nishing materials and labor, and where the cost of a completed structure exceeds the contract price, the lien claimant is entitled to such proportion of his claim as the contract price bears to the cost of the completed structure." Where, after the owner made payments to the contractor without requiring the sworn statement under section 4, the contractor abandoned his contract and the owner completed the building, it was held that the amounts paid by the contractor to subcontractors, laborers and materialmen for labor or materials actually used in the structure together with outstanding liens and the cost to the owner to complete, divided into the contract price, gives the per cent of his claim each lienor is entitled to recover.28 A materialman receiving payments while the materials were being furnished, from the contractor who did not direct their application, had the right to apply them on charges other than those for materials entering into the building in question.20 Payments by the owner without requiring from the contractor the sworn statement under section 4 arè at the owner's risk, and his property is not relieved from lien because he believed the previous advances to material men on the contractor's order paid them in full, where they did not mislead him into that belief.30 Though payments made by the owner are founded on the contractor's sworn statement under section 4, they must be distributed pro rata, among all claimants of whom such owner has notice in order to protect him against liens,31 and payments made without requiring such sworn statement and not distributed pro rata, cannot be allowed in the owner's favor as against a materialman's lien.32

27. Godfrey Lumber Co. V. Cole, 151 Mich. 280, 114 N. W. 1018; Frohlich v. Ashton, 159 Mich. 265, 123 N. W. 1130, reviewed in same case 164 Mich. 132 (134), 129 N. W. 18.

28. Kotcher v. Perrin, 149 Mich. 690 (692), 113 N. W. 284.

29. Union Trust Co. v. Casserly, 127 Mich. 183 (186), 86 N. W. 585.

30. Munroe Mich. 491 (492), 71 N. W. 850. 31. Frohlich V. Carroll, 127 Mich. 562 (566-7), 86 N. W. 1034.

V. Merrell, 113

32. Greilick Co. v. Rogers, 144 Mich. 314 (317), 107 N. W. 885; Hannah & Lay Co. v. Hartzell, 125 Mich. 177, 84 N. W. 52; Fairbairn v. Moody, 116 Mich. 61 (65), 74 N. W. 386, 75 N. W. 469.

$99. Postponement of Distribution.

If the claims have not been ascertained when the sale is ordered, or if for any other reason it is deemed proper to postpone the order of distribution, the court may direct the officer to bring the proceeds of sale into court to be disposed of according to its order; and if in consequence of the claims of attaching creditors, or for other causes, the whole cannot be properly distributed at once, the court may make two or more successive orders of distribution as the circumstances may require.

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§ 100. Priorities of Attaching Creditors.

When there are several attaching creditors they are, as between themselves, entitled to be paid according to the order of their respective attachments, but when several creditors entitled to liens have equal rights as between themselves, and the fund is insufficient to pay the whole they will share equally in proportion to their respective claims.3

§ 101. Disposition of Surplus.

If there is any surplus of the proceeds of the sale, after making all the payments required, it shall be forthwith paid over to the owner, part owner, lessee, or other person entitled; but such surplus may be attached or taken on execution in like manner as if it proceeded from a sale under execution. 354

CHAPTER XIV.

LIENS UNDER OTHER STATUTES.

§ 102. Liens Under Other Statutes.

§ 102. Liens Under Other Statutes.

Liens are also given by statute for labor in various instances and under various conditions: thus, labor rendered for street and steam railroad companies, if unpaid for, entitles the claimant to a lien against the railroad property which is preferred to other claims.1 Labor for corporations mining coal, shale and clay is also entitled to preferred liens2 as are miners of and workers in other mineral products in the upper peninsula for their labor. Those who labor in manufacturing lumber or in connection with forest products in their various forms, are entitled to lien thereon for the amount due for labor and services, to be claimed within thirty days from the last day of labor or service.* Labor by mechanics, artisans and tradesmen, upon or in respect to personal property, including the care of live stock, entitles the claimant to a lien thereon for his labor, skill and materials, which he is entitled to enforce by suit, meanwhile retaining possession." Labor liens are also given against pipe line companies. Liens to be asserted within twenty

1. Act 110 of 1899, C. L. 1915 (8339)-(8340), How. 2nd Ed. §§13799-13801.

2. Act 254 of 1909, C. L. 1915 (14841), How. 2nd Ed. §13802.

3. Act 201 of 1867, C. L. 1915 (14840), How. 2nd Ed. §13813, C. L. 1897 §10755.

4. Act 229 of 1887 as amended, C. L. 1915 (14843)-(14858), How.

2nd Ed. §§13843-13858, C. L. 1897 (10756)-(10770).

5. Chap. 126 of 1846 as amended by Act 83 of 1873, C. L. 1915 (14831)-(14839), How. 2nd Ed. S$13804-13812, C. L. 1897 (10746) (10754), C. L. 1915 (14833) amended by Act 331 of 1917.

6. C. L. 1915 (8598), How. 2nd Ed. §7266, C. L. 1897 (6492).

7

days are also given to threshers of grain and vegetable products for the value of their services, and liens upon the animal shod are given to horseshoers to be asserted within 60 days for charges for shoeing any animal. Owners of stallions are also entitled to lien for the service fee upon the mare and upon the get for 18 months after service date. Garage keepers are also entitled to lien for labor, materials, supplies and storage upon vehicles stored, maintained, supplied or repaired and for enforcement may detain, advertise and sell the vehicle at any time it is in his possession within 90 days after the last labor or supplies are furnished.10 Claims for death or personal injury against street or steam railways are, after judgment, made preferred liens upon the corporate assets and property rights, and franchises. Liens upon public buildings and works are obviated by the requirement of security from the contractors in the form of a bond,12 and upon railroads by requiring them to pay labor and material claims arising upon construction or repair directly instead of to the contractor.183

Other liens are given as follows: To the proprietors of mills upon the rents and profits thereof for their advances.14 Upon drifted or floated logs and forest products for damages and expenses." By keeper of hotel, inn, boarding or lodging house upon baggage and effects of guests, boarders and lodgers for customary charges for food and lodging.10

7. Act 116 of 1911 as amended by Act 92 of 1913, C. L. 1915 (14872)-(14880), How. 2nd Ed. §§13817-13825.

8. Act 160 of 1897, C. L. 1915 (14859)-(14871), How. 2nd Ed. §§13826-13838, C. L. 1897 (10771)(10783).

9. Act 44 of 1915, C. L. 1915 (14881)-(14890). See C. L. 1897 (10749)-(10752).

10. Act 312 of 1915, C. L. 1915 (4833)-(4835).

11. Act 110 of 1899, C. L. 1915 (8340)-(8341), How. 2nd. Ed. §§13800-13801.

12. Act 187 of 1905, C. L. 1915 (14827)-(14830). See How. 2nd Ed. §§13839-13842. This law is fully annotated on pages 194-201 of this work (136)-(139). See Forms No. 13 to 16 inclusive, in appendix.

13. C. L. 1915 (8336)-(8338), How. 2nd Ed. §§6708-6710, C. L. 1897 (5243)-(5245).

14. C. L. 1915 (6637), How. 2nd Ed. §2906, C. L. 1897 (5062).

15. C. L. 1915 (6673), How. 2nd Ed. §4160, C. L. 1897 (5098).

16. C. L. 1915 (6947)-(6953), How. 2nd Ed. §§4208-4214, C. L. 1897 (5317)-(5323).

.

Upon forest products for services in breaking jams, running or driving logs and clearing banks, etc." Upon vessels and water craft for certain specified debts and damages.18 By trust and deposit companies for storage charges, etc., on valuables. By warehouse men for storage charges and moneys advanced for cartage, insurance, etc.20 Upon real and personal property designated in the decree, for permanent alimony.21 By railroad companies for food, water and care of animals during transportation.22 By canal and harbor companies upon vessels for tolls and charges. 23 By mutual insurance companies for assessments and premiums." Upon the interests of certain members of water power companies for assessments.25 In favor of corporations organized under the manufacturing and mercantile law against their members for any debts due from them."

17. C. L. 1915 (6649)-(6653), How. 2nd Ed. §§4137-4140, C. L. 1897 (5075)-(5078); C. L. 1915 (8646)-(8647), How. 2nd Ed. 887378-7379, C. L. 1897 (6741)(6742); C. L. 1915 (8860)-(8861), How. 2nd Ed. §§7397-7398, C. L. 1897 (6760)-(6761), C. L. 1915 (8626)-(8627), How. 2nd Ed. $$7481-7482, C. L. 1897 (6520)6521), C. L. 1915 (8642)-(8646), How. 2nd Ed. §§7497-7502, C. L. 1897 (6536)-(6541).

18. C. L. 1915 (14892), How. 2nd Ed. §13625, C. L. 1897 (10789).

19. C. L. 1915 (8053), How. 2nd. Ed. §6484, C. L. 1897 (6164).

20. C. L. 1915 (6537)-(6540), How. 2nd Ed. §§3029-3032, C. L. 1897 (5031)-(5034); C. L. 1915

26

23. C. L. 1915 (8807), How. 2nd Ed. §7343, C. L. 1897 (6706).

24. C. L. 1915 (9625)-(9610)(9573)-(9595), How. 2nd Ed. $$7968, 7953, 7908, 7929, C. L. 1897 (7326) - (7311) - (7377 ) (7296).

25. C. L. 1915 (8876), How. 2nd Ed. §7413, C. L. 1897 (6776).

26. C. L. 1915 (9032), How. 2nd Ed. §9547. Act 232 of 1903, $16. See Act 106 of 1913; C. L. 1915 (11920)-(11944).