signed the indenture, and execution be issued therefor accordingly; and if there be no parent or guardian liable for such costs, execution may be issued therefor against the minor, or the amount thereof may be recovered in an action against him after he shall arrive at full age; and any minor discharged as aforesaid may be bound out anew.

SEC. 4094. Parties to indenture liable to master, when.-The parties to such indentures shall also be liable to the master, in an action on the indenture, for the breach of any covenant on their part therein contained, committed before the master was so discharged from such indenture.

SEC. 4095. Apprentice, when liable.-If any such apprentice shall willfully absent himself from the service of his master, or shall run away, so that the master shall be deprived of his services during the remainder of the term, or any part thereof, for which he was bound to serve, or shall violate any of the stipulations in said indenture, the master may recover such damages as he has sustained thereby, in an action against such minor; provided, there is no other person liable in such indenture thereof.

SEC. 4096. Proceedings under discharge, etc..-When any apprentice, or master, shall be discharged from any indenture, in pursuance of the provisions of this chapter, and any sum of money shall have been paid or agreed for by either party on the execution of said indenture, the court may, at the time they discharge such person from the indenture, also order such sum of money, or any part thereof, as the equity of the case may require, to be refunded, if paid to him who advanced the same, or his personal representative; and if not paid, they may, by order, discharge the same, and direct any securities that may have been given therefor to be delivered up or canceled.

SEC. 4097. Penalty for enticing apprentice away.-Every person who shall counsel, persuade, entice or assist any apprentice to run away or absent himself from the service of his master, or to rebel against or assault his master, shall forfeit not less than twenty nor more than five hundred dollars, to be used for, and recovered, with costs, by such master, in any court having jurisdiction thereof.

SEC. 4098. For harboring.-Every person who shall entertain, harbor or conceal any apprentice, knowing such apprentice to be a run away, or to have absented himself from the service of his master without leave, shall forfeit one dollar for every day's entertainment, harboring or concealing, to be sued for and recovered, with costs, by such master, in any court having jurisdiction thereof.

SEC. 4099. Apprentices shall not be moved out of the State.-It shall not be lawful for any master to remove an apprentice out of this

State. Whenever any master of an apprentice shall wish to remove out of this State, or to quit his trade or business, he shall appear with his apprentice before the probate court of the proper county, and if the court be satsified the master has done justice to the said apprentice, for the time he has had charge of the same, such court shall have power to discharge such apprentice from the service of such master, and again bind him, if necessary, to some other person.

SEC. 4100. Provisions of this chapter, apply to whom.-The provisions of this chapter shall apply as well to mistresses, female guar dians, apprentices and wards, respectively, as to masters, male guardians, apprentices and wards.

SEC. 4101. Common law right not affected by this chapter.-Nothing contained in this chapter shall prevent or affect the right of a father, by the common law, to assign or contract for the service of his children for the term of their minority, or any part thereof.

LIENS OF CONTRACTORS, MEN AND LABORERS AGAINST RAILROADS.

SEC. 3200. Lien on railroads for work and labor and materials.All persons who shall do any work or labor in constructing or improving the road bed, rolling stock, station houses, depots, bridges or culverts of any railroad company, incorporated under the laws of this State, or owning or operating a railroad within this State, and all persons who shall furnish ties, fuel, bridges or materials to such railroad company, shall have, for the work done and labor performed, and for the materials furnished, a flien upon the road bed, station houses, depots, bridges, rolling stock, real estate and improvements of such railroad, upon complying with the provisions hereinafter mentioned; provided, such work and labor is performed, and such materials are furnished, under and in pursuance of a contract with such railroad company, its agents, contractors, sub contractors, lessees, trustees or construction company, organized for the uses and purposes of such railroad company, or having in charge the building, construction or improvement of such railroad or any part thereof.

SEC. 3201. Such lien to have precedence over other incumbrances.— The lien aforesaid shall attach to the buildings, erections, improve. ments, road-bed and property mentioned, from the date of the com. mencement of such work and labor, or from the time such materials were furnished or delivered, and shall be prior to all mortgages or incumbrances placed upon the property affected by this lien, subsequent to the passage of this article.

SEC. 3202. Lien to be filed with circuit clerk.-It shall be the duty of all persons claiming the benefit of such lien, within ninety days

next after the completion of the work, or after the materials were furnished, to file in the office of the circuit clerk of any county through which said railroad is located, a just and true account of the amount due, after all just credits have been given, which account shall state the amount claimed as due, the general nature of the work, amount of labor performed, or of materials furnished, the dates when the work was done, and when materials were furnished, and the place or places at which said labor and work was performed, or said materials were furnished, the name or names of the parties with whom the contract for said work or furnishing said material was made, and also the name of the railroad against which said lien is intended to apply; and it shall be the duty of all persons claiming said lien, within said ninety days, to serve a copy of the above account on the person or corporation owning or operating or having charge of said road or of the property to which said lien attaches.

SEC. 3203. Clerk to file abstract of lien.-It shall be the duty of the circuit clerk to indorse upon every account the date of its filing and make an abstract thereof, in a book by him to be kept for that purpose, and properly entered and indexed, containing the date of its filing, the name of the person seeking to enforce the lien, the amount claimed, and the name of the railroad against which the lien is filed; and it shall be the duty of circuit clerks in whose office such accounts and liens may be filed, within five days thereafter, to forward to the Secretary of State a true copy of said accounts and liens and judgments rendered thereon by the circuit courts in which the case has been tried.

SEC. 3204. Secretary of State to file lien in his office.-It shall be the duty of the Secretary of State to file in his office such accounts and liens, when received, and to prepare and keep in his office a book in which shall be entered an abstract of all accounts and liens filed as aforesaid, which abstract shall be so arranged and indexed as to show. in a convenient form, the names of all parties claiming liens, the amount claimed by each, the railroad to which same applies, the date of the filing, and it discharged, when the same was done.

SEC. 3205. Actions on liens to be brought in ninety days.-All actions under this article shall be commenced within ninety days after filing the lien, and prosecuted without unnecessary delay to final judg. ment; and no lien shall continue to exist, by virtue of the provisions of this article, for more than ninety days after the lien shall be filed, unless, within that time, an action shall be instituted thereon as hereinbefore prescribed.

SEC. 3206. Parties to suit, who shall be.-Any person or corporation owning or operating the railroad to which said liens may apply, shall, in each instance, be made a party defendant in all suits for enforcing said liens; but it shall not be necessary to make the party with whom the contract was made for doing the work and labor, or for furnishing of material, a party defendant in such suit; but such party or parties may, at the option of the plaintiff, be made parties defendant, in which case process may be awarded and served as other writs of summons in any county in this State.

SRC. 3207. Pleadings, etc., to be as in other civil cases.-The plead. ings, practice, process and other proceedings, in cases arising under this article, shall be the same as in ordinary civil actions and civil proceedings in circuit courts, except as herein otherwise provided; the petition, among other things, shall allege the facts necessary for securing a lien under this article, and a description of the property charged therewith.

SEC. 3208. Court may render judgment to amount claimed.-The court shall ascertain by fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted, and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interests and costs, although the creditor may have unintentionally failed to enter the full amount of credits in his account filed, to which the defendant may be entitled; but no personal judgment shall be rendered thereon except as against such defendants as might be sued thereon in an ordinary action at law.

SEE. 3209. Judgment by default.-Judgment by default shall be rendered against every defendant, who, after being summoned or notified, according to law, shall not appear and plead or answer within the time allowed in ordinary civil actions.

SEC. 3210. Judgment on constructive notice.-When the defendant has not been served with a summons according to law, and has not appeared, but has been lawfully notified by publication, the judgment, if for the plaintiff, shall be that he recover the amount of the indebtedness found to be due, and costs of suit, to be levied out of the property charged with the lien therefor, which said property shall be correctly described in said judgment.

SEC. 3211. Judgment on personal service.-When the defendant has been served with summons according to law, or appears to the action without service, the judgment, if for the plaintiff, shall be against such defendant, as in ordinary cases, with the addition, that if no sufficient property of the defendant can be found to satisfy such judgment

and costs of suit, then the residue thereof be levied, as provided in the next preceding section.

SEC. 3212. The plaintiff may have execution.-The execution to be issued, shall be a special fieri facias, and shall be in conformity with the judgment; and such writ shall be returnable as in ordinary executions, and the advertisement, sale and conveyance of real estate under the same shall be made as under ordinary executions.

SEC. 3213. Satisfaction to be entered, when and how.-Whenever any debt, which is a lien upon any building or other improvement, shall be paid and satisfied, the creditor, if required, shall acknowledge such satisfaction upon the records of the margin thereof, which satisfaction shall be certified by the clerk to the Secretary of State within ten days after the same has been entered upon the margin of the judgment of record in his office. And the clerks of the circuit courts and the Secretary of State shall receive, as full compensation for services performed by them, as is provided for under this chapter for mechanics" liens.

SEC. 3214. Parties refusing to satisfy, penalty.-If any creditor refuse to enter satisfaction within ten days after payment and request, as aforesaid, he shall be liable to any person injured to the amount of such injury and costs of suit.

SEC. 3215. Proceeds, when distributed pro rata.-In all cases where judgments have been rendered and a sale has been ordered, and the property sold to which said liens attach, the proceeds arising from such sale, if not sufficient to discharge all liens on which judgments. have been rendered before such sale shall be made, shall be distributed pro rata upon such judgments, as if the filing of the said liens had been all of the same date; and when such judgments have been, by such sales or otherwise, wholly or partially paid and satisfied, the clerks shall enter upon the records the amount or amounts so paid, with a correct description of the real property sold, and within the time and in like manner certify the same to the Secretary of State, as heretofore provided.

SEC. 3216, Sub contractors' lien.-In all cases arising under the provisions of this article, where notice of lien shall be filed by a subcontractor for work and labor performed, or materials furnished, such sub contractor, in case of suit brought to enforce lien, shall not be entitled to recover, as against the corporation or individual owning the property to which the lien applies, at any greater rate for the work and labor performed, or materials furnished, than was agreed upon between said corporation or individual and the original contractor for doing said work or furnishing the materials.