Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-04-15

so purchased and used by such con-
sumner other than in motor vehicles
operated or intended to be operated
upon any Of the public highways OF
the state, and the governor and coun-
Gil. upon the presentation OF sucn
affidavit and such vouchers, approved
by the state auditor. shall cause TO pc
repaid to such consumer from the
taxes collected on internal combustlon
engine fuels two-thirds of the said
taxes so paid by such consumer on
fuels purchased and used. other than
for motor vehicles as aforesaid; pro-
vided, that applications for refunds
as provided herein must be fled with
the state auditor within ninety days
from the date of purchase of invoice.
App. April II.
CHAPTER 213
An Act to Authorize the Recording
of Marketing Agreements of CO.
operative Agricultural Associations.
and Requiring that Liens Hereby
Attached to Crops Before Delivery
to the Association. and to the Mem
ber's Interest in the Association
After Such Delivery be Collected
Through the Association.
Sec. l. The word liens" as used
in this act, shall include all liens on.
security interests in, or claims upon
at law or in equity. by statute or
otherwise. and including the follow
ing in SO far as they attach to crops
or other farm products; crop liens.
vendors liens, labor. money. material
and supply liens. landlord and own
attachments. judgment liens and
trustee process. 1t shall also include
the lien attaching to proceeds arising
from such commodities. under the
terms of this act.
The word "lienholder" as used in
this act. shall include all persons,
firms. partnerships. corporations and
associations in whom an above de-
scribed lien Is vested. or who have
contracted for such lien.
The word Association" as used in
this act, shall include all cooperative
Citations, not conducted for profit,
created or operating under the coop
erative marketing act. chapter eighty
eight of the public laws Of nineteen
hundred and twenty-three. 1t shall
also include all similar associations.
Foreign. or domestic operating within
this state either de jure or de facto.
The words marketing agreement"
as used in this act, shall include any
proper contracts for the sale or de-
livery of farm commodities to such
associations.
The word member" as used in this
act shall signify a member Of an
above described association, his agent
or prtvy.
The word "crop." as used in this
act. shall signify any or all commodi-
ties which an association may legally
contract for in a marketing agree
ment
Sec. .. The association may file for
record an original or an authenticated
copy OF an executed marketing agree
ment IN the office OF the register of
deeds In the county. where the prop
erty IL produced. or if there be sew
eral registry districts in a county
then In the registry district where
the property is produced. The regis.
ter shall record such agreement in q
book kept for that purpose. noting
time when it was received; and il
shall be considered as recorded when
received. After the filing of such
agreement, the association may, in
lieu OF filing all other agreements
obtained from its members, cause tc
signed by its secretary or other Off.
Ger reciting that the association has
executed other marketing agreements
similar thereto giving the names and
addresses of the members party there
to. the date on which the contracts
were executed by the members. and
the date of expiration If different
from those Of the recorded agree.
ment: and such affldavit. when filed
by the association with the register
shall be recorded along with the ma r.
keting agreement. Such association
supplemental afndavits covering addi.
tional marketing agreements.
Sec. 3. The filing and recording OF
such agreements or affidavits shall
convey full notice of the existence OF
the various agreements and Of the
rights. claims and interest Of such
association in the crops covered there.
by.
Sec. 4. Whenever q crop has no,
to such association under the terms
of such recorded marketing agree.
ment. and decree OF court has not
been issued requiring delivery Of the
crop to the association. a lien shall
attach to such crop in favor of any
ton who under the laws of this state
would be entitled to such a lien in
case no such marketing agreement
concerning sucn crop existed. But
such lien shall be subject to the
Limitation that it shall not entitle
such lienholder to possession. use, en-.
5oyment or disposition Of such cror
as against such member. or associa.
ton. or one holding under them; nor
snail 1t entitle such lienholder to the
incidents and remedies of such lien
whereby the member would be de.
prived Of full possession. use. enjoy
ment and disposition Of such crop sc
far as is necessary to the further
production and delivery of such cror
in prospective fuIfillment or in per
formance OF his marketing agree.
ment: nor shall it deprive such asso.
citation OF its rights under the mar.
keting agreements to demand posses.
sion and enforce by appropriate legal
procedure its right to possession OF
such crop.
Provided. however, that whenever
such crop shall not be SO far produced
as to entitle such association to de.
livery by the member under the term,
or the marketing agreement, and or
1allure or such member to continue
producing after reasonable opportun
ty ana written notice given by the
uennolder to such member, such lien.
holder may exercise any right q,
remedy against such crop under II,
nen IN the same manner and wifi
the same force and effect as IL sucl
marketing agreement did not exist
But when such crop thereafter is nro
duced. 1t must be delivered to tn,
association for marketing, REGARDLESS,
or the rights accrued thereto.
And provided further, wheneve
such crop shall be SO far produced al
to entitle such association to delivery
under its marketing agreement, anI
fails to deliver such crop under ~.
terms thereof Ruch acsocio tion -