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

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: $3.50 -
shall, e necessary to save the same from
loss, proceed to have such logs scaled to-
him as provided by law, without delay, or
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 SUCH logs to Such q
destination. When more than one writ
Of attachment or execution shall be le-
porta ee oraes Il t Which sha
levies are made, provided that logs and
timber In the first lumber district may
pc held At Saltwater by the sheriff at
Washington county, and logs and timber
in the second lumber district may be held
It at MINNEAPOLIS by the sheriff attaching
county, Notwithstanding the destination
OF such logs may be below those places,
Sec. 8. The plaintiff in any proceedings
to enforce such lien as herein provided,
shall not be required to give the bond
mentioned in section 131 of chapter Sc Of
whatever. But the defendant or any per-
son who may apply and be admitted to
defend upon making and filing an afii-
davlt 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
in his af1idavit, and all costs incurred up
to the time OF such payment, may make
and file with the clerk of the court wherein
such 81 t ACTION IS commenced; a bond to the
said judge or court commissioner, and In
such sum as the said judge or court COM
missioner shah order, conditioned that he
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
applying shall give at least five (5) days
notice of his intention to file such af1da-
Wit and apply. for Such order; and upon
ties shall Justify orally, If required by
the plaintiff, in addition to the usual JUS
LITIGATION by affidavit, which shall in all
cases accompany the bond.
Sec 8. In all suits under the provisions
Of this act the person, company or cor
poration liable for the payment of such
any person having an interest in or lien
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. TO- In all suits under the provisions
OF this act the court or jury who shall
damages therein or make an inquest
therein, SHALL in addition to finding the
sum due the plaintiff, also find generally
ices for which the action was brought,
and was performed on the logs, railroad
crossties, cedar poles or timber described
In the complaint therein, and that the
extent thereof to which the same is a lien
thereon, il lien only. in part. And the
court shall render Judgment in accord
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
railroad
poles or timber, or SO much thereof as
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,
that If the court or jury shall find that
no part of the amount due the plaintiff Is
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
writ, of attachment in any such action
has been released from such levy by the
giving of a, bond as herein provided, and
the amount found due the plaintiff is adj
judged to be in whole or in part a. lien
upon such logs, railroad crossties, cedar
poles or timber, then judgment shall also
against all the persons liable on such
bond. All levies upon logs, railroad cross
ties, cedar poles or timber by virtue of
any such execution shall be made in the
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
cution, except that in addition to the
usual notice of sale, a notice shall also
be posted in conspicuous place in the
ONCE OF the surveyor general of the dis
ttrlct, and such sale, when made in the
county where such surveyor generals Of
fee is located, shall be made at the Of
hce OF the surveyor. general, and when
made in any other county shall be made
nf 40 va1o If
holding district court therein. And the
officer making the sale shall give his GER
t1hcate thereof to any person who may
buy such logs or. timber or any part
thereof at such sale, and the same shall
vest in each purchaser an absolute title
thereto. And upon such certificate being
aea to such So OF ass en tbe
said logs or timber SO purchased and shall
deliver scale bill thereof to the person
to whom such scale is made, which shall
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 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
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. -, All railroad crossties, cedar
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,
If IA
Sec: IA. The plaintiff shall allege in his
complaint all the facts upon which his
; right to a lien depends, and the filing of
cations shall be taken to be true, unless
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-
and certificates Of sale e and Shall give We
certIfled copies thereof whenever required
by any person interested in such suit,
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.
for in section two G) may be filed in the
office of said surveyor general Immediate
" after the termination Of said labor and
services, and the action herein provided
for the enforcement of said lien may be
commenced Immediately after the filing
Of said statement, as herein provided.
Sec. II. In all actions brought under
be adjudged and determined that the
PLAINTIFF therein has a lien upon the logs,
railroad crossties, cedar poles or timber
described in his complaint, there shall be
taxed and recovered by said plaintiff
against the said logs, railroad crossties,
cedar poles Or timber, the following costs
and disbursements in addition to the
costs and disbursements now provided by
law in the trial Of civil actions:
First-The sum Of twenty dollars ($2OOO)