Zavodsky

The decree appealed from provides for the foreclosure of an alleged lien claimed on account of services performed by Frank Fremming in and about certain mining -claims and property belonging to appellant. Subsequent' to the entry of the decree, Fremming assigned the benefits of his judgment to appellee, .Zavodsky, who was duly substituted as party plaintiff.

No question has been made as to the amount that became due to Fremming, and appellant’s counsel states in his brief that the sole question presented is as to whether plaintiff ‘ brought himself within the provisions of the lien law of Alaska (Session Laws Alaska 1915, p. 29, c. 13) which refers specifically to mining property; or did his claim of lien arise solely by reason of a later law of that territory, passed in the year 1925 (Session Laws of Alaska 1925, p. 74, c. 42, and as amended in the. year 1927 [Laws 1927, c. 7]). It is conceded that, if the claim 'of lien was properly made under the first-mentioned act, *674 such claim was filed with the recorder within time; if the claim could only be made under the second act, then the notice of lien was not filed in time.

The work performed by the lien claimant was that of…