estate, right or interest in lands, which I may acquire after the date of this Will -as long as she shall remain unmarried, and my widow; but on her decease or marriage, the remainder thereof I give and devise to my said children, and their heirs, respectively to be divided in equal shares between them.* Fifth. I ordain and appoint my brother, R. B., as executor of this my last Will and Testament. In testimony whereof, I have hereunto set my hand and seal, and publish and declare this to be my last Will and Testament in the presence of the witnesses named below, this in the year day of Signed, sealed, published and declared by the said A. B., as and for his last Will and Testament in presence of us, who in his presence, and in the presence of each other, and at his request have hereunto subscribed our names as witnesses. L. M. O. P. G. H. If the Will be signed by a third person for the testator, the attestation should be thus: Signed by the said E. F. in our presence and in the presence of the said A. B. and by his express direction, and by the said A. B. at the same time published and declared as his last will and testament, in the presence of the said E. F. and of us, who each in the presence of the other, and of the said A. B. and of the said E. F. have hereunto set our hands as subscribing witnesses. The manner of signing and attesting Wills in New England and many of the States, is similar to the above. In New York, it is as follows: The above instrument was now here subscribed by A. B., the testator, in the presence of each of us, and was at the same time declared by him to be his last Will and Testament: and we, at his request, and in his presence, sign our names thereto, as attesting witnesses. WHEREAS, by my last will and testament, dated the day of 18, I gave to my daughter J. W., [here mention the legacy.] I do hereby, by this present writing, which I declare to be a Codicil to my said Will, revoke the said legacy, and give and bequeath the same to my son S. W, Jr. I also give and bequeath to my nephew G. E. the sum of· and to my niece H. E. the And I hereby ratify and confirm my aforesaid Will in all respects, except so far as changed or altered by this Codicil. In testimony whereof, &c., [same as will.] sum of A. B. [L. S] Signed, sealed, published and declared by the said A. B. as a Codicil to his, &c. [same as will.] * If a testator in his Will makes provision for his wife, declaring the same to be instead of dower, the wife may have her election (within a specified time-in Massachusetts it is six months) to accept the provisions of the Will, or claim her dower at law, but she cannot have both. If the provisions in the Will are not declared to be instead of dower, she will hold both. LABORER'S LIEN LAW. 67 LIEN OF MECHANICS. LIEN, signifies a claim or right annexed to, or attached upon any property, which a person has in his custody or possession belonging to another, for any demand due from the party who is the proprietor of such property. Laborer's Lien Law in Massachusetts, 1851 -Any person who shall actually perform labor in erecting, repairing, or altering any building by virtue of any contract with the owner, or other person who has contracted with the owner, shall have a lien on such building and land, to secure the payment of his wages, if within sixty days after such labor is performed, he file in the Registry of Deeds a certificate containing a just and true account of the demand justly due to him, after all just credits given, which is to be a lien on such land and building, and a true description of the property, with the name of the owner, or contractor, or both, if known, which shall be subscribed and sworn to by himself, or some credible person in his behalf, which certificate shall be recorded by the register of deeds. Lien is dissolved unless suit is commenced within 70 days after the time when such labor is performed. Such lien may be enforced by petition to the court of common pleas, in the manner provided for by the fifth and subsequent sections of the 117th chapter of the Revised Statutes. When such debt is fully paid, the creditor at the expense of the debtor shall enter a discharge of the same on the margin of the registry, or execute a dead of release. A Lien on Ships and Vessels is allowed for labor performed, or materials used in construction or repairs, or for provisions, stores or other articles; and such lien will cease in twenty days after the departure of such vessel from the port where the debt is contracted, or immediately after her arrival at any port out of this Commonwealth. In the State of Maine, all persons furnishing materials, or labor, in building or repairing a vessel, may secure a lien by attachment within four days after said vessel is launched or repaired. And a lien on a house, or other building, can be secured by attachment within ninety days from the time the payment for such labor or materials became due New Hampshire. The lien law is similar to Maine Connecticut. A claim for more than $200.00, for erecting, or repairing a building, is a lien on the land and building. A claim of a sub-contractor for the amount of $50.00, or more, is a lien upon the house and land, provided the contract between the sub-contractor and original contractor was in writing, and the other party to such original contract shall in writing, consent to such sub-contract. No debt, as above, can remain a lien longer than sixty days after the building is finished, unless a certificate in writing, describing the premises and the amount claimed, is lodged with the town clerk, to be recorded after first having been subscribed and sworn to, as the amount justly due as near as can be ascertained. New York. The contractor, laborer, or a furnisher of materials in building a house, &c, must file, in the office of the clerk of the county, a copy of his contract, but if he have no written contract, he will file the specification of the work or materials, with the prices agreed on, and within twenty days after the contract, or commencement of the labor, &c., he will give notice thereof personally to the owner, or his agent The lien will continue one year from the filing or serving of notice. Certificate for Work or Labor.-To be Recorded. I, A. B. of —, do hereby claim to have a lien upon the estate situated [here describe the premises]; to secure the payment of dollars cents, being the amount of wages due me in my own right, after deducting all just credits, for work done and performed in building (altering or repairing, as the case may be] said premises, according to the following bill: (Here insert the Bill.) C. D. of, is the owner of said premises, and E. F. of ―, the contractor under which the work was done and performed. (Signed) STATE OF A. B. SS. B-, MAY 24, 1951. Personally appeared the abovenamed A. B., and made solemn oath (or solemnly affirmed) that the foregoing Certificate, by him subscribed, is true. Before me, G. H. Lien on ships and vessels is similar to that of Massachusetts. Lien ceases in twelve days after the vessel leaves the port, where the debt was contracted. In the city of New York the owner of a building on receiving from the laborers, journeymen, &c., an attested account of the value of their services, may retain the amount due to them by the builder, for their benefit. Pennsylvania. In the cities of Philadelphia, Harrisburg, Pittsburg, and many Counties, persons furnishing labor or materials for the erection of a house, or other building, have a lien for such work or materials furnished in its erection, for six months after the work is finished, or the materials furnished, which may be continued five years by filing their claim in the office of the Prothonotary, and five years longer by legal process in the proper courts, and until satisfied. Missouri. Contractors, have a lien for material furnished, and work done. To secure it, an account of such lien, under oath must be filed with the clerk of the Circuit Court of the county where the building is situated within six months after the materials have been furnished, or labor done. No lien shall bind any building for a longer time than twelve months after the building is finished, unless a suit shall have been brought on the lien. New Jersey. A lien on buildings in the counties of Hunterdon, Somerset, Monmouth, Salem, Cumberland, the township of Paterson, Manchester, &c exists for two years, if the claim be filed with the clerk of the common pleas, within six months after the materials were furnished or work performed. Action must be commenced within one year from the time the work was completed. Journeymen being refused their pay by the contractor, can obtain it from the owner. In the city of Newark, in the township of Elizabeth, Rahway, Belville, Woodbridge, and South Brunswick, a specification of the work or materials with the prices agreed upon, must be filed in the office of the clerk of the county, and the owner notified personally, within fifteen days after the ma. king of such contract. If so filed, the lien will continue six months after the completion of the building. Ohio. Every person furnishing materials, or performing labor, (under a contract between the owner and builder), in the erection or repairing of a house, manufactory, boat or vessel, may obtain a lien by depositing written account, sworn to, and also, a copy of the contract, if there be one, with the Recorder of the county, within four months from the time of performing such labor or furnishing such materials. Indiana. Lien on lands and tenements exists where the sum exceeds thirty dollars. A bill in chancery must be filed in the circuit court_within one year from the completion of the work, or furnishing of materials. Journeymen have a lien upon the owner, on giving him a written notice of the amount due. Illinois. Lien on lands and tenements exists, provided the time of completing contract does not exceed three years, nor the tim of payment one year. Landlords have a lien on "rops growing, for rent. Liens upon boats and vessels must be enforced within three months from time of indebtedness, for building, repairing and equipping such boats, and also by the engineers, pilots, &c. Michigan. Lien on buildings is dissolved at the expiration of six months from the time the money is due, unless suit is commenced within that time. Wisconsin. Lien on buildings exists, if notice be given to the owner in writing, by the person employed, within thirty days after being so employed. Action must be commenced within one year, or lien is dissolved. Maryland. In the city of Baltimore and county of Harford, written notice must be given to the owner of the building within thirty days after making the contract, of his intention to claim the benefit of lien. Every debt against such building shall be a lien for six months after the work is completed, though no claim be filed. Lien Laws exist in some of the southern and western states, not mentioned in the foregoing list, which secure the amounts due to contractors, furnishers of materials, and workmen, engaged in the erection of buildings, and also those engaged in building, repairing equipping, or performing duty on board of steamboats, which do not materially differ from the above abstracts. Three things are usually required. 1st That the Contract should be in writing. (See Contracts, page 11.) 2d. That the contract, specification, certificate, or claim should be filed, or recorded, within a specified time, 3d. Action, or suit, by attachment on the lien, should be commenced within a certain time. APPLICANTS FOR PATENTS, INFORMATION TO PERSONS HAVING BUSINESS TO TRANSACT AT THE PATENT OFFICE. 69 [The following extracts from the U. S. Patent Acts, with the Directions and Forms, will enable any person to make out the necessary papers, in order to obtain a patent.] ALL Patents are issued in the name of the U. S., signed by the Secretary of State, and countersigned by the Commissioner of Patents. The application for a patent must be by petition to the COMMISSIONER of PATENTS. Patents are granted for any new and useful art, machine, manufacture, or composition of matter not known, or used by others before his or their discovery or invention thereof, and not, at the time of his application for a patent, in public use, or on sale with his or their consent or allowance as the inventor or discoverer, Any person, on application at the Patent Office, can obtain certified copies of the record, on paying ten cents for every page of one hundred words; and for copies of drawings, at the reasonable expense of making them. No answer is returned when a description of an invention is sent, and inquiry made if there be anything there like it. The term for which a patent is granted is fourteen, but it may sometimes be renewed for seven years, by application to the Commissioner of Patents. Patents are granted to citizens of the U. S., to aliens who have resided in the U. S. one year, and made oath of their intentions to become citizens, and also to foreigners who are inventors or discov erers. Joint inventors are entitled to, and can claim a joint patent, but neither can claim one separately. An inventor can assign his right before a patent is obtained, so as to enable the assignee to take out a patent in his own name; but the assignment must be first entered of record; the application therefor duly made, and the specification sworn to by the inventor. The assignment may be to the whole or any undivided part by any instrument in writing. All assignments, and also the grant of the use of the patent in any town, county, state, &c., must be recorded in the patent office within three months from the date. The law requires the payment of the patent fee, ($30,) and the filing of the specification, model and drawings, before the application can be considered; two-thirds of the fee is refunded if the application be withdrawn. Every inventor, before he can receive a patent, shall deliver to the Patent Office a written description of his invention or discovery, and of the manner and process of making, constructing, using, and compounding the same; and if a machine shall fully explain the principle, modes, application, and character, by which it may be distinguished from other inventions; and shall particularly point out the part, improvement, or combination, which he claims as his own invention or discovery, with duplicate drawings, where the case admits of drawings; or if a composition, furnish specimens of ingredients, and of the composition of mat ter, sufficient in quantity for the purpose of experiments. A model will be required in all cases which admits of a representation by model. He shall also make oath or affirmation that he verily believes himself to be the original and first inventor of the improvement in question, and that he does not know or believe that the same was ever before known or used; also of what country he is a citizen. What is claimed as new must be distinguished from what is old. The inventor must not claim too much. A defective specification, or drawing, may be amended at any time before a patent has issued. The drawings should in general be in perspective, neatly executed— and such parts as cannot be in perspective, must, if important, be represented in section or detail-signed by the patentee, and attested by two witnesses, except when the specification refers to them by letters or figures. The model should be as distinct a representation of the machine, or improvement, as possible, and have the name of the inventor printed, or engraved upon it, or affixed to it. Models forwarded without cannot be entered on record. Whenever the inventor is desirous of adding new improvements, like proceedings must be had as in case of original applications. a name, If the patentee has made his claim too broad, claiming more than that of which he was the original inventor, he may make a disclaimer, in writing, of such part, to be attested by one or more witnesses, and recorded in the Patent Office, on payment of the sum of ten dollars; and such disclaimer shall thereafter be considered part of the original specification. The specification must be made in such full, clear, and exact terms, as to enable any person skilled in the art or science to which it appertains, to make, construct, compound, and use the thing patented. The part, improvement or combination which the inventor claims as his own discov ry, should be particularly pointed out, and the specification should be framed with letters of reference to the drawings. Any person entitled to take out a patent, who shall desire further time to perfect the invention he has made, may, by paying twenty dollars, file a Caveat in the confidential archives of the office, setting forth the design and purpose of his invention, its principal and distinguishing characteristics, &c., praying protection of his right till he shall have matured his invention; which sum of $20, in case the person filing such Caveat shall afterwards take out a patent for the invention therein mentioned, shall be considered a part of the sum required for the same. If application shall be made by any other person, within one year from the time of filing such caveat, for a patent of any invention with which it may in any respect interfere, it shall be the duty of the Commissioner to deposit the description, specifications, drawings and model, in the confidential archives of the office, and give notice (by mail) to the person filing the caveat of such application, who shall, within three months after, file his description, specification, drawings and model, if he would avail himself of the benefit of his caveat. If, in the opinion of the Commissioner, the specifications of claim interfere with each other, like proceedings may be had as are provided in the case of interfering applications, provided no opinion of any board of examiners shall preclude any person from the right to contest the same in any judicial court in any action in which its validity may come in question. An old patent may be surrendered to correct a mistake, or error, and the fact should be stated in the application, and a new patent will be issued for the same invention, for the residue of the period. In the reissue, the claim is subject to an examination, and if any part of it is |