Daily capital journal. (Salem, Oregon) 1903-1919, 1916-08-26

going claim; that / have heard the
same read, and know the contents
thereof and believe the same to be
true.
Subscribed and sworn to before me
this .............. day of ..........,.... 49,.
................................... Notary Public
(n) Possession of Instalment Pur-
chaser-For the purpose of the lien, an
installment purchaser in possession of
an automobile is deemed to be the own
er thereof, and the lien will be a pre-
ferred lien as against tae seller, to the
extent that the repairs have enhanced
the value of the machine.
General laws of Oregon, 1909, page
224.)
(o) Foreclosure of Lien-Liens pro-
Nided for in the act may be foreclosed
by suit in the circuit court of any
county in the state of Oregon, or they
may be foreclosed by advertisement
and sale of the chattel subject to the
lien, in the following manner: That
the person or claimant, desiring to
foreclose suca lien by advertisement
and sale, shall deliver TO the sheriff
or any constable of the county in
which such ehattel is then situated,
certified copy of the notice of lien
duly certified to by the county clerk
where the same was filed, with the
request endorsed thereon, signed by
claimant, or his attorney, for tne fore
closure of said lien. Thereopon said
sheriff or constable shall take the
property described in said notice of
lien into his possession, and for such
purpose shall have power to foreibly, If
necessary, enter any building, garage,
or other enclosure where the same may
be stored or held, in the manner provid'
ed by law under writ of replcvin, and
shall at the time of such taking, deliver
to the person having possession of such
chattel, a copy of said lien notice, GER
titled to by the lien claimant or his at
torney, together with an itemized bill
of particulars of the said lien claim
ant S demand, also certified to by such
lien complaint or his attorneys; the per-
son or persons, claiming to own or to
have an interest in said property, may
at any time within fourteen days after
such service herein provided for, deliver
to the sheriff or constable, written
aud verified denial of any allegation
contained in said lien notice or bill of
particulars, and if such denial or an al
legation OF payment ON the part of any
such person, or persons, be 80 made and
served upon the officer then in posses
sion of said ehattel, be so made and
served upon the officer then in posses.
sion Of said ehattel such officer shall
then and in such ease retain the posses
sion of said personal property, subject
only to the order or orders of the cir
cult court having jurisdiction of the
parties, or the subject matter, in suit
to be prosecuted by such lien claimant,
which suit shall be begun and prosecut'
ed within an additional period of 10
days from the time of service upon such
officer of such denial or allegation Of
payment. In such case, if the lien
claimant shall fail to commence and
prosecute such suit within such period
of 10 days, the sheriff or constable
shall release the said personal property
from such levy and deliver the same
to the person or persons having or
claiming an interest therein If such
shit be commenced within said period Of
10 days, the sheriff or constable shall