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

That any sale or transfer of the logs,
timber, cedar posts, railroad ties, tele-
graph poles, tan bark, single bolts, or
slaves, upon which the lien is claimed,
during the time limited for the filing of
such statement Of lien and previous to
the filing thereof, or during the time
limited for the enforcement Of the same,
shall in no way affect such lien, but
such lien shall remain and be enforced
against such logs, timber posts, ties,
poles, bark, bolts or slaves in whoseso-
ever possession the same shall be found.
SEC. ANY person or persons hav-
ing Il lien upon or against any logs,
timber, cedar posts, railroad ties, tele-
graph poles, tan bark, single bolts,
or slaves, may enforce the same by
attachment against such logs, timber,
posts, ties, poles, bark, bolts, or slaves,
either in the circuit or justice courts of
the county in which said logs, timber,
posts, ties, poles, bark, bolts, or slaves,
or any portion Of the same, may be
situated mt the time of commencement
Of suit, or in the circuit or justice
courts of the county where the state
ment Of lien is filed, and such suit may
be commenced to enforce such liens,
if the same be due, Immediately after
the filing Of such statement, and such
lien claim shall cease to be lien upon
the property named in such statement,
unless suit be commenced within three
months after the filing of such state
ment. In all such suits the person,
company, or corporation liable for the
payment Of such debt or claim shall be
made the party defendant.
SEC. 6.-Thc attachment shall re-
qnre the sheriff or other proper off
Ger to attach and safely keep the logs,
timber, posts, ties, poles, bark, bolts or
slaves dcscribedfn the writ, or so much
thereof rs are necessary to satisfy the
claim of the plaintiff, with all costs,
disbursements, charges and expenses,
and said attachment shall also require
the said sheriff or other proper officer
to summons the defendant therein
named to appear before said court at
the time and place therein specified,
the same rs ordinary writs Of attach
mcnt in circuit and justice courts, and
any such attachment or other process
issued out Of said courts of this State,
in pursuance Of the provisions of this
act, may be served in any county of
this State, and if the defendant in said
attachment is not the owner Of the
logs, timber, posts, poles, bolts, bark,
or slaves described i'll said writ, then
the officer executing said writ shall
serve or cause to be served Il copy of
said attachment on or before the re-
turn day mentioned in said writ, upon
the owner of said logs, timber, posts,
ties, poles, bolts, bark, or slaves, their
proper agent or attorney, if such owner,
agent, or attorney be known to him
and residing in this State: PrOcided,
That no sheriff or other officer shall
seize upon and detain any such logs,
timber, posts, ties, poles, bolts, bark,
or slaves when in transit from the
place where cut to the place Of destina-
ton, when such place of destination is
within this State, but in case such logs,
timber, posts, ties, poles, bolts, bark,
or slaves are i'm transit, or arc in pos
session of any booming company, or
other person or corporation, for the
purpose of being driven or sorted and
delivered to the owners, or to satisfy
any statuary lien, then levy and at
tachment Of said logs, timber, posts,
poles, ties, bolts, bark, or slaves, may
be made by serving copy of said at
tachment upon the person or corpora
ton driving or holding the same, who
shall, from the time of such service, be
deemed to hold the same Cloth on their
own behalf and in behalf of said
sheriff or other officer to the extent OF
said attachment lien until the same can
be driven and sorted out; and when
driven or sorted out the said sheriff or
other officer may receive said logs, TIM
Der, posts, poles, ties, bolts, bark, OF
slaves from said person or corporation
and the statuary lien of said person OF
corporation shall not be released by the
holding Of said sheriff or other officer
and in case of sale by the sheriff or
other officer on execution, (and when)
the proceeds of sale shall not be sufii-
cient to satisfy all liens in full, then
such proceeds shall be distributed pro
rata ON due notice to all parties in
interest, under The special order and di-
rection of the court having jurisdiction
in said attachment: Pr0vided further,
If the owner of said logs, timber, posts,
ties, or slaves, or any person in their
behalf, shall make, execute and file
with the clerk of the circuit court or
before the Justice of peace where said
attachment is pending, good and suf-
ficient bond in a sum double the amount
claimed in said writ, signed by two
freeholders, and approved by said clerk
or by said justice of the peace, running
to the plaintiff in said writ, and con-
ditioned for the payment of all dam
ages, costs, charges, disbursements, and
expenses, that may be recovered by the
said plaintiff against defendant, that
may be found to be lien upon or
against the logs, timber, posts, ties,
poles, bolts, bark or slaves described IN
said writ, and upon the approval and
6l;no of said bond. the said clerk or