Section 453:1 Existence, Priority, Duration, and Enforcement.
I. If a person, firm or corporation shall, by himself or itself, or others, make an advance or series of advances of money to the owner of, or person entitled to the possession of, any logs, lumber or pulpwood for the purpose of financing the cutting, hauling, yarding, piling, trucking, rafting, booming, driving or towing of the same, he or it shall have a lien for the amount of all such advances, which shall take precedence over all claims, except taxes, liens provided for in RSA 447:4 and all other liens legally acquired and recorded prior to the placing of the registered mark thereon as herein provided, upon all of such logs, lumber and pulpwood on which he or it has caused his or its registered mark to be placed and such lien with respect to each such advance shall continue for all advances for 2 years after the date of making the last advance, and may be enforced by attachment.
II. The term ""registered mark'' as used in paragraph I of this section shall mean a mark described in a certificate of registration issued by the secretary of state pursuant to the provisions of this paragraph, and recorded in the registry of deeds for the county in which such logs, lumber or pulpwood were situated when such registered mark was placed thereon, in the manner provided for herein:
(a) Any person, firm or corporation desiring to appropriate for his or its own exclusive use any distinctive mark to be placed upon logs, lumber or pulpwood for identification may file a copy of such mark, accompanied by a statement claiming the exclusive use thereof for such purpose, with the secretary of state, who, if satisfied that such mark is not the duplicate of, nor so closely resembling as to cause confusion, any such mark theretofore registered in his office, shall register such mark and issue to and in the name of such person, firm or corporation a certificate of registration of such mark. The person, firm or corporation in whose name such certificate of registration is issued shall be entitled to the exclusive use of the mark therein described for all purposes of this section. Upon request the secretary of state shall issue certified copies of such certificates of registration upon payment of the fees hereinafter provided therefor.
(b) A copy of any such certificate of registration, certified by the secretary of state, may be recorded in any registry of deeds.
(c) The fee for registering each such mark with the secretary of state, which fee shall include the issuance of the certificate of registration thereof, shall be $10. The fee for the issuance of each certified copy of such certificate by the secretary of state shall be $1. The fee for recording a certified copy of any such certificate of registration in any registry of deeds shall be $1.
(d) If requested in writing by anyone interested in any logs, lumber or pulpwood on which there is a lien as provided in this section, the lienholder shall give to such interested party an account, within 15 days, in writing and under oath; said account shall include all advances claimed to be secured by said lien up to the date of such notice; and, on failure to furnish such account, said lien shall be voided as against the party making said request. Mailing the account by registered mail postpaid to the party making the request shall be deemed in full compliance with this provision.
Source. 1949, 184:1; 265:20, eff. June 22, 1949.