Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1873-05-13

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account of such labor or service, on
such logs or timber as entities the
plaintiff to lien thereon, describing
as particularly as may be the logs
and timber; and such affidavit
shall further set forth that the
plaintiff has filed his petition, OIL
statement OF lien herein required
SEC. .. All suit or proceedings
in these premises, in the circuit
court shall be commenced and pro-
scented as any other civil suit,
with the power and provisions OF
proceedings by attachment against
the property upon which lien is
claimed or founded, as is provided
in proceedings by attachment by
chapter two hundred and one OF
title thirty-two of the compiled
laws of 1871, so far as the same are
applicable and except as herein
otherwise provided.
Sec. 6. The attachment shall re-
quire a sheriff or other proper Of
ficer to attach and safely keep the
logs and timber described in such
affidavit, or so much thereof as may
be necessary to satisfy the claim of
the plaintiff, with all costs, dis
bursements, charges, and expenses:
P.ocided, That no sheriff or other
officer shall assess, attach, or levy
upon any such logs or timber when
in transit from the place where cut
to the place Of destination, when
such place of destination be within
this State.
SEC. I. No attachment shall be
issued under the provisions of this
act unless the amount stated in the
affidavit is due to the plaintiff, over
and above all legal set-ofis, shall be
the sum of one hundred dollars and
upwards, but in cases where two or
more persons employed as laborers
shall have claims for labor or SER
vices against any logs or timber i'll
sums of less than one hundred dol
lars each, and when such claims
shall have occurred at the same
times for the same parties and upon
the same logs or timber, it shall be
lawful for all the persons claiming
to unite in a statement or petition
as hereinbefore provided, and may
designate one of their number on
any other competent person their /
attorney for prosecuting such lien
or any suit necessary to enforce the
same, and such statement shall be /
received and treated as one lien,
and suit or attachment may be
brought as for one claim and con-
Guided as one cause or suit.
SEC. s. Justices of the peace
within their respective counties
shall have cognizance and jurisdic- /
ton of all cases arising under this .
act when the amount claimed over
and above all legal set-offs does not /.
exceed one hundred dollars, and /.
any person or persons having such
lien shall be entitled to proceed by
attachment in justices courts
against the property on which he .
or they have such lien, for the en-
forcement Of the same, in the man .
ner prescribed in that portion of
chapter lis Of the compiled laws of
1911 relative ~ Attachments, so Tar
as the same is applicable and not
regulated by this act. Before the
issuing of any attachment in such 1
case, the plaintiff or some one in his .
behalf shall make and file with such /
Justice of the peace an affidavit, as
required by section 2 Of this act,
and no other or further affidavit
shall be required.
SEC. 0. Before any suit shall be
commenced to enforce such lien, the
person or persons claiming such
lien shall give the owner or owners
of such logs or timber, their proper
agent or attorney, if such owner or
owners, their agents or attorneys
be known 10 him, a notice Ia writ
ing upon them Of the filing Of the
petition or application for lien,
which notice shall state the time
and place Of fling such application
or petition, and the amount claimed
thereon, the marks or other descrip-
ton Of the logs or timber upon
which the lien is claimed, and the
name Of the party for whom the la
Dor was performed. Such notice
may be served personally or by de-
posting the same in the postofice,
directed TO the owner Of the logs or
timber, his agent or attorney, at his
or their place Of residence, and pay
ing full postage thereon, and If per-
sonally served, notice shall be given
five days previous TO commencement
Of suit, and if by mail, no action
shall he commenced until fifteen
days after the mailing Of the same.
Any person owning on claiming any
Of said logs or timber, or their
agents or attorneys, may appear
and defend the same as if made par
ties to said suit. No action or lien
under the provisions Of this act
shall be defeated by the taking Of
note unless il is taken in discharge
Of the amount due and Of the lien.
The plaintiff shall allege in his dec
laration the filing of such applica-
ton or petition for lien, and all
allegations relating thereto shall he
taken TO he true unless expressly
denied by the defendant, his agent
or attorney, in his or their answer