The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19


ton
! SEQ. 2. Nothing herein contained shall affect
| the rights Of parties In any action row pending
Sec 3. This act shall take effect and Re in
force from and after Its passage.
Approved April 10. 1901.
CHAPTER 22s-H. F. NO 6a4
AN ACT to provide for liens upon horses and
other animals for TIE cost Of shoeing the
same.
Be 1t enacted by the Legislature of the State
Section l. Every perpcn who shall shoe or
cause to be shod by his employees any horse.
mule. OK or other animal shall have lien
upon the animal shod for his reasonable charge
for the shoeing of the same, and each lien
conferred by this act shall take precedence
OF all other claims or liens thereon not duly
recorded prior to The recording Of the claim
Of lien. as hereinafter provided. but such lien
shall not attach where the property has
lien.
SEQ 2 Any person desiring to secure the
benefit of this act shall, within six 80 months
after the shoeing OF such horse. mule OK, or
other animal, or in case he shall have shod
such animal more than once within that time,
then within six (6) months of the last shoe1ng,
file with the township clerk or the city clerk,
as the case may be, In the township or city
IN which such animal is, a statement made
under oath by the claimant. or soma one in
his or her behalf, and a notice Of his intention
&c claim a lien upon, such animal for his
charges for the shoeng iof the same.
Sec. B. Such statement and notice shall state
n,
the name of the owner reputed owner of
the animal sought to be charged with tho lien,
and description sufficient for identification
OF the animal upon which the animal is
claimed, and the amount due the claimant as
near as may be, over and above all legal
set-offs.
Sec A. Any rerson may file successive liens
upon the same animal for charges for shoeing
the same, and he may include in any one
claim of lien his charges for any number Of
times OF shoeing such animal; provided. how
ever, that no lien shall be- had for any shoe
ing of any animal done moro than six (6)
months prior to the filing of the notice of lien.
Sec 5. 1t shall be the duty Of the township
or city clerk, as the case may be, upon the
presentation to him OF any such statement and
notice Of lien, to file the same IN his offiee,
in the Same manner provided by law for the
filing and recording of chattel mortgages: and
he shall be entitled to charge and receive from
the person fling such statament and notice a
fee of twenty five (25) cents, and more
Sec 8. A copy of such statement and notice
Of lien, filed aforesaid, certified by the town
ship or city clerk the case may be, shall
be received in evidence In any proceeding taken
to enforce the lien herein provided for, but
only Of the fact that such statement and no
tice of lien was received and filed according
to the Endorsements OF the township or city
clerk thereon and of other fact.
Sec T. The person having such lien shall,
within six months from and after the date of
filing such lien statement, commence suit for
I the recovery of such charges by summons, in
the usual form, before any justice of the
Or IN any court. as the case may require.
against the person liable for the payment
thereof. But before any such lien claimant
shall commence any action to forecloee such
lien, he shall give the person against whom
he proposes to bring such action at least twenty
900 days notice in writing of his Intention to
foreclose such lien.
Sec. 8. If such summons be returned per-
sonally served upon the defendant, the same
proceedings shall thereon be had in all re-
| spects as in other suits commenced by sum
mons, in which there Is personal service of
process; the judgment shall he rendered in such
suit in like manner as judgments. are now
rendered dn civil actions.
Sec. 8. If the officer return upon such sum-
mons that the defendant cannot be found in
this county. the same proceedings shall be had
in all respects, near as may be, as in
suits commenced by attachment in which there
upon the defendant, and Judgment shall be
rendered I'm such suit in like manner as judg-
ments are now rendered Ill such actions.
Sec. 10. If the rlaln:II recover Judgment IN
such suit, execution shall be issued thereon
in the same manner and with like effect as
upon judgments rendered IN suits COM
merced by attachment, and the horse, mule,
OK, or other animal, upon which the plaintiff
holds such lien shall not be exempt from
execution but may he sold to satisfy such exc
cution in the same manner as If 1t had been
seized and held upon an attachment in such
suit.
Sec. II. All expenses which shall have been
incurred by the person having such lien after
the same accrued shall be an additional lien
upon the property, and shall be computed and
ascertained upon The trial assessment of
damages. and included in the Judgment
Sec ~. In all suits attachments prose
cuted under the provisions of this act the
court, jury or justice Of the peace who shall
try the same, or make an assessment of dam
ages therein, shall, IN addition to finding the
Sum due the plaintiff, also 1ni that the same
is due for the cost OF shoeing the horse mule,
OK, or other animal described in plaintiff S
declaration, and is G lion upon the same;
provided. however thae II the scuurt, jury or
justice of the peace shall ma that the amount
due the plaintiff Is not lien upon the property
described in the PLAINTIFFS declaration, the
plaintiff shall not be non-suited thereby. but
shall be entitled to Judgment In other civil
action; but in such said plaintiff shall not
recover or tax any costs other than those al
lowed and taxable in such case; and IN those
cases where the amount due found to be q
lien upon the property mentioned IN plaintiff 9
declaration, the finding verdict may be IN
the following form: The court, Jurors or jus
tice, the case may he) say that there is
due the sum of ----- dollars from the
said defendant, and that the same is due for
plaintiffs reasonable charges for shooting the
animal mentioned IN plaintiff declaration (gtv-
ing description sufficient for Identification of
the aninnaD, and that the plaintiff has lien
upon said animal for said amount
Sec a. This net shall take effect and lie in
force from and after is passage.
Approved April 10. 1901.