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

Approved April Goth, 1899.
CHAPTER s42-s. +. NO. 81.
AN ACT providing for the giving and
enforcing Of lien for labor and sery-
banknR aTTag n rafnf srtDbng
poles or timber in the State Of Mime
s ssd5 and & repeating chapter eighty-ni1le
| Of the laws of eighteen hundred and
six $50 Of the laws Of eighteen hundred
and eighty-five qSs5). and all other acts
or parts Of acts inconsistent herewith;
| State OF Minnesota:
Section l.. Any person who may do or
Raung bny mand labor e eut el
bing 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
claims thereon; and any verbal or written
agreement, express or implied, made by
OF between any person or persons. cor
pora;tion;, or D, chartered company or CON-
thereof shall be Wholly diy Void any The lien
| herein created shall not attach as against
the claim Of the owner or legal occupant
or the land upon which logs or timber We're
cut, IN cases of treSpaSs, or when the logs
and timber were cut and carried away
| without the consent Of such owner or
legal occupant. @
Sec 2. No such debt, demand or claim
shall remain a lien on any such logs, rail-
road crosSties, cedar poles or timber UNI
less a statement thereof in writing, under
| oath, by the claimant or some one in his
behalf u! shall be made and filed for rec;
of the lumber district in which such logs
or timber may be. And such statement
shall briefly set forth and state the post
nff1na Q06raSS ri a ovof no dat re
the commencement and termination OF
such labor, the rate Of compensation
t tbs the amgun paid any
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
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
ment IS shai be fled on or before the first
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
| lien is claimed shall have been commenced
| before the first day Of April and shall con-
tinue without termination from the time
day Of April, then, and in such case, the
| party performing such labor and services
or his assignee shall have the right to
a hirtT 9royded for at
| completion of such work, and unless suit
shall be commenced for the recovery and
enforcement Of such claim or demand 1n-
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 theresis no
1 lnorc vol
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
veyor general, then, and in that case, it
shall na not IT. be necessary fer the said claim
| herein provided for in the office of said
| surveyor general of logs and lumber, but
| 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 filing with such surveyor
Sec. g.. Any. person having claim upon
iogs, railroad crossties. cedar poles or
timber, as provided in this act, may as
either before or after the making and
| ming OF the statement therefor, as pro-
j y y in section two CO. of this act; and
assigned, his agent or attorney, may
| make and file for record the statement
| for lien therefor as provided in said sec
4 tlOn%fWos (2); IN case no such statement
| thereof has been filed. And when such
| statement as provided for in section two
| 81 Of this act, and the assignment pro-
| V1ded for in this section has been made
and filed in the Office of the surveyor gem
| 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
SlInr0P1tQ6 tC Of tori,
al claimant and is hereby authorized to
enforce the lien against said logs, rail-
road crossties, cedar poles or timber in
| his own name, in the same manner and
with the same effect that the original
claimant could have done had not such
has aSan ut been been made; and any person
or any lien by mortgage or otherwise
! thereon as security for the payment Of
ike manner purchase and take an assign m
| ment of any or all of such claims for
Labor Labor, or may ma Pay and discharge the
same to his original claim and hold the
same as an additional incumbrance there
on, and may enforce the payment Of the
original claim thereon, but in case
| shall he be required to pay more than
the reasonable and current value of such
| labor. a
Sec, T. Any, person having lien upon
any. logs, railroad crossties, cedar poles
PIT or timber pursuant to the provisions Of
| cAiAo e1Cls may CulOIC0 Inc same Dy at
| tachment against such logs, railroad
crossties, cedar poles or timber in the
district court of said state in the judi
cial district wherein is situate the Office
| of the surveyor general in which the
| mark Of such logs, railroad crossties, ce-
dar poles or timber is or should be re-
corded, or in the judicial district wherein
! such manual labor was performed, in the
same manner prescribed in title nine (9)
| Of chapter sixty-six (66) of the General
Statutes Of eighteen hundred seventy
eight l1S1s), and all amendments thereof,
SO far as the same can be applicable
thereto and not herein otherwise provided
| or inconsistent herewith The judicial
| district in which such lien shall be en-
forced shall be- determined and fixed by
the person performing such labor and
services or his assignee; and. in case
such lien IS enforced in the judicial dis
trict wherein such services were perform
shall be prosecuted in the county wherein
| such manual labor and services were per-
formed, If such county is an organized
county for Judicial purposes. and If such
1 county is not an organized county for
judicial purposes, then such action shall
! be prosecuted in the county to which
! such dnorganiZed 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.
l Sec. O.. 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 seton, 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 a lien
thereon: Upon the making and filing of