The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1897-07-16

Log Liens Law.

Inv ioiAO"ihS paper Ou tIc law re-
lating to log liens contains much valn:-
able information. 1t was prepared by
Attorney A. r. Heilig, of Tacoma, and
published in the West Coast and Pu-
get Sound Lumberman:
"The statutes OF Washington pro-
vide a lien upon saw logs, spars, piles
cord wood, shingle bolts or other tim
Der, for labor or services performed by
the following classes of persons:
"Those who perform labor upon or
assist In obtaining or securing them
the owner Of the tug boat which shall
tow them; the owner of any railroa d
over which they are transported; an d
the cook of the logging camp; also the
owner of timber land upon which thev
are cut for the price or value of the
timber.
"These liens are prior to any other
and cannot be divested by sale ex-
cept under order of court. The lien
for labor is preferred to the others
mentioned, and so far as the logs, etc,
can be identified the lien for labor per-
formed On those particular logs is pre-
ferred to general claim for labor
upon lot of logs.
"The liens thus provided for COM
mence with the performance of the
work and continue until the labor and
service is fully performed, and for
eight calendar months thereafter, pro-
vlded that within thirty days after
the close of the rendition of the SER
vice, or of the work or labor. a state
ment of The demand for which lien
is claimed is filed with the county
auditor of the county in which the
logs, ETC., were cut. This statement
must contain a description of the
property to be charged with the lien,
sufficient for Identification with rea-
sonable certainty, a statement of the
amount of demand, the name of the
employer, and terms of employment,
or the reasonable value of the service
if not agreed upon; and must be sworn
to.
"These liens embrace, however, only
the labor or services performed, etc.,
or logs cut within the period of eight
calendar months next preceding the
filing of the claim.
"Mistakes in the statement shall
not invalidate the lien unless the
court finds there was an intent to de-
fraud or that an innocent third party
without notice has become the owner
OF the property upon which the Jien is
claimed, and the statement filed was
so deficient that it did not put him
upon inquiry. A party purchasing
logs within the thirty days in which a
lien may be filed is not an innocent
third party unless it appears that he
has paid full value for them and has
seen that the purchase money is ap-
piled to the payment of the claims on
the logs, etc.
"To continue the lien longer than
eight months an action must be COM
menced in the superior court in the
county where it is filed. All dilatory
motions are discouraged and the cause
must be speedily tried on its merits.
"Any number of persons claiming
liens may join in one action, and the
court allows costs, the fees for filing,
making and recording the statement
and reasonable attorney fee for each
person claiming Il lien. Judt ment is
rendered in favor of each person for
the amount due him. The court or
ders the property sold by the sheriff
and apportions the proceeds Of sale to
the payment of each judgment accord
ing to its priority or the priority of its
class.
"Any person who shall injure or de-
stroy or render difficult, uncertain or
impossible of Identification any logs.
etc., upon which there is lien, with
out the consent of the lien-holder, is
liable to the latter for damages to the
| la.,n,,nt cnourad hU hlS lien ~