The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1899-04-29
clerk Of the district court specified in said
order, all papers and files In said cause.
Sec.32. This act shall take effect and be
Approved April Goth, 1899.
CHAPTER 342- rs. F. NO. 81.

banking,s driving, rafting, cribbing or
5 Sons g. 9gg IL al sfe5
sofa and repeating chapter eighty nine
(S99 of the laws Of eighteen hundred
and seventy-six Qs76, chapter. four az
q and
six (86) of the laws Of eighteen hundred
and eighty-hve qss5), and all other acts
Be it enacted by the Legislature of the
State OF Minnesota:
Section L. Any person who may do or
Raung SaSkn drvn an0r rane eut eri6
ping or towing any logs, railroad cross
ties, cedar poles or timber in this state
shall have lien thereon as against the
cept the State of Minnesota, for the
amount due for such services, and the
same shall take precedence of all other
agreement, express or implied, made by
or between any person or persons, cor
poration, or chartered company or com.
Eanies, designed to act as a waiver. of
any right under this act, or any portion
thereof, shall be wholly void. The lien
hereln created shall not attach as against
the claim of the owner or legal occupant
of the land upon which logs OF, timber were
cut, in cases of trespass, or when the logs
and timber were cut and carried away
without the consent Of such owner or
Sec. 2. No such debt, demand or claim
shall remain a lien on any such logs, rail-
road crossties, cedar poles or timber I'M
less a statement thereof in writing, under
oath, by the claimant or some one in his
behalf shall be made and filed for rec
ord in the office of the surveyor general
of the lumber district in which such logs
or timber may. be. And such statement
shall briefly set forth and state the post
office address of claimant, the date Of
the commencement and termination of
therefor, the amount paid thereon, if any,
the, amount or. balance DUE and de-
seription OF the logs, railroad crossties,
len is Claimed, that such labor was per- eire
formed wholly on such logs, railroad
crossties, cedar poles or timber, and that
the person performing the same claims
all such labor done and performed be-
tween the first day of October and the
first day Of April thereafter. such state
day of May next thereafter. And for all
labor done and performed between the
first day, of April and the first day of
October thereafter, such statement shall
pletion or last day of such labor or
services. Provided, however, that when
the labor and services for which such
lien is claimed shall have been commenced
before the first day of April and shall con-
tinue without termination from the time
OF such commencement until after the first
party performing such labor and services
or his assignee shall have the right to
file the statement herein provided for at
any any time within Nm, thirty days after the
shall be commenced for the recovery and
enforcement Of such claim or demand I'M
der the provisions of this act within three
CD months after the filing of such state
ment the lien shall cease. Provided, fur
Their, that in all cases where there is no
record or description of such logs, rail-
road crosSties, cedar poles or timber, or
the marks thereon made or kept in the
office of the surveyor general, and no such
record or description is required to be
made or kept in said Office of said sur
shall not be necessary for the said claim
ant or his assignee to file the statement
herein provided for in the Office of said
such statement shall then be filed in the
office OF the clerk of district court Of the
county wherein said labor was performed
provided for filing with such surveyor
general.
Sec. 3. Any, person having claim upon
loss, railroad crossties, cedar poles or
sign the same in writing to any person,
either before Or after the making and
filing of the statement therefor, as pro-
the person to whom such claim may be
assigned, his agent or attorney, may
make and file for record the statement
Tor lien therefor as provided in said sec
ton two 60; in case no such statement
thereof has been filed. And when such
statement as provided for in section two
- q Of tn this act, and the assignment pro
and filed in the office Of the surveyor gen.
eral of the lumber district in which such
logs are situated, or in the office of the
clerk of DISTRICT court, in case the lien
statement is filed in the office Of the
clerk of district court, said person to
when s fd assign me is made shall be
al claimant and is hereby authorized to
enforce the lien against said logs, rail-
road crossties, cedar poles or timber in
MS own w name in f the manner and
claimant could have done had not such
assignment been made and any person
holding the title to such logs or timber,
thereon as security for the payment Of
any sum as stumpage thereon, may in
like manner purchase and take an assign
labor, or may pay and Discharge the
same, and in either case may tack the
same to his original claim and hold the
same as an additional incumbrance there
same with interest in like manner as his
original claim thereon, but in no case
shall he be REQUIRED to pay more than
labor.
Sec, 4. Any person having lien upon
any logs railroad crossties, cedar poles
this act may enforce the g same by at t.
tachment against such logs, railroad
erossties, cedar poles or timber in the
cast c44r 6f of said state in the jgd
of the surveyor general in which the
mark Of such logs, railroad crossties, &C.
Gar daa poles or timber is or should be re-
such manual labor was performed, in the
same manner prescribed in title nine co.
OF chapter .sixty.-six (6@ of the General
eight QS1e) and all amendments thereof,
SO Tar as the same can be applicable
thereto and not herein otherwise provided
district in which such lien shall be en-
forced shall be- determined and fixed by
the person performing such labor and
len Or sa m The and in
tr1ct Wherein such services were perform
ed, the action for the enforcement thereof
shall be prosecuted in the county wherein
formed, If such county is an organized
county for judicial purposes, and if such
cognty is not an organized county for
be prosecuted in the county to which
such ,unorganized county is attached for
judicial purposes. Any person perform
signee, shall have the right to determine
the county in which such action for the
enforcement of such lien shall be prose-
cuted as herein provided.
Sec. B., Before any attachment shall be
issued the claimant, or some one in his
behalf shall make affidavit setting forth
that the defendant therein named is in
debted to such claimant in a certain sum
over and above all legal set-off, which
sum shall be stated as near as may be,
and that such indebtedness is due or ac-
crued for labor or services on logs rail-
road crossties, cedar poles or timber, de-
scribing the same as near as practicable,
and that the claimant has filed lien
thereon. Upon the making and filing of
copy of the statement provided for in
section two CO, together with complaint
as required in civil actions, in the Office
OF the clerk Of the district court wherein
tachment shall be issued by the clerk of
said court upon the order of the judge of