The Saint Paul globe., 1899-04-27
CHAPTER 342-s. F. NO. 81.

in force from and after its passage.
Approved April goth, 1899.
CHAPTER 342-s. F. NO. 81.
AN ACT providing for the giving and
enforcing of a lien for labor and serv-
ices, performed in cutting. hauling.
towing logs, railroad crossties. cedar
poles or timber in the State Of Mime
sofa and repeating chapter eighty-nine
(S9l of the laws Of eighteen hundred
Of the laws of eighteen hundred and
seventy-eight QS7S) and chapter eighty
six (S6) of the laws of eighteen hundred
and eighty-five QSS5), and all other acts
or parts of acts inconsistent herewith.
Be it enacted by the Legislature of the
State of Minnesota:
perform any. manual labor in cutting,
hauling, banking, driving, rafting, crib
bing or towing any logs, railroad cross
ties, ties, cedar cedar poles or timber In this state
owner thereof, and all other persons, eX-
cept the State Of Minnesota. for the
amount due for such services, and the
same shall take precedence Of all other
claims thereon; and any verbal or written
agreement, express or implied, made by
or between any person or persons, cor
panies, designed to act as a waiver of
any right under this act, or any portion
thereof, shall be wholly void. Tie lien
herein created shall not attach as against
the claim of the owner or legal occupant
Of the land upon which logs or timber
were cut, in cases of trespass, or when
the logs and timber were cut and car
ried away without the consent Of such
owner or legal occupant.
Sec. 2. No such debt, demand or claim
shall remain lien on any such logs, rail-
road crosSties, cedar poles or timber un-
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
nf ha ict in
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
such labor, the rate of compensation
therefor the amount paid thereon, If any,
the amount or balance due, and a de-
scription of the logs. railroad crossties,
cedar poles or timber upon which the
lien is claimed, that such labor was per-
formed wholly on such logs, railroad
crossties, cedar poles or timber, and that
a lien thereon for the amount due. For
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
be fled within thirty day days after the COM COM
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 COM
menced before the first day of April and
shall continue without termination from
the time of such commencement until
after the first day of April, then, and in
such case, the party performing such
labor and services or his assignee shall
have the right to file the statement here
in provided for at any time within thirty
days after the completion Of such work.
and unless suit shall be commenced for
the recovery and enforcement of such
claim or demand under the provisions of
this act within three 90 months after the
fling Of such statement the lien shall
cease. Provided, further. that in all cases
where there Is no record or description
of such logs, railroad crossties, cedar
poles or timber, or the marks thereon
made or kept in the office of the surveyor
general, and no such record or descrip-
ton is required to be made or kept In
said office Of said surveyor general. then.
and In that case, it shall not be necessary
for the said claimant or his assignee to
file the statement herein provided for in
the office of said surveyor general Of logs
and lumber, but such statement shall
then be filed In the office of the clerk Of
district court of the county wherein said
labor was performed at the time and in
the manner as herein provided for fling
with such surveyor general.
Sec. g. Any person having a claim Upon
logs, railroad crosSties, cedar poles or
timber as provided in this act, may as
sign the same in writing to any person,
either before or after the making and fl
ing of the statement therefor as provided
in section two (O of this act; and the
person to whom such claim may be as
signed, his agent or attorney, may make
and file for record the statement for lien
therefor as provided in said section two
CD; in case no such statement thereof has
been filed. And when such statement as
provided for in section two (0 of this act,
and the assignment provided for in this
section has been made and filed in the
Office of the surveyor general of the llIn-