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

seouent to the filing and recording
Of the marketing agreement or AM
davit covering such crop ana prior
to the date of the expiration o ,mer Iien
interest in, or claim against such
crop, but he shall instead acquire
lien on the claim OF the MEMBER
against the association for the net
whether specific proceeds or prorated
proceeds of graded or other pools, or
against the members net interest in
the association through his delivery
of the commodity under the market
ing agreement: The rights Of the
limitations and restrictions as to the
sale. disposal. or use of such crop or
| the net proceeds thereof as are i'm
posed on the member by the recorded
marketing agreement.
Sec. 6. Any person entitled to
! consistent with this act. within the
time and In the manner prescribed
elsewhere by the law of this state,
| file a verified statement or other evil
dence and perform all acts such as
are required by law for perfecting
| which would arise under similar
} facts in the absence of this statute
! Sec. Z. When a lien or contract
| for lien arises by the will or mu-
| tual agreement of the member and
/ the lienholder. the lienholder. in or
der to effect lien under this act
must give written notice to the assoc
citation at it's main office of the agree
,, ment at the time of entering into it
| and of the lien at the time OF Its
| arising. When lien arises other
than BY the viii Of the parties eSb or by
, must give notice to the association
/ at its main office of the lien at the
! time of the default of the member
giving rise thereto Provided. how
ever. that. if the affairs of said asso-
citation are being conducted through
such central agency as set forth in
! section five of this act. all notices
/ hereunder shall be given to said CEN
| trail agency at it's main office.
Sec. s. The association must with
! in ten months of the delivery of
crop. sell such crop or a similar crop,
| out of the proceeds of such sale after
deductions therefrom as provided by
! the marketing agreement. during
such period and up to the time or
such sale. advance payments due the
/ member must be paid to the lien
holder up to the amount of his lien.
| IL such advance payments exceed the
| final net distribution, the association
may recover from such member the
amount of the excess. Nothing mere
| IN Slail cause an dSSoSlotioib w w
! liable to any person in case a crop
| is not delivered to it. or obligate II
! to sell any greater amount OF any
I crop than is required to pay or such
/ lien: nor shall any association IN any
case be liable for greater amount
: than the net proceeds Of the sale OF
! any crop less deductions as provided
| by the marketing agreement.
| Sec 9. In case of refusal or such
association to pay over the proceeds
! Of the sale of such crop under the
| conditions prescribed above. such
iienhoider may by appropriate civil
! action joining the member and asso.
citation bring suit for the recovery or
the value of his lien. Any judgment
! in such action shall run solely against
the association. and sati sdaf
, quit and discharge it from any claims
! of or liability to the member up TO
the amount of the judgment. In such
action the association may lnterpose
! any defense available to itself or 10
nothing in this act shall operate SO
as to deprive such lienholder or any
action allowed him by law against
, such member for recovery or the aep.
| secured by the lien: and proVldeo
further that any right of action arls,
ing under this act or otherwise shall
be limited by statutes OF limitation
prescribed by law for the enforce
ment of liens which would arise un-
der similar facts in the absence OF
this act.
Sec. 10. Every association shall.
before any marketing agreement OF
affidavit is flied and recorded as pre-
scribed in this act. pay the fees speci,
fed in this section for such fling ana
recording.
70 the register in the county or
registry. district in which nleo ana
recorded, as follows:
Original or authenticated copy or
marketing agreement. fifty cents.
| AFFIDAVIT, mentioned in section
three. fifty cents. plus one additlonal
cent for each member listed therein.
Sec. II. No association shall come
under the terms of this act unless
and until the association shall nave
deposited with the secretary OF state
annually. to be payable to and ap-
proved by him and subject to increase
on his demand in case of depletion
thereof, good and sufficient BOND
with sureties or a surety company
authorized to do business in the state,
in the following amounts: When the
total gross value of business done by
the association in the next previous
than one million dollars. the bond
shall be fifty thousand dollars; when
greater than one million dollars but
less than two and one-half million
dollars. the bond shall be seventy
five thousand dollars: when two and
bond shall be one hundred thousand
dollars. Such bond shall be condi-
toned that the association will full
fill all of its obligations as provided
security. for the payment of judg-
ments obtained by lienholders against
the association under the terms of
this act. The bond for the first year
in which any cooperative shall con-
duct any business shall be in the
Provided. however. that, if the affairs
of the association are being conducted
through such central agency as set
forth in section five of this act. the
bond provided for by this section
shall be given by said central agency
associations whose affairs are con-
Quoted through such central agency
so that said central agency shall an
nually be required to furnish but one
tons. Such bond SO given by said
central agency shall be binding on
all such associations and contain the
same conditions. serve as security for
the same payments. and the amounts
of said bond shall be in the same
amounts. as above set forth. s de-
termined by the total gross value of
business done through said central
agency in the next previous calendar
year.
Sec. -. Any lienholder who. in
violation of this act, shall knowingly
and wilfully seize or receive or cause
to be seized or received any crop, or
who shall knowingly and wilfully en-
force or attempt to enforce except by
appropriate civil process lien
against such crop contrary to this
act shall be guilty of misdemeanor
and shall be subject to fine of not
less than one hundred dollars and not
more than one thousand dollars for
each offense: and shall be liable to
the association aggrieved in a civil