and are now lying in

, for labor performed upon and assistance rendered in (cutting or manufacturing logs or lumber). That the name of the owner, or reputed owner, is -; that employed said to perform such labor and render such assistance upon the following terms and conditions (state contract, if any, or reasonable value); that said contract has been faithfully performed and fully complied with on the part of said who performed labor and assisted in (cutting or manufacturing) for the period of that said labor and assistance were so performed and rendered upon said property between the and the and the rendition of said service was closed on the of and thirty days have not elapsed since that time; that the amount of claimant's demand for said services is ; that no part thereof has been paid (except -), and there is now due and remaining unpaid thereon, after deducting all just credits and offsets, the sum of in which amount he claims a lien upon said property.

I,

day of

day of day

being first duly sworn, on oath say that I am the named in the foregoing claim; that I have heard the same read, know the contents thereof, and believe the same to be true.

Filing claim for stumpage.

Record of claim.

Limitation bringing action.

Jurisdiction.

Against

be enforced.

for

what

SEC. 287. Every person mentioned in section two hundred and eighty claiming the benefit thereof must file for record with the recorder of the precinct in which such saw logs, spars, piles, and other timber were cut a claim, in substance the same as provided in section two hundred and eighty-six, and verified as therein provided.

SEC. 288. The recorder must record every claim filed under the provisions of this title in books kept by him for that purpose, which records must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds or other instruments.

SEC. 289. No lien provided for in this chapter shall bind any saw logs, spars, piles, lumber, or other timber for a longer period than six months after the claim, as herein provided for, has been filed, unless an action be commenced within that time to enforce the same; and no lien of any kind or character shall be had upon any lumber or logs after the same shall have been placed in any building or upon any spars or piles after the same shall have been put in use for the purpose for which they were intended.

SEC. 290. The liens provided for in this chapter shall be enforced by an action and shall be governed by the laws regulating the proceeding relating to the mode and manner of trial and the proceedings and laws to secure property so as to hold it for the satisfaction of any lien that may be against it.

SEC. 291. Any person who shall bring an action to enforce a lien timber lien may herein provided for, or any person having a lien as herein provided for, who shall be made a party to any such action, has a right to demand that such lien be enforced against the whole or any part of the saw logs, spars, piles, or other timber or manufactured lumber upon which he has performed labor, or which he has assisted in obtaining or securing, or which has been cut on his timber land during the six months mentioned in sections two hundred and eighty-four and two hundred and eighty-five, for all his labor upon or for all his assistance in obtaining or securing the logs, spars, piles, or other timber, or in manufacturing said lumber during the whole or any part of the six months mentioned in section two hundred and eighty-four, or for

timber cut during the whole or any part of the six months mentioned in section two hundred and eighty-five.

SEC. 292. Any number of persons claiming liens under this title may join in the same action, and when separate actions are commenced the court may consolidate them. The court may also allow, as part of the costs, the moneys paid for filing and recording the claim, and a reasonable attorney's fee for each person claiming a lien.

Joinder of liens.

Judgment lien;

Sale when prop.

SEC. 293. In such action judgment must be rendered in favor of each person having a lien for the amount due him, and the court shall order execution. any property subject to the lien herein provided for to be sold by the marshal in the same manner that personal property is sold on execution, and the court shall apportion the proceeds of such sale to the payment of each judgment pro rata, according to the amount of such judgment. SEC. 294. The judge of the court may, in vacation, upon motion, supported by affidavit, showing that the property is liable to loss or erty is subject to destruction, order any property subject to a lien as in this title loss or destruction. vided to be sold by the marshal as personal property is sold on execution before the judgment is rendered, as provided in section two hundred and ninety-three, and the proceeds of such sale must be retained by the marshal until judgment, to be applied as in the section directed.

pro

lien.

SEC. 295. Any person, firm, or corporation who shall injure, impair, Preventing the or destroy, or who shall render difficult, uncertain, or impossible of identification of identification any saw logs, spars, piles, or other timber knowing the lumber subject to same to be subject to a lien, as herein provided, without the express consent of the person entitled to such lien, shall be liable to the lien holder for damages to the amount secured by his lien, which sum may be recovered by an action against such person, firm, or corporation, without bringing the suit as provided for in section three hundred and two of this code:

Provided, In all such actions the principal debtor shall be made a codefendant.

in book.

SEC. 296. Whenever any personal property shall be consigned to or Consignee or dedeposited with any forwarding merchant, wharf, warehouse, or tavern positary to enter keeper, or the keeper of any depot for the reception and storage of receipt of property trunks, baggage, merchandise, or other personal property, such consignee or bailee shall immediately cause to be entered in a book kept by him a description of such property, with the date of reception thereof.

When bailee to

erty.

of

of prop

SEC. 297. If such property shall not have been left with such consignee or bailee for the purpose of oeing forwarded, disposed of, or notify owner kept according to directions received by such consignee or bailee at receipt or before the time of the reception thereof, and if the name and residence of the owner of such property be known to the person having such property in his possession, he shall immediately notify the owner,

When bailee

by letter directed to him and deposited in the post-office, of the reception of such property.

SEC. 298. If any such property shall not be claimed and taken away may sell property. within one year after the time it shall have been so received, the person having possession thereof may, at any time thereafter, proceed to sell the same in the manner provided in this chapter.

Notice of sale,

owner.

SEC. 299. Before any such property shall be sold, if the name and when to be given residence of the owner thereof be known, at least sixty days' notice personally to of such sale shall be given him, either personally or by leaving a notice at his residence or place of doing business; but if the name and residence of the owner be not known, or if service can not be made as above provided, the person having the possession of such property shall cause a notice to be published, containing a description of the property, for the space of six weeks successively in a newspaper if there be one published in the same precinct; if there be no newspaper published in the same precinct, then the notice shall be published in a newspaper nearest thereto in the district; the last publication of such notice shall be at least eighteen days previous to the time of sale.

Proceeding when property not claimed.

Inventory and order of sale.

Sale by marshal, notice of.

Return of marshal, and fees.

Commissioner to pay charges.

SEC. 300. If the owner or person entitled to such property shall not take the same away and pay the charges thereon within sixty days from the first publication or service of notice as above provided, it shall be the duty of the person having possession thereof, his agent or attorney, to make and deliver to the commissioner of the same precinct an affidavit setting forth a description of the property remaining unclaimed, the time of its reception, the publication or service of the notice, and whether the owner of such property be known or unknown.

SEC. 301. Upon the delivery to him of such affidavit the commissioner shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall annex to such inventory an order under his hand that the property therein described be sold by the marshal at public auction.

SEC. 302. It shall be the duty of the marshal receiving such inventory and order to give ten days' notice of the sale, by posting up written notices thereof in three or more public places in such precinct, one of which shall be the post-office, or immediately adjacent thereto, and to sell such property at public auction to the highest bidder, in the same manner as provided by law for sales under execution from commis

sioners.

SEC. 303. Upon completing the sale the marshal making the same shall indorse upon the order aforesaid a return of his proceedings thereon, and return the same to the commissioner, together with the inventory and the proceeds of sale, after deducting his fees.

SEC. 304. From the proceeds of such sale the commissioner shall pay all legal charges that have been incurred in relation to such property, or a ratable proportion of each charge if the proceeds of the -balance paya- sale shall not be sufficient to pay all the charges; and the balance, if any there be, he shall immediately pay over to the clerk of the district court, and deliver a statement therewith containing a description of the property sold, the gross amount of such sale, and the amount of costs, charges, and expenses paid to each person.

ble to clerk of court.

Clerk to make entry.

Owner

may

SEC. 305. The clerk of the district court shall make an entry of the amount received by him and the time when received, and shall file in his office such statement so delivered to him by the commissioner. SEC. 306. If the owner of the property sold, or his legal representaclaim and receive tives, shall, at any time within five years after such moneys shall deposit from clerk have been deposited with the clerk of the district court, furnish satiswithin five years. factory evidence of the ownership of such property, he or they shall be entitled to receive from him the amount so deposited in his office.

SEC. 307. If the amount so deposited with the clerk of the district court shall not be claimed by the owner thereof or his legal representatives within the five years, the same shall belong to the United States.

If proceeds not claimed.

perishable

SEC. 308. Property of a perishable kind and subject to decay by Sale of decaying keeping, consigned or left in manner before mentioned, if not taken and away within thirty days after it shall have been left, may be sold by property. giving ten days' notice thereof, as provided in section three hundred and two, the sale to be conducted and the proceeds of the same to be applied in the manner before provided in this chapter: Provided, Any property in a state of decay, or that is manifestly liable immediately to become decayed, may be summarily sold by order of a commissioner, after inspection thereof, as provided in section three hundred and two of this chapter.

mar

SEC. 309. The fees allowed to any commissioner under the provisions Fees of commisof this chapter shall be three dollars for each day's service, and to any sioner and marshal the same fees as are allowed by law for sales upon execution, and ten cents a folio for making an inventory of property.

SEC. 310. Any interest in personal property which is capable of being transferred may be mortgaged.

shal.

Chattels may be mortgaged.

Requisite to va

SEC. 311. A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and incumbrancers lidity of chattel of the property in good faith for value, unless

(1) The possession of such property be delivered to and retained by the mortgagee; or

(2) The mortgage provide that the property may remain in the possession of the mortgagor and be accompanied by an affidavit of all the parties thereto, or, in case any party is absent from the precinct where such mortgage is executed, at the time of the execution thereof, an affidavit of those present and of the agent or attorney in fact of such absent party, that the same is made in good faith to secure the amount named therein, and without any design to hinder, delay, or defraud creditors, and be acknowledged and filed as hereinafter provided.

mortgage.

SEC. 312. Subject to the provisions of the next preceding section, Mortgage by one member of a firm of general partners may alone execute a mort- partnership. gage of personal property and make the affidavit therein required on behalf of the firm, and the mortgage so executed and the affidavit so made is as valid as if executed and made by all the partners or their agent or attorney in fact. In case of a corporation the president, secretary, or managing agent thereof may make the affidavit on its behalf. SEC. 313. Every mortgage of personal property shall be acknowl- Acknowledg. edged by the mortgagor or person executing the same, in the manner provided for the acknowledgment of conveyances of real property, before some officer authorized by law to take acknowledgments of deeds.

ment.

Filing of mort

recorder.

SEC. 314. Every mortgage of personal property, together with the gage and duty of affidavits of the parties thereto or a copy thereof, certified to be correct by the person before whom the acknowledgment has been made, must be filed in the office of the recorder of the precinct where the mortgagor resides, and of the precinct where the property is at the time of the execution of the mortgage, or, in case he is not a resident of the district, then in the office of the recorder of the precinct where the property is at the time of the execution of the mortgage; and the recorder must, on receipt of such mortgage or copy, indorse thereon the time of receiving the same, and file and keep the same in his office for the inspection of all persons, and shall enter in a book, properly ruled and kept for that purpose, the names of all the parties-the names of the mortgagors to be alphabetically arranged-the consideration thereof, the date of its maturity, and the time of filing the same. SEC. 315. Every mortgage filed as provided in this chapter shall be mortgage to be re- void as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless within thirty days next preceding the expiration of the term of one year a true copy of such mortgage, with a verified statement exhibiting the interest of the mortgagee in the property at the time the same is renewed, as claimed by virtue of such mortgage, is again filed in the office where the original was filed; and the effect of such renewal shall be to extend the lien of the mortgage as against the creditors, purchasers, and incumbrancers of the property for the further term of one year.

When and how

newed.

Rights of subsequent mortgagee.

Mode of attach

chattels.

SEC. 316. Any subsequent mortgagee of personal property upon which a prior mortgage exists, which has been extended or renewed as provided in section three hundred and fifteen of this title, may, at any time during the existence of such mortgage, pay the amount of the debt and interest owing and secured thereby, as shown by such verified statement and mortgage, or deposit the full amount thereof with the recorder of the precinct wherein such verified statement and mortgage are filed, subject to the order of the mortgagee, his legal representatives or assigns, and the receipt or duplicate receipt for such payment or deposit shall be filed in the office and attached to said mortgage, and thereby such subsequent mortgagee shall be subrogated to all the rights of the prior mortgagee under such mortgage.

SEC. 317. Personal property mortgaged may be taken on attachment ment of mortgaged or execution issued at the action of a creditor of the mortgagor; but before the property is so taken the officer must pay or tender to the mortgagee or the assignee thereof the amount of the mortgaged debt and interest, or must deposit the amount thereof with the recorder of the precinct in which the mortgage is filed, payable to the order of the mortgagee or the assignee thereof; and when the property then taken is sold under process the officer must apply the proceeds of the sale as follows:

Certified copy in

inal.

(1) To the repayment of the sum paid to the mortgagee or the assignee of said mortgage, with interest from the date of such payment; and

(2) The balance, if any, in like manner as the proceeds of sale under execution are applied in other cases.

SEC. 318. A copy of any mortgage of personal property made, case of loss of orig- acknowledged, and filed as provided in this chapter, certified by the recorder in whose office the same shall be filed, may be read in evidence in any court in the district without further proof of the execution of the original, if the original be lost or out of the power of the person wishing to use it.

Extent of pro

SEC. 319. The provisions of the foregoing sections of this chapter visions of this shall extend to all such bills of sale, deeds of trust, and other conveychapter. ances of goods, chattels, or personal property as shall have the effect of a mortgage or lien upon such property.