Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1881-09-28

shall be the sum Of one hundred dol
lars and upwards; but in case where
two or more persons shall have claims
for labor and services against any logs,
timber, or slaves, in less sums than one
hundred dollars each, and when such
claims shall have accrued against the
same person or persons, 1t shall be law
full for two or more persons claiming
such lien TO unite their claims either
before or after filing statement Of liens,
and designate one of their number
their agent or attorney for prosecuting
such lien or any suit necessary to en-
force the same, and claims when thus
united shall be received and be treated
as one lien, and suit or attachment may
be brought as for one claim and con
cluded rs one cause or suit, and the
person so designated as such agent or
attorney shall be named in such suit or
attachment rs plaintiff, and when suit
or attachment shall be commenced in
the circuit courts of this State under
this act, the writ Of attachment may
be in the following form:
In the name Of the people of the
State Of Michigan; to the sheriff of
the county of............, we command
you to attach the following goods and
chattcls, to wit (here insert de-
scription Of the property upon which
lien is claimed), or so much thereof as
shall be sufficient to satisfy the sum of
with inforoaf IL
burscments, charges, and expenses of
suit, in whatsoever possession the same
may be found, and safely keep the same
to satisfy any judgment, interest, costs,
disbursements, charges, and expenses
that may be recovered under and by
virtue Of the issuing of this writ, and
also summon. ....... defendant, if he be
found in this State, to appear before
the circuit court Of...........countv, at
.........., on thc.""day of........,....
Same day on which writs in personal
actions may be made returnable) to
answer............to his damage Off,.
dollars; and in case the above named
defendant is not the owner of said de-
scribed logs, timber, posts, ties, poles,
bark, bolts, or slaves, you are then also
commanded to serve or cause to be
served Il copy Of this writ, on or before
the return day above mentioned, upon
the owner Of said logs, timber, posts,
ties, poles, bark, bolts, or slaves, or his
proper agent or attorney, if such own
er, agent or attorney be known to YOU
on1 rosiIinp i'm This Stotn
Witness" etc.
SEC. S.-Such writ when issued out
Of said circuit court shall not he eX-
ecuted unless the plaintiff or some one
in his behalf shall make and annex
thereto an affidavit, stating that the
defendant named therein is indebted to
the plaintiff in said writ, specifying the
amount of such indebtedness as near
as may be, over and above all legal
set-ofls, and such affidavit shall also
show that such Indebtedness is due for
and OH account Of such labor and SER
vices on such logs, timber, posts, ties,
poles, bark, bolts, or slaves mentioned
in said writ us entities the plaintiff to
lien thereon, and that statement of
lien, as by this act required, has been
duly filed. Said affidavit may be in
the following form:
STATE OF MICHIGAN,
COUNTY oF............,....
...................., being duly sworn,
says that. defendant in the
annexed writ, is indebted to.............,
the plaintiff named in said writ, in the
sum Of........,......, rs near as may be,
over and above all legal set-ofls, and
the same is now due for work and labor
performed by................. in cutting,
hauling, banking, driving, running,
rafting, or booming Gas the case may
be- the property mentioned in the an
nexed writ. That the last days work
of said labor was done on the...."..day
of........ ..., 49,, and that the said
property described in the annexed writ
Cor portion of it) is now situated in
the county of............, State Of Mich
igan, and that statement of lien re-
quired by law was on the.....day off,.
............, 49,, duly filed with the
ClcTk vi lllc COUNTY oi'''''''''''', NHNiO
said labor was performed.
"Subscribed and sworn to" etc.
SEC. 9.-Justice3 of the peace with
in their respective counties shall have
cognizance and jurisdiction of all eases
arising under this act when the amount
claimed, over and above all legal set
offs, does not exceed three hundred dol
lars, and any person or persons having
such lien shall be entitled to proceed
by attachment in justices courts against
the property on which he, she, or they
may have such lien for the enforcement
of the same, and the writ of attach
ment, when issued by any said justice
of the peace, may be in the following
form:
STATE OF MICHIGAN J
COUNTY oF..................
To any constable ia said county,
greeting. In the name of the people
of the State of Michigan, you are com
manded to attach the following goods
and chattels (herc insert description
of the property described in the re-