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ACT 4347.

To secure the payment of claims of materialmen, mechanics, or laborers employed by contractors upon state, municipal, or other public work. [Stats. 1897, p. 201.]

Amended 1911, p. 1422; 1915, p. 926. Repealed 1919, Stats. 1919, p. 487. See post, Act 6423.

While this act was repealed by section 3 of the Act of May 10, 1919, Stats. 1919, p. 487, there was no mention of the repeal in the title of the repealing act.

ACT 4348.

An act giving a lien to loggers and laborers, employed in logging camps, upon the logs cut and hauled by the persons who employ them,

[1. Approved March 30, 1878. Stats. 1877-78, p. 747. 2. Amended April 12, 1880. Stats. 1880, p. 38. 3. Amended March 8, 1887. Stats. 1887, p. 53.]

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§ 1. Labor with logs; lien upon. A person who labors at cutting, hauling, rafting, or driving logs or lumber, or who performs any labor in or about a logging camp necessary for the getting out or transportation of logs or lumber, shall have a lien thereon for the amount due for his personal services, which shall take precedence of all other claims, to continue for thirty days after the logs or lumber arrive at the place of destination, for sale or manufacture, except as hereinafter provided. [Amendment approved April 12, 1880; Stats. 1880, p. 38.]

§ 2. Lien to cease; how and when. The lien hereby created shall cease and determine unless the claimant thereof shall, within twenty days from the time of such labor shall have been completed, file and record in the office of the county recorder of the county where such labor was performed a verified claim, containing a statement:

First. Of his demand, after deducting all just credits and offsets. Second. The time within which such labor was done.

Third. The name of the person or persons for whom the same was done.

Fourth. The place where the logs or timber upon which such lien is claimed is believed to be situated, and the marks upon the same. Fifth. The reputed owner thereof; and,

Sixth. The reputed owner of the land from which the same were cut and hauled.

§ 3. Suits to be commenced in proper courts. All liens hereby provided for shall cease and determine unless suit to foreclose the same

shall be commenced in the proper court within twenty-five days from the time the same are filed. [Amendment approved April 12, 1880. Stats. 1880, p. 39.]

§ 4. Plaintiff to have lumber attached. The plaintiff in any such suit, at the time of issuing the summons, or at any time afterward, may have the logs or timber upon which such lien subsists attached, as further security for the payment of any judgment he may recover, unless defendant give him good and sufficient security to pay such judgment, in which event such logs shall be forthwith discharged by the sheriff from such attachment, and from the lien hereby created.

§ 5. Clerk to issue writ. The clerk of the court must issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff, showing:

First. That defendant is indebted to the plaintiff upon a demand for labor, for which his claim has been duly filed in accordance with section two of this act.

Second. That the sum for which the attachment is asked is an actual bona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor or creditors of the defendant.

§ 6. Sheriff to attach logs. The writ must be directed to the sheriff of the county, and must require him to attach and safely keep the logs and timber specified in such lien, or so much thereof as may be sufficient to satisfy plaintiff's demand, unless the defendant give good and sufficient security, as provided in this act, in which case to take such security and discharge any attachment he may have made, and to deliver up such logs to defendant, who shall receive the same free from the lien upon which such suit is brought.

§ 7. Sections made applicable. Sections five hundred and thirtynine, eleven hundred and eighty-nine, eleven hundred and ninety-five, eleven hundred and ninety-seven, eleven hundred and ninety-eight, and eleven hundred and ninety-nine of the Code of Civil Procedure are hereby made applicable to this act. [Amendment approved March 8, 1887. Stats. 1887, p. 53.]

§ 8. Attachment; how made. Such attachment shall be made by taking such logs into possession, and the sheriff shall make an inventory and return of his proceedings as directed in chapter four, title seven, of the Code of Civil Procedure.

§ 9. Where lien shall extend. The lien provided for by this act shall in no case extend beyond the limits of the county in which the logs or timber in controversy were cut.

§ 10. Time of taking effect of act. This act shall take effect and be in force from and after its passage.

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Concerning this statute the code commissioner says that so much of it as it is deemed necessary to preserve is codified by § 3065 of the Civil Code. See Civil Code, Legislation § 3065. As there was repeal of this statute, however, it is inserted here.-Code Commissioner's Note.

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TITLE 323.

LIGHTHOUSES.

ACT 4358.

An act concerning submarine sites for lighthouses and other aids to navi gation on the coast of this state. [Approved March 26, 1874.

Stats. 1873-74, p. 621.]

This act authorized the governor to convey sites for the purposes indicated to the United States.

Codified by § 35, Political Code, added in 1907.

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Incorporating. [Stats. 1875-76, p. 913.]

Superseded by incorporating, in 1900, under Municipal Corporation Act of 1883. See post, Act 5233.

TITLE 325.
LODGING-HOUSES.

ACT 4378.

Relating to lodging-houses and sleeping apartments. [Stats. 1875-76, p. 759.]

Codified by § 401a of Penal Code, 1905. See note to § 401a, Penal Code.

This act is known as the cubic air law. It provided for the number of cubic feet required for each person.

TITLE 326.
LOGS.

ACT 4388.

Establishing a scale for the measurement of logs. [Stats. 1877-78, p. 604.]

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§ 1. One standard of measurement. There shall be but one standard for the measurement of logs throughout this state.

§ 2. Standard for measurement of logs. The following table, known as Spaulding's Table for the Measurement of Logs, is hereby made the standard and table for the measurement of logs throughout this state, to wit:

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61 2,447

31

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2,530

15

657

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32

63

2,614

15

701

33

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