convicts to hire to labor any where within the state, as may be determined by the court of county commissioners, or boards of revenue.

SEC. 103. No woman convicted of a public offense shall be required to work as a laborer on any public highway in this state.

SEC. 104. Every contract for the hire of county convicts must express the kind of labor, and the place at which it is to be performed; and such convict must be restricted to such place and labor, which must not be changed except upon the recommendation of the court of county commissioners; and the county convicts can only be sublet or rehired in the same manner.

SEC. 105. Should the court of county commissioners or boards of revenue determine to let convicts, or any part of them, to hire, they may do so by themselves, or by some member of their body, or other person to be appointed by them.

ACT No. 534.-Convict labor.

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SEC. 3. * * Said board of road and revenue commissioners shall have authority to allow said overseer to use any or all prisoners confined in the county jail under sentence of hard labor for the county [Mobile], in working said roads. In case such prisoners are used for that purpose said overseer is not to warn out and work at the same time and on the same road the free hands apportioned to said road.

ARIZONA.

REVISED STATUTES OF 1887.

TITLE 4.-Exemption from garnishment-Wages.

SECTION 98. Earnings for personal services rendered at any time within thirty days next preceding the service of the writ shall not be subject to garnishment when it shall be made to appear by the affidavit of the debtor or otherwise that such earnings are necessary for the support of a family supported wholly or in part by his labor.

TITLE 27.-Exemption from execution, etc.—Personal property.

SEC. 1956. There shall be reserved to every family exempt from attachment and execution and every species of forced sale for the payment of debts, personal property not to exceed in value the sum of one thousand dollars.

SEC. 1962. The earnings of the debtor for his personal services for thirty days next preceding the date of the levy, when it shall be made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the use of a family, supported wholly or partly by his labor shall be exempt.

TITLE 30.-Conditional sales.

SEC. 2036 (as amended by act No. 12, acts of 1895). No contract for the loan or lease of any goods or chattels for a period of three months, and no contract for the sale of personal property by the terms of which the title is to remain in the vendor and the possession thereof in the vendee until the purchase price is paid or other conditions of sale complied with, shall be valid as against any other person than the parties thereto and those having notice thereof, unless such contract of sale or lease, as the case may be [shall be], in writing, subscribed by the parties thereto, and the same or a copy thereof filed and recorded in the office of the county recorder where said property is situated, or some part thereof, in the same manner as chattel mortgages are by law required to be filed and recorded.

TITLE 33.-Exemption from execution, etc.-Homesteads.

SEC. 2071. Every person who is the head of a family may hold as a homestead, exempt from execution and forced sale, real property to be selected by him or her not exceeding in value the sum of $4,000.00-four thousand dollars.

SEC. 2073. The claim of the homestead provided for in this act may be made by the husband, or by his wife, or by any unmarried person who is the head of a family, or by anyone having charge of the premises in behalf of the owner thereof, if such owner be entitled to claim a homestead.

SEC. 2085. Land other than that upon which the claimant resided may be held as a homestead.

TITLE 34.-Earnings of married women.

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SEC. 2101. The earnings * * of the wife and of her minor children in her custody while she has lived or may live separate and apart from her husband, shall also be the separate property of the wife.

TITLE 43.-Mechanics' liens.

SEC. 2258. Any person or firm, lumber dealer, artisan or mechanic, who may labor or furnish material, machinery, fixtures or tools to erect any house or improvement, or to alter or repair any building or improvement whatever, shall have a lien on such house, building, fixtures or improvements and shall also have a lien on the lot or lots or land necessarily connected therewith, to secure payment for labor done, lumber, material, machinery or fixtures and tools furnished for construction, alteration or repairs.

SEC. 2259 (as amended by act No. 49, acts of 1889). In order to fix and secure the lien herein provided for, the person, firm, contractor, mechanic, artisan or lumber dealer performing labor or furnishing material, shall have the right at any time within ninety days after the completion of such labor or the completion of the furnishing of such material, to file his contract or an itemized account duly verified before a notary public or other person qualified to administer oaths, in the office of the county recorder of the county in which such property is situated and cause the same to be recorded in a book to be kept by the county recorder for that purpose.

SEC. 2260. If the contract, order or agreement be verbal, a duplicate copy of the bill of particulars shall be made under oath. one to be delivered to the recorder to be filed and recorded as provided for written contracts, and the other to be furnished to the party owing the debt, or to his agent if to be found in the county where the property is situated. If neither the party owing the debt, or his agent can be found in the county, then the furnishing the copy to the party owing the debt or his agent may be dispensed with.

SEC. 2261. Both the contracts and accounts when filed and recorded as above provided shall be accompanied by a description of the lands, lots, houses and improvements made against which the lien is claimed.

SEC. 2262. When such contract or account is filed and recorded it shall be deemed sufficient diligence to secure the lien herein provided.

SEC. 2263 (as amended by act No. 49, acts of 1889). The lien herein provided, if in the county, shall extend to and include ten acres upon which such labor has been performed or upon which the houses or improvements are made, except in the case of repairs and improvements upon a homestead, in which case the lien shall lie against the improvements.

SEC. 2264. If in a city, town or village it shall extend to and include such lot or lots upon which such houses, fixtures or improvements are situated, or upon which such labor was performed.

SEC. 2265. The lien herein provided, for labor performed or material furnished shall extend to the land designated, and the person enforcing the same may have the lot or land and improvements sold together, or he may have the improvements alone, sold when the same can be done without material injury to the property beyond the value of the improvements.

SEC. 2269. The lien and contract mentioned in the preceding section, shall inure to the benefit of mechanics, artisans, laborers, and lumber dealers, and other material-men who shall have built, erected, altered, repaired, improved or furnished material for a homestead.

SEC. 2270 (as amended by act No. 47, acts of 1891). Every mechanic, lumber dealer, material man, mill man, artisan or other person doing and performing any work, or furnishing any material towards the erection, alteration, repairs, construction or completion of any building erected or improvement made under a contract between the owner of said building erected or improvements and the original contractors, whose demand for work and labor performed, or material furnished towards the completion of said building or improvement has not been paid, shall deliver to the owner of said building or improvements, or to his agent in charge, if to be found in the county, and if not, then to the county recorder of the proper county within sixty (60) days from the completion of such building or improvements, an attested account of the amount and value of the labor or material thus furnished remaining unpaid, and thereupon the owner may, for his own protection, retain out of the amount due, or to become due, such original contractors, if any, the amount of said labor or material furnished, as shown by said attested account, and such owner and the building and improvement and the

land upon which the same is situated shall be liable for the reasonable value of such labor done and material furnished, notwithstanding the fact that such owner may have taken from such original contractor a bond conditioned for the faithful performance of his contract, and that such building should be turned over free from incumbrances.

SEC. 2271. A compliance with the provisions of the preceding section, shall be sufficient diligence to fix the liability of the owner of such building or improvements for the payment of such demand, and to secure the lien on the building and improvements for the amount of such demand.

SEC. 2272. Whenever such an account shall be placed in the hands of such owner, or his authorized agent, it shall be the duty of such owner or his agent to furnish his contractor with a true copy of such attested account, and if said contractor shall not within ten days after the receipt of said copy give the owner written notice that he intends to dispute said claim, he shall be considered as assenting to the demand, which shall be paid by the owner, when it becomes due. SEC. 2273 (as amended by act No. 47, acts of 1891). In all cases where a lien shall be filed or notice given under the provisions of this act, by any person other than a contractor, it shall be the duty of the contractor to defend any action brought thereupon at his own expense; and during the pendency of such action the owner may withhold from the contractor the amount of money for which such lien shall be filed as aforesaid, and in case of judgment against the owner or his property, upon the lien, he shall be entitled to deduct from any amount due and to become due by him to the contractor as aforesaid, the amount of such judgment and costs, and if he shall have settled with the contractor in full, or if such an amount shall not be owing the contractor, such owner shall nevertheless be entitled to recover back from the contractor and his bondsmen the amount so paid by him, for which the contractor was originally the party liable.

SEC. 2274. All mechanics, laborers, and operatives, who may labor, and all persons who may furnish material, machinery, fixtures or tools in the construction or repair of any railroad, locomotive, car, or other equipment, or who may labor in the operating of a railroad, and to whom money or wages are due or owing for such labor or material, shall hereafter have a lien upon such railroad, and its equipment for such sums as are unpaid.

SEC. 2275. All persons who may labor or furnish material of any kind in the construction, alteration or repair of any canal, water-ditch, flume or aqueduct or reservoir, bridge, fence or other structure or improvement, and to whom money or wages are due, or owing therefor, shall hereafter have a lien upon the same for such sums as are unpaid.

SEC. 2276. All miners, laborers and others who may labor, and all persons who may furnish material of any kind, designed or used, in or upon any mine or mining claim, and to whom more wages are due for such labor or material, shall have a lien upon the same for such sums as are unpaid.

SEC. 2277. All persons who furnish material, or who labor upon any lot in any incorporated city, town or village, or fills in or otherwise improves the same, or the street in front of or adjoining the same at the request of the owner thereof, or his agent, shall have a lien on such lot for his material furnished and labor performed, and upon the buildings, structures and improvements thereon situated. SEC. 2278 (as amended by act No. 47, acts of 1891). All foundrymen, boiler makers, and all persons who labor or furnish machinery, boilers, castings, or other material for the construction, alteration, repairs, or carrying on of any mill, manufactory, or hoisting works at the request of the owner thereof, or his agent, shall have a lien on the same for the amount due him or them therefor. In case the hoist or mill upon or in which such labor was performed, is situate upon any property, not the property of the owner of such hoist or mill, the purchaser of such hoist or mill, at the sale of the foreclosure of such lien, shall have the right to remove the same within sixty days after such sale, whether such hoist or mill be a fixture or not. In case such hoist or mill is situated upon a mine or mining claim, or mill site, the property of the owner of such hoist or mill, such lien shall cover the surface ground not exceeding five acres upon which said hoist or mill is situate.

SEC. 2279 (as amended by act No. 68, acts of 1891). All persons who cut or cord wood, cut, saw or skid logs, cut, saw, hew or pile ties, at the request of the owner thereof or his agent, shall have a lien thereon for the amount due him for the labor performed.

SEC. 2280. The word agent as used in this act, shall be construed to include all contractors, subcontractors, architects, builders, and persons who have the charge or control of any mine, mining claim, canal, water-ditch, flume, aqueduct, reservoir, fence, bridge, mill, manufactory, hoisting works, or other property or thing upon which labor has been performed or material furnished.

SEC. 281. The liens provided for in this act are preferred to all liens, mortgages and other incumbrances which shall have attached upon the property, subsequent to the time when the labor was commenced or the materials commenced to be furnished. Also, to all liens mortgages and other incumbrances of which the lien holder had notice, either actual or constructive at the time he commenced the labor or commenced to furnish the material.

SEC. 2282 (as amended by act No. 49, acts of 1889). No lien created by this act shall continue for a longer period than six months after the filing thereof in the county recorder's office of the proper county unless suit is brought within such period in the proper court to enforce the same.

SEC. 2283. In suits to enforce liens, all lien holders interested may be joined as plaintiffs where their interests do not conflict, and in case of conflict of interest a part may be joined as plaintiffs and a part may be made defendants.

SEC. 2284. The assignee of any contract or account for material furnished or labor performed may attest, file, record and enforce the same as if he had been the original owner or holder thereof.

SEC. 2285. The procedure to enforce the lien provided in this act shall be the same as in other civil causes.

SEC. 2287. Every person who may furnish supplies or material or do repairs or labor for or on account of any domestic vessel owned in whole or in part in this Territory, shall have a lien on such vessel, her tackle, apparel, furniture and freight money for the payment of the same.

SEC. 2288. The provisions of the preceding section shall not be construed to alter or affect in any way the general law regulating liens of seamen on foreign vessels. SEC. 2291. Whenever any article, implement, utensil or vehicle shall be repaired with labor and material, or with labor and without furnishing material by any carpenter, mechanic, artisan or other workman in this Territory, such person is authorized to retain possession of the same until the amount due on same for repairing shall be fully paid.

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SEC. 2292. When possession of any of the property embraced in the [preceding sections] has continued for twenty days after the charges accrue, and the charges so due have not been paid, it shall be the duty of the person so holding such property to notify the owner, if in the county where the property is to come forward and pay the same, and on his failure within ten days after such notice has been given him to pay said charges, the holders of said property after five days' notice, may sell said property at public auction and apply the proceeds to the payment of said charges, and shall pay over the balance to the persons entitled to the

same.

SEC. 2293. If the owner's residence is not in the county where the property is, the holder of said property is not required to give the ten days' notice required in the preceding section before proceeding to sell.

SEC. 2296. Nothing in this act shall be construed or considered as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or by any statute of the Territory, or any other lien not treated of under this act.

TITLE 51.-Convict labor.

SEC. 2424. The board of commissioners shall lease from time to time as it can be done to advantage, convict labor, to be employed by the lessees in such manufacturing enterprises as the board may deem proper and under such rules and regulations as they may prescribe, but every corporation, firm or person leasing any of such convict labor shall employ the same within the prison walls and shall have the right to introduce machinery, tools, raw material and instructors necessary to the successful prosecution of their manufacturing business.

SEC. 2459. Persons confined in the county jail under a judgment of imprisonment rendered in a criminal action or proceeding may be required by an order of the board of supervisors to perform labor on the public works or ways in the county.

PENAL CODE OF 1887.

TITLE 13.-Railroads-Obstructing, injuring property of, etc.

SECTION 915 (as amended by act No. 63, acts of 1893). Every person who shall willfully or intentionally, without any legal excuse or justification therefor, either: 1. Remove, displace, destroy or injure in any way any part of any railroad, whether for steam or horse cars, electric cars or cable cars, or any track, roadbed, bridge, culvert, car or locomotive engine, depot, water tank, coal bin, turn table,

round house, machine shops or machinery, section house, telegraph wires or lines, telegraph poles, batteries or office fixtures for operating telegraph wires or lines, or any other property, real or personal, used in the operation of any railroad or switch, side track, viaduct or embankment, or

2. Place any obstruction upon the rails, track or road bed of any railroad, switch branch, side track or turn out, or

3. Who shall do any act with the intent or for the purpose of derailing any car, train or trains of cars, locomotive engine, or of obstructing the running or operation of any car, train, or trains of cars, or locomotive engines, or who shall in any wise attempt to prevent any car, train, or trains of cars, or locomotive engine from being run or operated,

4. Who shall without legal excuse or justification, prevent or in any wise attempt to prevent any telegraph despatches or orders for the movement or operation of railroad trains or cars or locomotive engines, from being sent or delivered or received, shall be punished as follows:

By imprisonment in a territorial prison for a period not exceeding five years, or in a county jail not less than six months, and in addition thereto the court or judge may in its or his discretion, impose a fine upon such person or persons, together with such imprisonment, in any sum not exceeding one thousand dollars.

ACTS OF 1889.

ACT No. 10.-Wages preferred-In assignments, executions, etc.

SECTION 1 (as amended by act No. 39, acts of 1893). In all assignments of property made by any person to trustees or assigns on account of the inability of such person at the time of his assignment, to pay his debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, clerks or laborers, employed by such person, to the amount of two hundred dollars each, and for services rendered within sixty days previous to any such assignment, are, and shall be, preferred claims, and shall be paid by such trustee, receiver or assignee, before any other creditor or creditors of such assignor. Provided, That such claims shall be filed with such trustee, receiver or assignor, duly verified by the oath of such creditor, or by some person for him, and notice of such filing be served in writing on such assignor, or on some one acting for him, within five days after the filing of the same, with such receiver, trustee, or assignee, or by filing with such trustee, receiver or assignee, said notice in writing for said assignor, and the leaving of said notice with said assignee, trustee or receiver, shall be deemed sufficient notice for such assignor.

SEC. 2. In case of the death of an employer the wages of each miner, mechanic, salesman, clerk, servant and laborer for services rendered within sixty days next preceding the death of the employer, not exceeding two hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate and the allowance to the widow and infant children, and must be paid before any other claims against the estate of the deceased person.

SEC. 3 (as amended by act No. 39, acts of 1893). In cases of execution, attachment and writs of similar nature, issued against any person, except for claims for labor done, and which are claiming protection under this act, any miners, mechanics, salesmen, servants and laborers who have claims against the defendant for labor done, may give notice of their claims, and the amount thereof, sworn to by the persons making the claim, or some one for them, to the creditor, defendant debtor, or to their agents or attorneys acting for them, and to the officer executing either of such writs, at any time within three days before the actual sale of the property levied on.

And such officer shall file such sworn statement with the clerk of the court in which the cause is pending, and unless such claim shall be disputed by such debtor or creditor before such sale, such officer shall pay such person out of the proceeds of such sale the amount each is entitled to receive for such services rendered within sixty days next preceding the levy of the writ, not exceeding the sum of two hundred dollars to each; and upon the failure of any such officer to do so, he shall forfeit to the claimant whom he refuses or fails to pay, the amount of his claim to be recovered by civil action at the suit of such claimant, and be respon ible therefor on his official bond.

If any of the claims so presented, and claiming preference under this section, are, or shall be disputed, either by the debtor or creditor, or any lien holder, the same must be done in writing before such sale, specifying the reasons for disputing the same, which written statement disputing any claim of lien shall be