Page:United States Statutes at Large Volume 36 Part 1.djvu/873

 SIXTY-FIRST CONGRESS. Sess. II. Ch. 422. 1910. 849 precinct in the Territoryof Alaska, for labor erformed in (digging and so forth; describe  work). That the game of the owner of reputed_owner of the said property is ———— ————, and that ————— —-—— is the owner or reputed owner of the mine or mini ground from which the dump or mass of mineral-bearing sands, wigs, earth, . or rock and the minerals therein were extracted, ang!. that ——-— --5- employed claimant to perform such work and labor upon the followinglterms and conditions (state substance of contract, if any, or reasonab e value); that said contract has been faithfully performed and fully complied with on the plart of the claimant, who performed labor thereun er aforesaid for the period of ———— days; that said labor was performed between the ———— day of -—-—— and the -—i day of ———-———, and the rendition of said service was closed on the -j-—-——— day of ———, and ninety days have not elapsed since that $11116; that the amount of claimant s demand for said service is ————; that no part thereof has been paid (except the sum of ——-—-— dollars), and there is now due and remaining unpaid thereon, after deducting all just credits and offsets, the sum of —-—-—- dollars, in which amount he claims a hen upon said property. 7 Claimant. Territory of Alaska, ——; precinct, ss: _ ———- ——-;, being first duly sworn, on oath deposes and says, that I am the claimant (or if by some other rgerson state the fact) named in the foregoing claim; that I have hea the same read, know the contents thereof, and believe the same to be true. - Subscribed and sworn to before me this ———— day of ————--. ‘ [OfIicer’ s title.] Sec. 3. That the recorder must record every claim filed under the n¤»¤u¤g,m. provisions of this Act in books kept by him for that purpose, which record must be indexed as deeds_and other conveyances are required by law to be indexed, and for which he may receive the following fees and none other: For filing, ten cents; for recording, one dollar; for indexing, fifteen cents for each name. _ • Sec. 4. That no lien provided for in this Act shall bind anypropert uma to was •c· for a longer period than ninety dag? after the claim has en filer; °°‘ unless an action be commence wit 'n that time to enforce the same. Sec. 5. That the action for the foreclosure of the lien provided for in Junsueuan. this Act shall be begun either in the district court or in the justice’s court in the precinct where the lien was filed and the jlpstices of the peace in Alaska are hereby given full jurisdiction in the foreclosure of such liens under the dprovisions of this Act, and shall also have such other jurisidiction an power as is now conferred on them by law in aid of the enforcement of this Act, and the provisions of section VOI.31,p.44$. seven hundred and twenty-three of chapter seventy-one of the Code of Civil Procedure now in force in Alas a shall be applicable to the jurisdiction intended to be conferred by this Act. Sec. 6. That no mistake, informality, or mere matter of form or I Ameudmeupéu allack of statement, either in the lien notice or pleadings, shall be °w°d °°E°'° °“‘ ground for dismissal or unnecessary delay in the action to foreclose the lien, but the lien notice and p eadings may be amended at any time before (judgment, and section ninety-two of chapter eleven of V0l.31,p.346. the Code of ivi Procedure now in force in Alaska shall apply to such . amendments: Provided, That if it be shown that a material statement Pmw. I or averment has been omitted or misstated, it shall be ground for peli§°§i°a.§`.£b‘° d° " ‘ a reasonable delay or continuance to give the defendant a reasonable opportunity to meet it upon amendment.