for which they were furnished, and upon all other oil wells, fixtures and appliances used in operating for oil and gas purposes upon the leasehold, for which such material and supplies were furnished or labor performed. Such lien will be preferred to all other liens or incumbrances which may attach to or upon said leasehold for gas or oil purposes, and upon any oil pipe line or gas pipe line, or such oil and gas wells, and the material and machinery so furnished and the leasehold for oil and gas purposes, and the fixtures and appliances thereon, subsequent to the commencement of, or furnishing or putting up of any such machinery or supplies.37 36 Snyder, 6,169. 37 Snyder, 6,170; act approved March 15, 1905. Sec. 1036. Subcontractor may obtain lien in same manner as contractor. Any person, corporation or copartnership, who furnishes such machinery, or supplies to a subcontractor, or under a contractor, or any person who performs such labor under a subcontract with a contractor, or as an artisan or day laborer in the employ of such contractor, performs any such labor, may obtain a lien upon said leasehold for gas and oil purposes, or any gas pipe line or any oil pipe line from the same tank and in the same manner and to the same extent as the original contractor for the amount due him for such labor as provided in the preceding paragraph of this chapter.38 Sec. 1037. The manner of enforcing such lien. The liens herein created are enforced in the same manner, and notices of same are to be given in the same manner, and the materialman's statement, or the lien of the laborer herein mentioned, must be filed in the same manner as provided for in this chapter, and all actions brought for the purpose of enforcing any such liens must be governed by this chapter.” In the chapter herein on sale of real estate under an execution, there will be found a full statement of the sale of real estate by an order of sale, and also under a writ, venditioni exponas, and also a statement of the law as to the appraisement of the real estate and as to the procedure from the time of the order of sale to the delivery of the deed to the purchaser. 38 Snyder, 6,171; act approved March 15, 1905. 39 Snyder, 6,671; act approved March 15, 1905. Sec. 1038. Procedure in the foreclosure of mechanic's lienThe form for petition foreclosing subcontractor's Comes now the plaintiff above named, and, for his cause of action against the defendants, alleges and states: of 1. FIRST CAUSE OF ACTION.-That on or about the 19, the defendant, day as owner, and the de and -, copartners, doing as contractors, entered into fendants, business under the name of a certain written contract and agreement for the erection and construction of certain improvements on the following described real property, to-wit: (Here specifically describe same); that the plaintiff is unable to attach a copy of said contract to this petition for the reason that the original and all copies thereof are in the possession of the defendants and they have failed and refused to deliver to this plaintiff a copy of said contract; that on or about the day of, 19, the plaintiff, as subcontractor, entered into an oral contract with the defendants, copartners, doing business and under the name of -, for certain lumber and other building material to be used in the erection and construction of said buildings on the above described premises, at the agreed price and reasonable value of $; that all of said lumber and other building material was furnished at the instance and request day of 19-; that there became the erection and construction of said buildings, in accordance with the terms of said contract, between the upon the defendants, and ; that certain leaving and, though copartners, doing business under the name of indebted to the plaintiff in the sum of $ credits were allowed, aggregating the sum of $ a balance due and unpaid in the sum of $ frequent demand has been made on the defendants, copartners, doing business under the name of and day of and the said for the payment thereof; that a true and correct itemized and verified statement of said account is hereto attached, made a part hereof and marked "Exhibit A," to which reference is hereafter made; that on the 19-, and within the time allowed by law for the making and filing of the same, the plaintiff, for the purpose of securing the payment of the balance due him on said subcontract for lumber and other building material furnished and used as aforesaid in the construction and erection of said buildings, filed in the office of the clerk of the district court of County, State of Oklahoma, a materialman's lien statement, duly verified by affidavit by his agent and manager, all as provided by law; that a true and correct copy of said lien statement, together with the exhibits attached as a part thereof, is hereto attached, marked "Exhibit A," and made a part hereof; that on the day of —, 19, plaintiff notified the defendant, as provided by law, of the filing of said lien statement, by serving upon it, through its proper agents and officers, a written notice, a true and correct copy of which is hereto attached, marked "Exhibit B," and made a part hereof. 2. SECOND CAUSE OF ACTION.-That the allegations and statements contained in the first paragraph of his first cause of action, plaintiff says are hereby made a part of the second cause of action, as fully and completely as if they were specifically |