71-3-601. Definition of lumber -- who may have lien. (1) The term "lumber", as used in this part, means all logs or other timber sawed or split for use, including beams, joists, planks, boards, shingles, laths, staves, hoops, and every article of any nature or description manufactured from sawlogs or other timber.

(2) A person, general partnership, limited partnership, corporation, or association performing labor done upon or that assists in obtaining or securing sawlogs, piling, railroad ties, cordwood, or other timber has a lien upon the product and upon all other sawlogs, piling, railroad ties, cordwood, or other timber that at the time of the filing of the claim or lien provided for in subsection (3) belonged to the person or corporation for whom the labor was performed for the work or labor done upon or in obtaining or securing the particular sawlogs, piling, railroad ties, cordwood, or other timber described in the claim or lien. The lien exists whether the work or labor was done at the request of the owner, the owner's agent, a contractor or subcontractor, or any person on behalf of the owner or the owner's agent or a contractor or subcontractor. The cook in a logging camp must be regarded as a person who assists in obtaining or securing any of the timber mentioned in this subsection.

(3) A person performing work or labor or assisting in manufacturing sawlogs and other timber into lumber and shingles has a lien upon the lumber while the lumber remains at the mill where it was manufactured or in the possession or under the control of the manufacturer, whether the work or labor was done at the request of the owner of the logs, the owner's agent, or any contractor or subcontractor of the owner.

(4) A person who permits another to go upon the person's timberland and cut sawlogs, piling, railroad ties, cordwood, or other timber has a lien upon the sawlogs, piling, railroad ties, cordwood, or other timber for the price agreed to be paid for the privilege or for the price the privilege would be reasonably worth if there was no express agreement fixing the price.

History: (1), (3)En. Sec. 2, p. 127, L. 1899; re-en. Sec. 5820, Rev. C. 1907; re-en. Sec. 8319, R.C.M. 1921; re-en. Sec. 8319, R.C.M. 1935; Sec. 45-402, R.C.M. 1947; (2)En. Sec. 1, p. 126, L. 1899; re-en. Sec. 5819, Rev. C. 1907; amd. Sec. 1, Ch. 60, L. 1909; re-en. Sec. 8318, R.C.M. 1921; Cal. Civ. C. Sec. 3065; re-en. Sec. 8318, R.C.M. 1935; amd. Sec. 1, Ch. 59, L. 1967; Sec. 45-401, R.C.M. 1947; (4)En. Sec. 3, p. 127, L. 1899; re-en. Sec. 5821, Rev. C. 1907; re-en. Sec. 8320, R.C.M. 1921; re-en. Sec. 8320, R.C.M. 1935; Sec. 45-403, R.C.M. 1947; R.C.M. 1947, 45-401, 45-402, 45-403; amd. Sec. 2281, Ch. 56, L. 2009.