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.
