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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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tract ])}• which a cargo, or some part thereof, is hypothecated
as security for a loan, the repayment of which is dependent
on maritime risks.

IllNtory: Enact. d March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

As to bottomry and respondentia, see note 5 3017, ante.

§ 8037. RESPO>'DEMI.i HY OWNER. The owner of cargo
may hypothecate it ui)on respondentia, at any time and place,
and for any lawful purpose.

Hlatoryi Enacted March 21, 1872.

As to bottomry and respondentia, see note ji 3017, ante.
As to owner's rlRlits. see Kt-rr's Cyc. C C. |301S ami note.

§.30.3S. KESIM»M)E>TI.V BV .MA.STEK. The master of a
ship may hypothecate it.s cargo ui)i)n resp«)ndentia only in a
case in which he would be authorized to hypothecate the ship
and freightage, but is unable to borrow sufficient money
thereon for repairs or supplies which are necessary for the
successful accomplishment of the voyage: and he cannot do
so, even in such case, if there is no reasonable prospect of
benefiting the cargo thereby.

Hiatorys Enacted March 21, IST.'.

As to bottomr> and respondentia, see note I 3017. ante.
As to master's authority, see Kerr's Cyc. C. C. If 3019, S03C
and notes.

1513



§§ 3039, 3040 CIVIL CODE. [Div.III,Pt.IV.

§ 3039. RATE OF INTEREST. The provisions of sections
three thousand and twenty-two to three thousand and twenty-
nine apply equally to loans on respondentia.

History: Enacted March 21, 1872.

As to bottomry and respondentia, see note § 3017, ante.

As to priority, see Kerr's Cyc. C. C. § 3029 and note.

As to rate of interest, see Kerr's Cyc. C. C. § 3022 and note.

§ 3040. OBLIGATIONS OF SHIP-OWNER. The owner of a
ship is bound to repay to the owner of its cargo all which
the latter is compelled to pay, under a contract of respondentia
made by the master, in order to discharge its lien.

History: Enacted March 21, 1872.

As to bottomry and respondentia, see note § 3017, ante.

As to obligations of ship-owner to owner of cargo sold, see
Kerr's Cyc. C. C. § 2385 and note.

As to personal responsibility of master, see Kerr's Cyc. C. C.
§ 2383 and note.



1514



Tit.XIV.ch.VI.] VENFxurs LIEN. §3046

CHAPTER VI.

OTHER LIENS.

S 3046. Lien of seller of real property.

I 3047. When transfer of contract waives lien.

§ 3048. Extent of seller's lien.

S 3049. Lien of seller of personal property.

g 3050. Purchaser's lien on real property.

§ 3051. Lien upon personal property for services performed.

§ 3052. Liens on personal property. [Lienholder may sell.]

i 3053. Lien of factor.

§ 3054. Banker's lien.

I 3055. Shipmaster's lien.

§ 3056. Seamen's lien.

S 3057. Officer's lion.

S 3058. Judg-ment lien.

S 3059. Mechanic's Hen.

13060. Lien on ships.

I 3061. Lien of workmen on thre.>iliiniQr machines, etc.

I 3062. Lien of person in charge of stallion, etc.

§ 3063. Claimant of lien must (lie verified claim. Such claim a

notice to suhsefiuent purchasers.

8 3064. Action to enforce lien.

S 3065. "Logger's lien. T'pon what lien suhsists. Lion ceases,

when.

§ S04«. MEN OF SELLER OV KEAL PRCJPEKTY. Ono who

sella real property has a vendor's Hen thereon, independent
of possession, for so much of the price as remains unpaid
and unsecured otherwise than by the personal obllRation of
the buyer.

IllMtiTM EiiiHf.d March 21, 1872.

See Kerr's Cyc. C. C. for 47 pars, annotation.

57 C. 467, 471 (applied); 87 C. 619. 625, 22 A. S. 272, 25 V. 91?.
920 (construed and applied) : 89 C. 89. 93, 24 P. 608. 13 I* 187
(construed): 98 C. 30, 33, 32 P. 807 (con.^trued) : 116 C 264. 259.
48 P. 73 (referred to); 119 C. 364. 372. 373. 51 P. 549. 955 (ap-
plied); 123 C. 208. 212. 65 P. 791 (applied); 125 C. 357. S60. 7S A.
S. 47. 58 P. 16 (applied — purpose of 15 3046. 3047. and 3018 wnn
to make equity rule as to vendors' lions more clear and defi-
nite).

As to distinction between vendor's lien In executory con-
tract of sale and after title has passed, sec 1 A. S. 256.

1516



§ 3047 CIVIL CODE. [Div.III,Pt.IV.

As to effect of execution sale of vendee's interest in land
under contract of purchase, see 89 A. D. 370.

As to enforcement of vendor's lien, see 77 A. D. 101; 7 L. 35.

As to execution of vendor's lien by statute of limitations, see
ante § 2911; also 73 A. D. 469; 31 A. S. 41; 95 A. S. 663.

As to priority of vendor's lien on property of insolvent cor-
poration, see 71 A. S. 384.

As to priority of vendor's lien over dower, see 46 A. D. 69;
note 4 L. 606.

As to priority of vendor's lien over mortgage, see 73 A. D.
203.

As to rig-ht of purchaser at sale under vendor's judgment for
purchase money, see 62 A. D. 368.

As to right of vendor to maintain an ejectment, see 50 A. D.
232.

As to sale on execution of lien reserved for purchase money,
see brief 6 L. 708.

As to vendor's lien in favor of third person, see 56 A. S. 227;
86 A. S. 178; 9 L. 173.

As to vendor's lien on homestead, see 86 A. S. 174.

As to waiver of vendor's lien, see 12 A. D. 263; 28 A. D. 199;
39 A. D. 202; 60 A. D. 559; 81 A. D. 156.

As to waiver of vendor's lien by married woman, see brief
9 L. 97.

As to waiver of vendor's lien by reserving title, see 73 A. D.
196.

As to waiver of vendor's lien by taking note, see 77 A. D.
101; 13 L. 187.

As to waiver of vendor's lien by taking personal security, see
17 A. D. 157; 77 A. D. 101; 81 A. D. 241.

§ 3047. WHEIV TRANSFER OF CONTRACT WAIVES LIE?f.

Where a buyer of real property gives to the seller a written
contract for payment of all or part of the price, an absolute
transfer of such contract by the seller waives his lien to the
extent of the sum payable under the contract, but a transfer
of such contract in trust to pay debts, and return the surplus,
is not a waiver of the lien.

Historys Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

74 C. 583, 585, 16 P. 504, 505 (construed); 87 C. 619, 625, 22 A.
S. 272, 25 P. 919, 920 (construed and applied); 89 C. 89, 93, 24
P. 608, 13 L. 187 (construed); 123 C. 208, 212, 55 P. 791 (referred
to in discussing lien of vendor of real property); 125 C. 357,
360, 73 A. S. 47, 58 P. 16 (construed — purpose of §§ 3046, 3047,

1516



Tit.XlV.ch.Vl.] LIEX OX PERSONALTY. §§3048.3049

and 3048 was to make equity rule as to venrlors' liens more clear
and definite).

As to assignment of note for purchase price of land where
vendor reserves title, see 65 A. S. 548; brief 58 L. 700.

As to assignment of vendor's lien, see 12 A. D. 263; 28 A. D.
199; 60 A. D. 559: 81 A. D. 156; 90 A. D. 300; 13 L. 188.

As to assignment of vendor's lien by assignment of note, see
43 A. D. 153; 52 A. D. 435; 81 A. D. 241.

As to right of assignee to vendor's lien, see 33 A. D. 130.



§ 3048. EXTEM OF SELLER'S LIEN. The liens defined in
sections three thousand forty-six and three thousand and fifty
are valid against every one claiming under the debtor, except
a purchaser or encumbrancer in good faith and for value.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

125 C. 357, 360, 73 A. S. 47, 58 P. 16 (construed — purpose of
§§ 3046, 3047, and 3048 was to make equity rule as to vendors'
liens more clear and definite.

As to notice of vendors' lien, see 60 A. D. 560.

As to validity of vendor's lien against bona fide purchaser,
see 17 A. D. 157; 17 A. D. 808: 43 A. D. 152.

S3049. LIEN OF SELLER OF PERSONAL PROPERTY.

One who sells personal property has a special lieu thereon,
dependent on possession, for its price, if it is in his possession
when the price becomes payable, and may enforce his lien in
like manner as if the property was pledged to him for the
price.

HlHtory: Enacted March 21, 1872.

See Kerr's C.vc. C. C. for 6 pars, annotation.

77 C. 139, 144, 19 P. 260 (referred to in applying 8 3311t: 94
C. 5, 17, 29 P. 406, 409 (referred to in applying §3311); 106 C.
441, 445, 39 P. 853 (construed): 121 C. 244, 246, 53 P. 656 (con-
strued); 143 C. 436. 438. 77 P. 144 (applied); 3 C. A. 561. 569. 86
P. 820 (referred to — no lien, legal or equitable, exists whenK

As to lien of vendor of personalty, see 83 A. S. 451.

As to lien on personalty, against purchaser without notice,
see 59 L. 738.

As to waiver of lien upon personal property by attachment
or execution, see 50 L. 714.

As to waiver of vendor's Hen on personalty, see 50 A. D. 760.

1517



§§3050,3051 CIVIL. CODE. [Div.III,Pt.IV.

§ 3050. PURCHASER'S LIEN OIV REAL PROPERTY. One

who pays to the owner any part of the price of real property,
under an agreement for the sale thereof, has a special lien
upon the property, independent of possession, for such part
of the amount paid as he may be entitled to recover back, in
case of a failure of consideration.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

87 C. 49, 55, 25 P. 249, 250 (applied); 103 C. 287, 289, 293, 35
P. 768, 37 P. 392 (construed); 113 C. 656, 664, 45 P. 872 (con-
strued); 125 C. 357, 360, 58 P. 16, 73 A. S. 47 (referred to in
§ 3048, quoted).

As to vendee's lien for money paid on contract, see 4 L. 247.

As to vendee's lien for reimbursement, see 12 A. D. 313.



§ 3051. LIEX UPON PERSONAL PROPERTY FOR SERV-
ICES PERFORMED. Every person who, while lawfully in
possession of an article of personal property, renders any
service to the owner thereof, by labor or skill, employed for
the protection, improvement, safe-keeping, or carriage thereof,
has a special lien thereon, dependent on possession, for the
compensation, if any, which is due to him from the owner
for such service; a person who makes, alters, or repairs any
article of personal property, at the request of the owner, or
legal possessor of the property, has a lien on the same for his
reasonable charges for work done and materials furnished,
and may retain possession of the same until the charges are
paid; and livery or boarding or feed-stable proprietors, and
persons pasturing horses or stock, have a lien, dependent on
possession, for their compensation in caring for, boarding,
feeding, or pasturing such horses or stock; and laundry pro-
prietors and persons conducting a laundry business have a
general lien, dependent on possession, upon all personal prop-
erty in their hands belonging to a customer, for the balance
due them from such customer for laundry work; and veteri-
nary proprietors and veterinary surgeons shall have a lien,
dependent on possession for their compensation in caring for,
boarding, feeding and medical treatment of animals.

1518



Tit.XIV.Ch.VI.] LIEN-HOLDER'S SALE. § 3052

HiMtorj-: Enacted March 21, 1872; amended March 29. 1878.
Code Amdts. 1877-8, p. 89; amended March 1, 1907. Stats, and
Amdts. 1907, p. 85.

See Kerr's Cyc. C. C. for 12 pars, annotation.

53 C. 351, 353 (construed); 22 P. 973, 974 (applied); 100 C. 408.
410, 38 A. S. 301. 34 P. 959 (construed); 121 C. 8, 9, 66 A. S. 17.
53 P. 404, 43 L. 524 (applied); 148 C. 61. 62. 82 P. 845 (con-
strued — what cannot be judicially inserted into section); 1 C.
A. 79, 81 (construed); 1 C. A. 116, 119. 81 P. 661, 662 (applied-
lien for unpaid labor on personal property).

As* to existence of agister's Hen, see 6 L. 82; brief 44 L. 456.

As to lien on personalty for services rendered, see 37 A. D.
522; 38 A. D. 668; 60 A. S. 191; 69 A. S. 300; 69 A. S. 127.

As to priority of agister's lien over chattel mortgage, see
17 L. 792.

As to priority of lien for services on chattels, see brii-f, 40
L. 761, 762.

As to statute giving lien for damages done by estrays dam-
age feasant, see Hen. G. L., p. 21.

As to waiver of bailee lien, see ante § 2910; also 63 A. D. 413.

As to waiver of agister's lien, see ante § 2910.

As to waiver of agister's lien by attachment or execution, see
50 L. 720; brief 44 L. 461.

As to who are laborers, see 32 A. R. 264; 58 A. S. 303.



§ 3052. LIE>S ON PEKS(» AL PK(H»KUTY. [LIE>.1H>LI>-
EK MAY SELL.] If the person entitled to the lien provided
for in section three thousand and fifty-one of this code be not
paid the amount due and for which said lien is given, within
twenty days after the same shall have become due, then such
lien-holder may proceed to sell said property, or so much
thereof as may be necessary to satisfy said lien and costs of
sale, at public auctif)n,

[Xoti'co of sale.] .And by Riving, at least ten days' previous
notice of such sale l)y advertising is some newspapor pub-
lished in the county in which such iiroperty is situated; or. if
there be no newspaper published in such county, then by post-
ing notices of the sale In three of the most public places In
the town or place where such property is to be sold, for ten
days previous to the date of sale.

The proceeds of the sale niusl be applied to the disrharge

1519



§§ 3053-3055 CIVIL CODE. [Div.III.Pt.IV.

of the lien and the cost of keeping and selling the property;
the remainder, if any, must be paid over to the owner thereof.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 418,
held unconstitutional, see history, § 4 ante; amended March 1,
1807, Stats, and Amdts. 1907, p. 86.

See 'Kerr's Cyc. C. C. for 4 pars, annotation.

92 C. 656, 658, 28 P. 687, 688 (applied); 121 C. 8, 9, 66 A. S. 17,

53 P. 404, 43 L. 524 (applied); 1 C. A. 79, 81 (construed) ; .1 C.
A. 116, 119, 81 P. 661, 662 (applied— lien for unpaid labor on
personal property).

§3053. LIEN OF FACTOR. A factor has a general lien,
dependent on possession, for all that is due to him as such,
upon all articles of commercial value that are intrusted to
him by the same principal.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

22 P. 973, 974 (applied).

As to factor's lien, see 13 A. D. 299; 58 A. D. 167; 49 A. S. 781;

54 A. S. 100.

As to waiver of lien by refusal to deliver, see Kerr's Cyc. C.
C. § 2910 and note.

§3054. BANKER'S LIEN. A banker has a general lien,
dependent on possession, upon all property in his hands
belonging to a customer, for the balance due to him from such
customer in the course of the business.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

63 C. 359, 364 (construed); 4 C. A. 201, 204, 87 P. 467 (applied —
lien of bank upon policy of insurance).

As to banker's lien bills indorsed to them for collection, see
88 A. D. 174.

As to banker's lien on deposit, see 42 A. R. 168; 4 A. S. 202.

As to liens of corporation on stock, see ante §303; also 57
A. S. 393.

§3055. SHIPMASTER'S LIEN. The master of a ship has
a general lien, independent of possession, upon the ship and

1520



Tit.XIV.ch.VI.] OFFICER'S LIEN. §§3056-3059

freightage, for advances necessarily made or liabilities neces-
sarily incurred by him for the benefit of the ship, but has no
lien for his wages.

HiNtory: Enacted March 21, 1872.

52 F. 652, 653, G54, 655, 656 (cffnstrued — maritiiii.> lion for
master's wages — § 813 C. C. P. controls — case revir.sed in 57 F.
845); 57 F. 845, 847, 848, 849, 850 (construed — master has no
lien for wages — effect given to both § 813 C. C. P. and S 3055
C. C, the latter prevailing — reversing 52 F. 652).

As to Hen of master on freight for advances, see 22 A. D. 556.

As to master's lien on freight for freiglitage, see Kerr's Cyc.
C. C. § 2144 and note.

§ 3056. SEAMEN'S LIEX. The mate and seamen of a ship
have a general lien, independent of possession, upon the ship
and freightage, for their wages, which is superior to every
other lien.

IliNtory: Enacted March 21, 1872.

As to liens of seamen on sl.ips, see Kerr's Cyr. C. C. P. §813.

§ 3057. OFFICER'S LIEN. An officer who levies an attach-
ment or execution upon personal property acquires a sj>ecial
lien, dependent on possession, upon such property, which
authorizes him to hold it until the process is discharged or
satisfied, or a judicial sale of the property Is had.

lliNtt^ryt Enacted Marcli 21, 1ST2.

As to attachment and executinn, see Ki^rr's Cy- , <' '' P.
88 542. 682, 6SS, 690 and notes.

S305S. Jl'Dii.MKNT LIEN. The lien of a judgment is regu-
lated by the code of civil procedure.

IliNtory: Enacted March 21, 1872.
As to lien of judgment, sec Kerr's Cyc. C. C. P. | 671 and note.

§3059. MECIIAMC'S LIEN. The liens of mechanics, for
materials and services upon real property, am regulated by
the code of civil procedure.

1521



§§3060,3061 CIVIL CODE. [Div.III.Pt.IV.

History: Enacted March 21, 1872; repealed by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 418,
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 11 pars, annotation.

As to lien of laborer on street railroad, see brief 11 L. 693.

As to mechanic's lien, see, Kerr's Cyc. C. C. P. §§ 1183-1203 and
notes.

As to priority of liens of laborers on property of railroad
corporation, see 54 A. S. 423.

§ 3060. LIEJf ON SHIPS. Debts amounting to at least fifty
dollars, contracted for the benefit of ships, are liens in the
cases provided by the code of civil procedure.

History: Enacted March 21, 1872; repealed by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 418,
held unconstitutional, see history, § 4 ante.

As to liens on ships, see Kerr's Cyc. C. C. P. §§ 813 et seq. and
notes.

§ 3061. LIEN OF WORKMEN ON THRESHING MACHINES,
ETC. Every person performing work or labor in, with, about,
or upon any barley crusher, threshing machine or engine,
horsepower, wagon, or other appliance thereof, while engaged
in crushing or threshing, has a lien thereon to the extent of
the value of his services. Such lien extends for ten days after
any such person ceases such work or labor; provided, within
that time, an action is brought to recover the amount of the
claim. If judgment is given in favor of the plaintiff in any
such action, and it is further found that he is entitled to a lien
under the provisions of this section, property subject thereto,
or so much thereof as may be necessary, may be sold to satisfy
such judgment; but if several judgments have been recovered
against the same property for the enforcement of such liens,
the proceeds of the sale must be divided pro rata among the
judgment creditors.

History: Enacted by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 418, held unconstitutional, see his-
tory, § 4 ante; re-enacted March 21, 1905, Stats, and Amdts.
1905, p. 618; founded upon Act March 12, 1885, Stats, and Amdts.
1885, p. 109.

1522



Tit.XIV.Ch.VI.] FILING CLAIM OF LIEN. §§ 3062. :im:'.

See Kerr's Cyc. C. C. for 7 pars, annotation.

75 C. 199, 201, 16 P. 885 (Stats. 1885. p. 109. construed); 104 C.
10. 11. 37 P. 626 (Stats. 1885, p. 109. constriud); 1 1 6 C. 292. 293.
48 P. 123 (construed); 125 C. 171,. 173, 57 P. 775 (Stats. 188.".. p.
109, construed and applied); 141 C. 93. 94. 74 P. 548 (Stats. 1885,
p. 109, construed).

§3062. LIEN OF PERSON IX ('n.VR(iE OF STALLION,
ETC. Every owner or person having in charge any stallion,
jack, or bull, used for propagating purposes, has a lien for
the agreed price of its service upon any mare or cow and
upon the offspring of such service, unless some wilfully false
representation concerning the breeding or pedigree of such
stallion, jack, or bull has been made or published by the
owner or person in charge thereof, or by some other person.,
at the request or instigation of such owner or person in
charge.

IliNtory: Enacted by Code Commission, Act Maroli 16. 1901.
Stats, and Amdts. 1900-1, p. 419; hold unconstitutional, see his-
tory, § 4 ante; re-enacted March 21. 1905. p. 617; a codlflcatlon
of § ], Act March 11. ISOl. St.its. and Amdts. 1801, p. 90.

§30(53. CLAI.U.VNT iiV LIEN .MIST HIK VEHIFIEI)
CLAI.n. SITH CLAOI A NOTICE TO SIBSEQIENT WW-
CHASERS. Every claimant of a lien provided for in the |>ro-
ceding section must, within ninety days after the service on
account of which the lien is claimed, file in the office of the
county recorder of the county where the mare or cow subject
thereto is kei)t. a verified claim containin.g a particular
description of the mare or cow. the date and place of service,
the name of the owner or reputed owner of such mare or cow.
a description by name, or otherwise, of the stallion, jack, or
bull performin.g the service, the name of the owner or person
in charge thereof, and the amount of the lien claimed. Such
claim, so filed, is notice to subsequent purchasers and encum-
brancers of such mare or cow and of the offspring of such
service for one year after such filing.

IIlMtftry: Eiiarttd by Code Commission. Act March 16. 1901.
Stats, and Amdts. 1900-1. p. 419. held unconstitiitlonnl. s«^e
history, | 4 ante; re-enacted March 21, 1905, State, and Amdts.

1523



§§3064,3065 CIVIL CODE. [Div.III.Pt.IV.

1905, p. 618; a codification of § 2, Act March 11, 1891, Stats, and
Amdts. 1891, p. 91.



§ 3064. ACTIOIV TO ENFORCE LIEN. An action to enforce
any lien created under section thirty hundred and sixty-two
may be brought in any county wherein any of the property
subject thereto may be found, and the plaintiff is entitled to
the remedies provided in sections thirty hundred and forty-
four and thirty hundred and sixty-five upon complying with
such sections, both of which are hereby made applicable to
the proceedings in such action.

History: Enacted by Code Commission, Act March 16, 1901,
Stats, and Amdts. 1900-1, p. 419, held unconstitutional, see liis-
tory, § 4 ante; re-enacted March 21, 1905, Stats, and Amdts.
1905, p. 619; founded upon §§ 3, 4, Act March 11, 1891, Stats,
and Amdts. 1891, p. 91.

§ 3065. LOGGER'S LIEN. UPON WHAT LIEN SUBSISTS.

LIEN CEASES, WHEN. A person who labors at cutting, haul-
ing, rafting, or drawing logs, bolts, or other timber, has a lien
thereon for the amount due for his personal services, which
takes precedence of all other claims, to continue for thirty
days after the logs, bolts, or other timber arrive at the place
of destination for sale or manufacture, while such logs, bolts,
or other timber are in the county in which such labor was
performed. The lien hereby created ceases and determines
unless the claimant thereof, within twenty days from the
time such labor is completed, brings suit to foreclose the
same. The plaintiff in any such suit, at the time of issuing
the summons or at any time afterwards, may have the logs,
bolts, or other timber upon which such lien subsists attached,
as provided in this code, upon delivering to the clerk an affi-
davit by or on behalf of the plaintiff, showing that defendant
is indebted to the plaintiff upon a demand for labor performed,
either in the cutting, hauling, rafting, or drawing such logs,
bolts, or other timber, and that the sum for which the attach-
ment is asked is an actual bona fide existing debt, due and
owing from the defendant to the plaintiff, and that the attach-

1524



-1



|i Tit.XlV.ch.VlI.] STOPPAUK IN TRANSITU. §3076

ment is not sought, and the action is not brought, to hinder,
delay, or defraud any creditor or creditors of the defendant.

History: Enacted by Code Commission, Act Marcli 16, 1901,
Stats, and Amdts. 1900-1, p. 419; held unconstitutionaJ, see Jiis-
tory, § 4 ante; re-enacted March 21, 1905, Stats, and Amdts.
1905, p. 619; founded upon Act March 30, 1878, Stats. 1877-8. p.
747, as amended April 12, 1880, Stats. 1880, p. 38, and Marcli 8,
1887, Stats, and Amdts. 1887, p. 53.

See Kerr's Cyc. C. C. for 4 pars, annotation.

62 C. 483, 484 (construed); 67 C. 422, 423, 7 P. 845 (construed).

As to lien on logs for value of work of horse or team, see 69
A. S. 510.

As to validity of statute making- purcliaser of logs subject
to lien personally liable therefor, see brief 59 L. 738, 740.



CHAPTER VII.

STOPPAGE IN TRANSIT.

§ 3076. When consignor may stop goods.

§ 3077. What Is insolvency of consignee.

§ 3078. Transit, when ended.

§ 3079. Stoppage, how effected.

§ 3080. Effect of stoppage.

§3076. WHEN CO>SI(ii>OR MAY STOP (J<MmS. A seller
or consignor of property, whose claim for its price or proceeds
has not been extinguished, may, upon the insolvency of the
buyer or consignee becoming known to him after parting with
the property, stop it while on its transit to the buyer or con-
signee, and resume possession thereof.

HiHtor.v: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. (;. for 44 pars, annotation.
3 C. A. 519. 522, 86 V. 615 (applied with other soctlonn '
306, 309 (cited).

STOITAGE IN TRANSITl'.



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