The Saint Paul globe., 1899-04-27


same manner and with the same effect
that the original claimant could have
done had not such assignment been
made; and any person holding the title
to such logs or timber, or any lien by
mortgage or otherwise thereon as
cur1ty for the payment Of any sum as
Stumpage thereon, may In like manner
purchase and take an assignment of any
or all of such claims for labor, or may
pay and discharge the same, and In
either case may tack the same to his
additional incumbrance thereon, and may
enforce the payment of the same with In
terest in like manner as his original
claim thereon, but In no case shall he be
required to pay more than the reasonable
and current value of such labor,
Sec. 4. Any person having Hen upon
or timber pursuant to the provisions of
this act, may enforce the same by at
tachment against such logs. railroad
crossties, cedar poles or timber in the
district court of said state in the judicial
district wherein is situate the Office of
the surveyor general in which the mark
poles or timber is or should be recorded,
or in the judicial district wherein such
manual labor was performed. In the same
manner prescribed In title nine ,(9, Of
utes of eighteen hundred seventy-eight
QS7S), and all amendments thereof, so far
as the same can be applicable thereto
and not herein otherwise provided or in
consistent herewith. The Judicial district
in which such lien shall be enforced shall
be determined and fixed by the person
assignee; and In case such lien Is en-
forced in the judicial district wherein
such services We're performed, the action
for the enforcement thereof shall be
prosecuted in the county wherein such
manual labor and services were
performed, if such county is an organized
county for judicial purposes, and if such
county is not an organized county for jul
dicial purposes, then such action shall be
prosecuted In the county to which such
unorganized county is attached for judi
such labor and services. or his assignee,
shall have the right to determine the
county in which such action for the en-
forcement of such lien shall be prose-
cuted as herein provided.
Sec. 5. Before any attachment shall be
issued the claimant, or some one in his
that the defendant therein named is in
debted to such claimant in certain sum
over and above all legal set-off which
sum shall be stated as near as may be,
crued for labor or services on logs, rail-
road crossties, cedar poles or timber, de-
scribing the same as near as Rractioab3le, aa PIE,
thereon. Upon the making and filing OF
such affidavit together with a certified
copy of the 70, statement provided for IN
as required in civil actions, in the Office
Of the clerk Of the district court wherein
such action shall be commenced, the at.
tachment, shall be issued by the clerk Of
said court upon the order Of the judge Of
such district or the court commissioner
of any county thereof; and thereafter
ner provided for the prosecution Of civil
actions in the district court.
Sec. 6. The attachment shall require
the sheriff or other proper officer to at
tach and safely keep the property de-
scribed in such affidavit or SO much
thereof as may be necessary to satisfy
N1niy 01oty, fC1,1
ments, charges and expenses, as provided
for herein In case Of a levy upon logs,
such officer shall file certified copy Of
levy endorsed thereon specifying the
mark or marks upon such logs, and the
quantity Of the same levied upon by him
the lumber district where such mark or
marks are recorded; and, also such off,
Ger shall file such certified copy in the
wherein such suit is brought, and the
filing of such certified copy Of writ and
levy endorsed thereon In said office of
said surveyor general and in the office
of said clerk of district court, shall be
crossties, cedar poles or timber.
Sec. 7. Such sheriff or other officer
shall, if necessary to save the same from
loss, proceed to have such logs scaled to
him as provided by law. without delay. or
rive within the limits Of the boom. which
is the proper destination Of such logs,
and nothing shall be done to hinder or
destination. When more than one writ
of attachment or execution shall be
Levied upon the e same property they shall
ieVies " are re made, PR provided that logs logs and md
timber in the first lumber district may
be held at Saltwater by the sheriff at
taching the same, or by, the sheriff of
Washington county, and logs and timber
in the second lumber district may be held
at Minneapolis by the sheriff attaching
county, notwithstanding the destination
Of such logs may be below those places,
respectively.
Sec. s. The plaintiff in any proceedings
to enforce such lien as herein provided.
shall not be REQUIRED, to give the bond
the general statutes, nor any security
son who may apply and be admitted to
defend upon making and fling an aff1-
dayit showing that he has good and valid
such defense therein, and upon payment
to the plaintiff of that portion of his
claim to which there is no defense stated
in his affidavit, and all costs incurred up
to the time of such payment, may make
and file with the clerk Of the court where
in such action is commenced, a bond to
the plaintiff, with sureties to be approved
by said Judge or court commissioner and
in such sum as the said judge or court
commissioner shall order. conditioned that
ne will pay and satisfy such judgment as
shall be recovered in the action. And
thereupon such Judge or court commits
sioner may order the property levied upon
therefrom. The defendant or person so
applying shall give at least five C5) days
notice of his intention to file such afI1da-
Wit and apply for such order; and upon
the hearing of such application the sure
ties shall justify orally, If required by
the ant bE In aaaN addoH wbcb f9 the sba /, u
cases accompany the bond.
Sec. 8. In all suits under the provisions
poration liable for the payment of such
debt or claim shall be defendant; but
upon the logs, railroad crossties, cedar
poles or timber upon which the lien Is
claimed. may apply and be admitted by
the court, SO far as necessary to protect
his rights in the premises.
Sec. 10. In all suits under the provisions
Of this act the court or jury who shall
try the same or make an assessment of
therein. shall. in addition t2 finding The
sum due the plaintiff also find generally
that the same is due for labor and serv-
ices for which the action was brought,
crossties, cedar poles or timber described
in the complaint therein. and that the
same is a lien thereon. or the amount or
extent thereof to which the same is a lien
thereon, If lier only In part, And the
court shall render judgment in accord
ance with such finding. and execution
In addition to the direction and commands
contained in ordinary executions IN civil
actions. may direct and command that
the said logs. railroad crossties, cedar
may be necessary for that purpose, be
sold to satisfy such Judgment to the ex-
tent of such lien and all costs or charges
and disbursements; provided, however,
no part of the amount due the plaintiff Is
a lien upon the property described in tho