Page:United States Statutes at Large Volume 44 Part 1.djvu/1605

 1591 TITLE '.$8.—TERRITORIE»S'. ‘ kind or work in producing any nilneral·bearing sands, gravem, earth, or rock, gold or gold dust, or-other minerals, or lshall aid or assist therein by his labor as cook, engineer, Bremen; or in _ cutting and delivering wood used in saidwork, or i#work tn any like capacity in producing the dump, shall, where his labor directly aided in such production, have a lien upon the dump or mass of minerabbearing sande, gravels, earth, or rocks, and all gold and gold dust, or other minerals therein; and all gold and. gold dust extracted therefrom, for the full amount. or wages for ali. the tiine whieh. hé was so employed as suéh laborer in producing the `sald dump, within one yeannext preceding his ceasing`— to labor thereon; and to the extent or the labor ot the said _ miner or other laborer actually employed or expended thereonQ ·within one year gnext prior ‘ to ceasing to labor thereon, the saidlien shall be prior to and preferred over any deed, mortgage, `bill` of sale, attachment, conveyance; or other claim, l whether the same wad made or given prior to such 4 labor or not: Provided, That this preference shall not apply to any such deed, mortgage, _ bill of "sale, attachment, ‘convey¢ Q ance, or otheiclaim glvenin good faith-and-tor_ value prior to l June 25, 1910. (June 5, 1910, c. 422,1 1, 36-Stat. 848.) - a 396. Filing claim of lien; fora. of _ claim.--—Ever,y. laborer, within ninety days` after the completion of __,the performance ot the work or labor mentioned in section 395 "of this title who ashall claim the bweiit thereof, must, personally or by some other personlor him, me for record ‘in the recording precinct where the labor was performed a clalmj of lien. containing a statement ot his demand under oath, substantially in the `tollowing form: · ’ t ” i_ ‘ ._ Notice ot Laborer’a Lien Territory ot Alaska, ---¤-—- precinct, ss.: t V _ , ·—-—·-4  claimant, against ·-·i——-¥——   defendant. a Notice is hereby given that ·-—--·-·-·;-  claimant, claims a lien upon (describing the dump or mass of. minerabbearing sands, gravels, earth, or rook, and its location with reasonable eertainty) in the precinct, in the Territory of Alaeka, for labor performed re (digging, and so forth; describe the work). That the name ot the owner or! reputed owner o1 said propertyfls -—-;-—-——-»- --—--·—, and that--—-ee-—-t--·—-5 is the owner or reputed owner ot the mine or mining ground from d which the dump or mass not mlneralrbearlng xeands, — graveln, earth or rock and the minerals therein were extracted, and ' e that ··-—--·———-· ·-—-·-—-—·- employedclaimant to` perform eueh wor! and labor upon the following terms j and conditions (etate substance ot eontraot, if any, or reaaonable value) ; that said contract han been faithfully performed and fully complied with on the part ot theclainzant. who performed, labor there W under aforenld for the period- of -·-·--———·>-·—· days;" that said ` labor eras performed between the -—#-——·—·—¥- day `ot —--i-—-—q- and ath; ··--—-··—·~—- da; ot ·-———-4-, and the rendition ot eald aervlce wal closed on the --;-—···-··-·-— day of  and ninety days have aoa ¤ elapsed since that time; that the amount of c1aimaqt’s demani tor aald service to —-·-·—-—-; that no part thereor has own paid (eicept the sum ot.--g-— dollars),_and there ia·n0w due dnt remaining unpaid thereon, alter deducting all just eredita ant oftaets, the num ot -·-·-—·—-—·-· dollars, [Qu whiclfamount he claim: _ a lien uponraid property. _ ‘ g . · ‘ Claimant. . Terrltory» ot Alaska}   precinct, es.: ( h · ——·~——-e--· ————··—-·-, being Bret duly sworn; on -oatli_ deposes am says, that I am the claimant (or it by some other “perso1 state thefact) named in · the foregoing claim: thaf I have heard the same read, know the contents thereof, and ,believthe aame_3;o be true. . _ ~ . . _· A _ —» _ S uhserll>ed and sworn to before me this Q5 day of -·—-·-·—-·· ., ', . [Omcefa title.] — (June 5, 1910,-c. 422, { ,2, 36 Stat. 848.) “

um 12vsvLAR POSSESSIONS § 401 • I f .- 337. Recording claim of lien}-¥Tl1e recorder musf“lYecord every claim illed under the provisions ofsectione 395 and 396 of this title lu_bo0ks keptby him for that.·pgu·pose, which record must be indexed as deeds and other convéyances are required bylaw to be indexed and forwhiclx he may receive the following tees and none other: For {lling, 10 cents; for recording, $1; tor indexing, 15.ceuts foreach name, (June 25, 1910, c. 422, § 3, 36_Stet. 849.) y ‘ .Y · “ 398. Duration of·lien.—·No lien provided for in section 395 of this title shall bind any property for a longer period. than, ninety days after the claim has been illed, xinless an action be commenced within that' tirhe to enforce the sazne. (June.25, 1910, c. 422, '§ 4, 36 Stat. 849.) j ”. at . 399. Foreclosure of liens} jIurisdictioa.—The action for the c. forec10sure_of the lien provided for in sections 395- to 405 of 4. this `title shall be begun either in the district court or in the o juatice’s court in the precinct where the lieu was Bled and the ‘ V ‘ justices of the peace in Alaska are given tall jurisdiction in · the foreclosure of such liens under the provisions ot this divii · sion or this chapter, and` shall also have such other jurisdic- - tion `andpower as is conferred on them by law in aid of the E enforcement of said sections, and the provisions of section 723 r of chapter 71 of the Code of Civil Procedure in force on June · 25, 1910, in Alaska shall be applicable to the jurisdiction ini tended to be conferred ‘ hereby; (June 25, 1910, c. 422, §·5, >_ seem, s4o.)· — - " e  ~ ~ r   400. Defects in lieu notice ‘or in proceedings sto forcclose · cured by •me¤dme¤t.—¤-=No mistake, lntormality, or jmere mat; · ter ot form or lack of statement, either in the lien notice or e pleadings, shall be ground for dismissal or unnecessary delay ` in the action to toreclose the lien, but the lien notice and pleadings may be amended at any time before judgmenqand F section 92 of chapter 11 of the Code of Civil Procedure in I force in Alaskan ou June 25, 1910, shall apply to `shch amendy - ment. Ilf it he `zsbowu that a materlafstatement or averment . has heed omitted or misstated, it_ shall be ground for a rea-  r sohable delay or continuance to give the defendant a reason- I, able opportunityito meetlt upoh amendment. (Janie 25, 1910,- ? ¤· 422;} 6. 86 Stat.‘849.·)  W H ,__`_ r _ 401. Proceeding to foreclose lien; intervention by adverse . claimants.-·=—The claimant may me the original or a certiiied I copy ot the notice of lien in the district or jastice’s court as F the statement of his case; and thereupon the court _ or justice ¢· shall iasueathe usual summons directed to the detendent or I defendants, whlch summons, —`together with a copy ot the lien lc ¤¤ucs,a¤1»;1;, by ani omcer authorixd to serve process, be — served upon the detendent or defendants, as provided in' sec- B, in force ln. Alaska ou°J'une 25, 1919. The summons shall re- ! quire the defendant or defendants to appear before such court b or justlce at a time and a place to be named therein, not less · I than elx nor more than twenty days; from the date thereof, to lc answer the demand of the claimant in the said lien notice, or 1 l judgment for want ot, an answer will be taken against them! l Service by publication may be had pursuant to sections 47 end 48 ot chapter 4 oi eald Code or Civil Procedure. The p 'omcer serving the summons shell also immediately post a copy orsaid lien` notice in a conspicuous place on the dump or mass — of  DllIl&1‘&rb»€81’lllK sands; gravels, earth, or rock, and gold and gold dust, and other minerals therein upon gvhlch the lien  _ 1 Bled, end from the moment of posting- the lien uo‘$;ioe the diunp ¤ or mess or mluerabbearieg send; grevele, earth, and rock. a and gold and gold dust, and other minerals therein shall be B` lu the oustody and Under the control of the otllcer. All per-· " seas who claim any interest therein in opposition to the lien ·. claimant may come in and answer and set rip and-defends their said claims, but no claim or claims of any owner, lessee, or ' other adverse defendant shall bar the lien claimant from recovering the sum due him for actual labor in producing the
 * tions M0 and 951 of chapter 92 ot the Code of Civil Procedure