The Proposed Kansas Lien Law

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25650 Louisa Lane, Romoland, California 92585.

A reprint from The Threshermen's Review, February 1913, Page 42.

We print here with the proposed Kansas Lien Law which will be introduced in both Houses at the next Session.

A good lien law is one of the best aids in collections a thresherman can have. This one imposes no hardship whatever on the customer, while it does aim to protect the thresherman.

The way to have this Bill passed is to let your representatives and senators look after it. Here is where the threshermen can stay at home and help by just writing to representatives and senators from his district, and making it plain to them that you are interested in the success of this bill. A good representation of threshermen at the State capital would help if it could be known on what date this will come up for consideration, but it will be just about as good if every thresherman will write his representative and senators, as indicated above, stating that you want his aid in putting the Threshermen's Lien Law through.

Section 1. The owner or lessee of any threshing machine, or any laborer of such owner and lessee shall have a first lien upon all grain threshed for the amount due for the labor and services of such threshing, such lien to date from the commencement of such threshing, upon filing a statement or statements as in this act provided.

Section 2. The statement referred to in the preceding section may be filed by such owner or lessee on his or their own behalf as well as on behalf of the laborers of such owner or lessee, but such owner or lessee filing with the register of deeds in the county in which said threshing was done a statement which shall be verified as true by said owner or lessee, setting forth, the name of the owner or lessee of the threshing machine, the amount and kind of grain threshed, a description of the land on which it was threshed, the name of the person for whom the threshing was done, the name of each laborer and the amount due to each laborer for said threshing, the price agreed upon for such threshing, or the ordinary and customary price, if no contract was made. Unless said owner or lessee shall file a statement as herein prescribed within 15 days from the completion of said threshing no lien shall be required.

Section 3. Any person who shall perform labor for the owner or lessee of any threshing machine, in threshing grain may acquire a first lien by filing a statement duly verified as true, with the register of deeds of the county in which the threshing was done, setting forth, the name of the owner or lessee of the threshing machine, the kind and amount of grain threshed, if known, the name of the person for whom the threshing is done and a description of the land upon which the grain was threshed, and the amount claimed as due to such laborer on account of such threshing. Several laborers may join in one statement unless the laborer or laborers shall file such statement within 10 days from the date of the completion of such threshing no lien shall be acquired.

Section 4. The liens of the laborers shall be paramount to the lien of the owner or lessee of the threshing machine and where any laborer's statement shall have been filed as provided by this act the lien of such laborers shall be first paid. In case no statement shall be filed by laborers, payments may be made in full to the owner or lessee of the threshing machine for all labor, and such payment shall operate as a full discharge so far as the owner of the grain is concerned.

Section 5. The register of deeds shall receive 25 cents for filing each statement provided for by this act and the statements when filed shall be entered the same as chattel mortgages.

Section 6. The liens created under this act shall be enforced by actions to recover sufficient of the grain threshed to pay the demand and probable costs of actions or by actions against any person, firm or corporation who shall buy said grain, or against the owner of said grain. But in no event shall the owner be liable to laborers for anything in excess of the contract price due for the entire amount of the threshing done, or the ordinary or customary price in cases where no contract was made.

Section 7. Any person who shall be convicted of secreting, selling or disposing of any property upon which a lien shall have been attached under this act, shall be deemed guilty of a misdemeanor and shall be fined in a sum not exceeding $200.00. All actions brought to enforce the provisions of this act must be brought within ninety days from the date of filing the lien, or said lien shall be deemed discharged.

Section 8. This act shall be in force from and after its publication in the official state paper.