The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1899-04-29


as soon thereafter as such logs shall ar
rive, within the limits Of the boom which
Is the proper destination of such logs,
delay the driving 81 such logs to such
destination. When more than one writ
Of attachment or execution shall be. le..
X +dGd upon npialt the same property they shall
levies are made, provided that logs and
timber in the first lumber district may
be held at Saltwater by the sheriff at
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,
to enforce such lien as herein provided,
shall not be required to give the bond
mentioned in section 131 of chapter 66 Of
the General Statutes. nor any security
son who may apply and be admitted to
defend upon making and filing an affi-
davit showing that he has good and valid
defense in whole or in part, setting out
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
and file with the clerk Of the court wherein
such action is commenced, a bond to the
plaintiff, with sureties to be approved by
II,
such sum as the said judge or court com
missioner shah order, conditioned that he
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
by virtue Of such writ to be released
therefrom. The defendant or person SO
notice Of his intention to file such af11da-
Wit and apply for such order; and upon
the hearing of such application the sure
ties shall justify orally, If required by
LITIGATION by affidavit, which shall in all
cases accompany the bond.
Sec. g. In all suits under the provisions
poration liable for the payment Of such
debt or claim shall be defendant; but
any person having an interest in or lien
poes or timber upo1 which, the Lien soI IS
claimed, may apply and be admitted by
the court, so far as necessary to protect
his rights in the premises.
Sec. TO- In all suits under the provisions
Of this act the court or jury who shall
try the same or make an assessment Of
damages therein or make an inquest
sum due the plaintiff, also find generally
that the same is due for labor and serv-
ices for which the action was brought,
and aIsas vas performed on the logs, railroad
in the complaint therein, and that the
same is lien thereon, or the amount or
extent thereof to which the same is a lien
court shall render Judgment in accord
ance with such finding, and execution
shall issue therefor. And such 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
poles or timber, or so much thereof as
sold to satisfy such Judgment to the ex-
tent Of such lien and all costs or charges
and disbursements; provided, however,
that If the court or jury shall find that
lien upon the property described in the
complaint, the plaintiffs action shall not
be defeated thereby, but he shall be en-
titled to Judgment as in other civil ac-
tons; and, provided further, that in all
cases where the property levied upon by
writ. of attachment in any such action
has been released from such levy by the
the amount found due the plaintiff is ad-
judged to be in whole or in part a lien
upon such logs railroad crossties, cedar
poles or timber, then judgment shall also
be rendered for the amount of such lien
against all the persons liable on such
bond. All levies upon logs, railroad cross
ties, cedar poles or timber by virtue of
same manner herein provided for the levy
ing, of writs of attachment in like cases,
and sales thereon shall be made in the
same manner as ordinary sales on exc
usual notice of sale, a notice shall also
be, posted in conspicuous place in the
office OF the surveyor general of the dis
trict, and such sale, when made in the
county where such surveyor generals Of
flee is located, shall be made at the Of
flce- of the surveyor general, and when
at the front door of the usual place of
holding district court therein. And the
officer making the sale shall give his GER
tificate thereof to any person who may
tjroo1oo ont
thereof at such sale, and the same shall
vest in each purchaser. an absolute title
thereto. And upon such certificate being
scale to such 81 he person. or his assigns The
said logs or timber SO purchased and shall
deliver a scale bill thereof to the person
be evidence OF his ownership of such logs
sec II: The officer making levy upon
logs as herein provided, may pay the
timber levied upon, and return the
amount paid, on the writ. which shall be
included incl and taxed in the bill Of costs
Judgment then the officer may charge
and collect the same out of the property
as other costs and disbursements
Sec IL. The action or lien under the
provisions of this act shall not be defeat
ed by the taking of a note or other evil
dence Of Indebtedness unless it was TAX
en- in discharge of the amount due and
in Writing at the time Of the taking Of
such note.
Sec ID. All railroad crossties, cedar
poles and timber other than logs shall be
held by the sheriff or other officer at the
place where seized and shall be detained
by him until the same are disposed Of
according to the provisions of this act,
Sec; H., The plaintiff shall allege in his
complaint all the facts upon which his
right to a lien depends, and the filing, of
such statement for lien, and all such allie
expressly denied by the defendant, or his
agent or attorney in his answer.
Sec; Is: The surveyors general of logs
and lumber are hereby required to file
and record such statements and any as
signments thereof and such writs and en-
dorsements Of levy thereon and returns
certified copies thereof whenever required
by any person interested in such suit,
and shall receive therefor the same fees
as for recording other Instruments, and
such record or a certified copy thereof
may be introduced and read in evidence
in any of the courts in this state.
Sec. IL. The statement herein provided
office of said surveyor general Immediate
ly after the termination of said labor and
services, and the action herein provided
for the enforcement Of said lien may be
Of said statement, as herein provided.
Sec ~ In all actions brought under
the provisions of this chapter. if it shall
be adjudged and determined that the
plaintiff therein has lien upon the logs,
railroad crossties cedar poles or timber
described i'll his complaint, there shall be
taxed and recovered by said plaintiff
against the said logs, railroad crossties,
ana disbursements in addition 70 the
costs and disbursements now provided by
law in the trial of civil actions:
First-The sum Of twenty dollars ($20.O0)
as an attorney fee:
Second-In case the plaintiff in said ac-
ton is the person who performed the
labor or services in the cutting, hauling,
towing of such logs, railroad crosstie Is.
cedar poles or timber, then, and in such
CASE, said nlaintiff shall he ENTITLED "a