(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, sec. 7; Code Civ. Proc., sec. 1189.

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.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,

497. Time of Commencing Action.

Every action to foreclose any logger's lien must be commenced within twenty-five days after the claim of lien is filed for record.14

498. Foreclosure Actions Against the Same Property may be United.

Any number of lienors against the same logs or timber may join in one action to foreclose their liens thereon; and when separate actions are commenced the court may consolidate them into a single action. The various parties in the consolidated action become actors against one another as well as against the owner of the logs or timber.15

499. Costs and Counsel Fees are Necessary Incidents of Foreclosure Judgment.

The money paid for filing and recording the lien claim and liabilities actually incurred for counsel fees in the superior and supreme courts

the filing of which also releases the property from the lien.

The foreclosure proceeding, however, seems to be independent of the attachment proceedings. Compare section 513, note 1, last paragraph, and section 519, note 10, below.

14 See Stats. 1877-78, p. 747, c. 484, sec. 3, as amended by Stats. 1880, p. 38, c. 49.

15 Stats. 1877-78, p. 747, c. 484, sec. 7, as amended 1887, p. 53, c. 42; Code Civ. Proc., sec. 1195, section 603, and notes, below

Liens-49

are necessary incidents of a judgment foreclosing a logger's lien, which must in every case be allowed by the superior court to each lienor whose lien is established.16

16 Stats. 1877-78, p. 747, c. 484, sec. 7, as amendel 1887, c. 42; Code Civ. Proc., sec. 1195; section 604, and notes, below.

CHAPTER 2.

THRESHER'S LIEN.1

500. Who lienor.

501. Lien assignable.

502.

503.

Time of commencing action.

Lienors entitled to pro rata distribution of fund.

500. Who Lienor.2

Every person performing any labor in, with, about, or upon any threshing machine, or the engine, horse-power, wagons, or other appurtenance thereof, while engaged in threshing, at the instance of anyone lawfully in possession thereof with the right to operate it,3 has a lien thereagainst to the extent of the value of his services.

1 This chapter is founded on Stats. 1885, p. 109, c. 125, in effect March 18, 1885.

2 See Stats. 1885, p. 109, c. 125, sec. 1.

Upon the cessation of work there results by operation of law a perfected and established lien which subsists for a period of ten days without the filing of notice or other affirmative action by the laborer: Duncan v. Hawn, 104 Cal. 10, 37 Pac. 626.

3 The actual ownership of the property is an immaterial circumstance: Church v. Garrison, 75 Cal. 199, 16 Pac. 885; Lambert v. Davis, 116 Cal. 292, 48 Pac. 123.