have a lien upon such material for the amount due for such labor or services, which lien shall take precedence of all other claims, liens or incumbrances thereon or sales thereof, whether such claims, liens, incumbrances or sales are made, created or accrue before or after the time of doing such work, labor or services.

Cook's lien.-All persons performing any labor or services by cooking or manufacturing food for men while they are performing labor or services upon any property mentioned above (in Section VII) at the request of the person employing the men for whom such food is cooked or manufactured, shall be deemed to have performed labor or services upon such property and shall have the right of lien therefor the same as the men for whom such food was cooked or manufactured. The right of lien given upon such property shall survive any change in the nature thereof by reason of any process of manufacturing, and all persons who may claim such right under the provision of this chapter shall have the right of lien upon the manufactured product as though the labor had been performed directly upon the same.

Petition for lien; how, when and where filed.-No debt or demand for such labor or services shall become a lien upon the materials mentioned in the preceding sections unless a petition therefor in writing shall be made and signed by the claimant and verified by him or some one in his behalf, under oath, setting forth the nature of the debt or demand for which the lien is claimed, the amount claimed to be due, a description of the property upon which the lien is claimed and an averment that the petitioner claims a lien thereon pursuant to law. Such petition shall be filed in the office of the clerk of the circuit court of the county in which such labor or services or some part thereof were done or performed. If the labor or services for which such lien is claimed be performed between the first day of November and the first day of May following, or if such labor or services be commenced on a day prior to the first day of November and be continuous to a day between that and the first day of May, the petition for a lien shall be filed on or before the first day of June next thereafter; and if such labor or services shall have been done or performed after the first day of May and shall terminate before the first day of November, or if the doing or performing of such labor or services shall be continu

ous from the first day of November or a day prior thereto to a date beyond the first day of May following, and in all other cases the petition for a lien shall be filed within thirty days after the last day of doing or performing such labor or services, and such labor or services shall be deemed continuous notwithstanding a change of ownership in the property on which such lien is claimed.

Claims, time checks and orders assignable.—When more than one person has a claim for a lien upon the same property, any person having such a claim may have assigned to him in writing the debt or claim of the other, subject to setoffs to said claim against the original owner, and may file a petition for his own lien and for the claims for liens so assigned to him and bring an action to enforce the same in his own name; but such petition shall allege such assignment. Any time check or time order signed and given by any employer to any employe for performing any labor or services or any claim therefor for which a lien is given as specified in the first paragraph of this section shall be assignable, and the assignment thereof shall give the assignee all the right to a lien and to the enforcement thereof which the assignor might have exercised but for such assignment.

Every company incorporated for the improvement of rivers and streams whose charter authorizes it to collect tolls on logs, lumber or timber for such improvements or for any other work done on or about the same, shall have a lien thereon.

LIENS UPON REAL PROPERTY.

SECTION VIII.

LIENS OF PRINCIPAL CONTRACTORS; FOR WHAT GIVEN; WHAT PROPERTY SUBJECT TO; PRIORITIES; LIABILITY TO ASSIGNEE; GARNISHMENT;

LANDLORD AND TENANT, ETC.

Every person who, and firm, corporation or association which, as principal contractor, architect, civil engineer or surveyor performs or procures to be performed any work or labor, furnishes any materials or prepares any plans, specifications or estimates:

1. For or in or about the erection construction, repair, protection or removal of any dwelling house, building or ap

purtenance thereto, structure, bridge, wharf, dock, pier, fence, wall or screen, or other permanent erection or any machinery so erected or constructed as to be or become a part of the freehold upon which it is situated;

2. In or about the improving or equipping of any house or building with chandeliers, brackets, wires, pipes or appurtenances for supplying gas, electric or other light, water or heat;

3. In the dredging, digging, excavating, constructing, or equipping any channel, well, cellar, vault, fountain, fishpond, trench or tunnel;

4. In the filling, dredging, improving, digging, driving, or removing piles in any water or water-course, any waterlot, meadow, marsh, swamp or other low lands:

5. In the making or repairing any walk, sidewalk, crosswalk, curbing or apron;

6. In grading, graveling, leveling, or otherwise constructing or repairing any street, alley, roadway or gutter upon land, irrespective of any easement on or over said land;

7. Or in setting out or planting any hedge, or fruit or ornamental trees;

Shall have a lien thereupon and upon the interest of the owner of any such building, machinery or other structure or work of any kind herein mentioned, or of the interest of the person causing such work or labor to be done, or such materials, plans, specifications or estimates, to be furnished in and to the land upon which the same is situated, not exceeding forty acres, or if within the limits of a city or incorporated village, upon the piece or parcel of land designed for use in connection with such house, building, machinery, structure, or other such work, not exceeding one acre. Such lien shall be prior to any other lien which originates subsequent to the commencement of the construction, repairs, removal or work aforesaid of or upon such dwelling house, building, machinery, structure or work; shall also be prior to any unrecorded mortgage given before the commencement of such construction, repairs, removal or work, of which mortgage the person claiming the lien has no notice, and shall also attach to and be a lien upon the real property of any person upon whose premises such improvements are made, such owner having knowledge thereof and consenting thereto, and may be enforced as provided in this chapter. In case any

person shall order or contract for the purchase of any machinery to be placed in or connected to or with any building or premises, and such person shall not have an interest in such building or premises in or connected with which such machinery is placed sufficient for a lien, as provided for in this chapter, to secure payment for said machinery the person furnishing the same shall have and retain a lien upon such machinery and have the right to remove from such building or premises such machinery, in case there shall be default in making payment therefor when due, leaving such building or premises in as good condition as before such machinery was placed in or on the same.

Every person who, as principal contractor, does or causes or procures to be done any manual labor on land, for the purpose of preparing such land for use as such, shall have have a like lien upon such land, subject to the same provisions and attaching to the same interest as the lien hereinbefore provided for. And whenever the doing of any of such manual labor shall consist of the building of a continuous roadbed, structure or plant designed or intended for use as, or as part of, a single thing, and such roadbed, structure or plant is not limited in extent to one acre of land in or partly in a city or incorporated village or to forty acres of land wholly or partly outside the same, but extends over and across more than one acre, wholly or partly within such city or village, or more than forty acres, whether within or without or partly within and partly without such city or village, then and in every such case the limitation to one acre or forty acres, as the case may be, shall not apply, but the party entitled shall have a lien upon all the interests of the owner in and to the whole of said continuous roadbed, structure or plant and the whole of his land upon which the same is constructed, or which is intended to be used or is used for the purpose of such roadbed, structure or plant; and the claimant may make and file a single petition for a lien on all the same, which petition or a copy thereof shall be filed in the office of the clerk of the circuit court of each county in which such roadbed, structure or plant is situate or partly situate, and such lien may be foreclosed or enforced in the circuit court of any of the said counties in which the said claim or petition is so filed, and in the enforcement thereof the said roadbed, structure or plant, if sold, shall be sold as one continuous single

thing. And whenever the doing of any work or labor or the furnishing of any material for which a lien is given by this section shall consist of the grading, filling or levelling of land, or the grading, graveling or making of any street, alley, roadway or gutter thereon or thereover, where such land is situated within the limits of a city or incorporated village and said material is furnished or said work done upon more than one acre under a contract for the improvement of more than one acre, in the manner aforesaid, then and in every such case the limitation to one acre shall not apply, but the party entitled shall have a lien on all the land upon which said work is done or for the improvement of which said material is furnished, and may make and file a single petition or claim for a lien on all of the same; provided, that the lien given for grading, filling or leveling land, or grading, graveling or making any street, alley, roadway or gutter thereon or thereover shall not exist when such work is done or the material necessary for the doing of the same is furnished under contract with or by direction of any city or village. This section shall not be construed as giving a lien upon the interests of any owner in land where the work or labor is done, or material is furnished, or plans or specifications or estimates are prepared at the request of any person holding such land under any contract of lease, demise, or contract for the sale thereof, with such owner, unless there shall also be an express agreement between such owner and the person doing such work or labor or furnishing such material, or preparing such plans, specifications or estimates whereby such owner has agreed to pay for or become responsible for the payment of the same, but such lien shall affect the interests only of the person holding the land under such contract of lease, demise or sale.

An assignment of his claim or right to a lien or any part thereof, by the contractor or garnishment by his creditor shall not operate to compel the owner to pay the assignee or creditor until the claims of subcontractors and employes under the next section shall either have matured by notice or expired by lapse of time. If claims under the next section become liens, the owner shall be compelled to pay such assignee or creditor only what may remain due in addition to such liens.

Subcontractor's and laborer's liens; contractor to de