the county treasurer. The treasurer must hold such amount for the use of the owner subject to the order of the board of supervisors during one year, and upon the expiration thereof must pay it into the county school fund."

7 Stats. 1901, p. 603, c. 197, sec. 6.

TITLE 2.

LIENS INDEPENDENT OF POSSESSION: 1. AGAINST MOVABLE PROPERTY.

CHAPTER 1.

LOGGER'S LIEN.1

492. Who lien-claimant.

493. Lien claim must be filed.

494.

Maximum amount of liens.

495. Logger's lien a cumulative security.

496. Mode of enforcement.

497. Time of commencing action.

498. Foreclosure actions against the same property may be united.

499.

Costs and counsel fees are necessary incidents of foreclosure judgment.

492. Who Lien-Claimant.2

Every person who labors at cutting, hauling,

1 This chapter is founded on Stats. 1877-78, p. 747, c. 484, in effect March 30, 1878; with the amendments thereto of Stats. 1880, c. 49, in effect April 12, 1880, and Stats. 1887, c. 42, in effect March 8, 1887.

2 See Stats. 1877-78, p. 747, c. 484, sec. 1, in part, as amended by Stats. 1880, p. 38, c. 49, and Stats. 1877-78, p. 747, c. 484, sec. 9.

rafting or driving logs or timber,3 or who performs any labor in or about a logging camp necessary for the getting out or transportation of logs or timber, has a lien-claim thereagainst for the amount due for his personal services, but which continues merely so long as the logs or timber remain within the county in which they were cut.

493. Lien Claim must be Filed.

Within twenty days after the completion of the labor, every lien-claimant must, as a prerequisite to securing a lien, file for record in the office of the county recorder of the county where the labor was performed a verified claim setting forth

(1) the claimant's name,

(2) the general character of the labor performed by claimant,

as

3 The phraseology of section 1 of the act, amended, is "logs or lumber'; of sections 6 and 3, "such logs"; of sections 2, 4, and 9, logs or timber"; and of section 6, logs and timber."

4 A Lien-claim is the individual privilege of securing a lien, and unassignable: See sections 550 anl 563, below.

5 First paragraph is based on Stats. 1877-78, p. 747, c. 484, sec. 2.

6 Claimant's name should be stated: See section 568, note 7, below.

7 Statutory language: "A statement of his demand, after deducting all just credits and offsets. This expression is resolved into the two provisions

(3) the amount claimed to be due after deducting all just credits and offsets,7

(4) the time within which the labor was done, (5) the name of every person for whom the labor was done,

(6) the place where the logs or timber upon which the lien is claimed are believed to be

situated, and the marks thereon,

(7) the name of the owner or reputed owner thereof, and

(8) the name of the owner or reputed owner of the land from which the logs or timber were cut and hauled.9

The recorder must record this claim in a book 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 same fees as are allowed by law for recording deeds and other instruments.10

494.

Maximum Amount of Liens.

The aggregate amount recoverable upon all liens enforced against logs or timber by lien stated in the text in the cases cited in section 568, note 8, below.

8 Statutory language: "The reputed owner thereof."

9 Statutory language: "The reputed owner of the land from which the same were cut and hauled." 10 Second paragraph: See Stats. 1877-78, c. 484, 7; Code Civ. Proc., sec. 1189.

sec.

claimants furnishing personal services to a person in contractual relations with the owner of the logs or timber cannot exceed the amount unpaid such contractor by the owner at the time when the lien-claims were filed for record.11

495.

Logger's Lien a Cumulative Security.

A logger's lien is an additional and cumulative security which may be availed of by those authorized to obtain it without impairing or affecting any right of action otherwise available; nor is it waived by recourse to other remedies.12

496. Mode of Enforcement.

A logger's lien may be enforced by a foreclosure action.18 13

11 See section 591 and notes below.

Averment.-A foreclosure complaint filed by a laborer employed by a person contracting with the owner of logs which does not aver that the lien in controversy was filed before the payment by the owner of his contractor in full does not state a cause of action: Wilson v. Barnard, 67 Cal. 422, 7 Pac. 845. See Shuffleton v. Hill, 62 Cal. 483.

12 Stats. 1877-78, c. 484, sec. 7; Code Civ. Proc., sec. 1195; section 600, and notes below.

13 The statute, Stats. 1877-78, c. 484, secs. 4, 5, and 6, provides that the lienor may cause the logs or timber upon which his lien is claimed to be attached in the foreclosure action, and prescribes a form of affidavit to be used in the event of an attachment, which affirms, instead of the usual statement, that the demand is not secured by mortgage, pledge, or lien, that it is secured by a logger's lien. The attachment may be discharged by filing an adequate undertaking,