Appeal  froin  Superior  Courts  Kitsap  County,

BatUe  i&  Shipley^  for  appellant,

Burke^  Shepard  dd  Woods,  for  respondents.
The  opinion  of  the  court  was  delivered  by

Dunbar,  C.  J. — This  was  an  action  for  damages  brought
under  §  1 694  of  the  General  Statutes,  giving  to  the  holders  of
liens  on  logs  an  action  for  damages  against  any  person  who
shall  injure  or  destroy  logs.  In  this  action  the  plaintiffs
recovered  a  judgment  of  $1,796  against  the  defendant  for
sawing  up  logs  on  which  they  had  liens  for  wages.  The
plaintiffs  were  sixteen  loggers  who  filed  their  liens  for
wages  on  a  boom  of  logs  they  had  just  cut  and  rafted.
The  logs  were  sold  to  defendant  by  the  employer  of  the
plaintiffs.  Defendant  immediately  began  to  saw  them  into
lumber  without  the  plaintiffs^  consent  and  without  making
any  provision  for  their  liens.  It  is  alleged,  and  the  evi-
dence shows,  that  he  knew  the  logs  were  subject  to  liens
for  the  wages  of  the  plaintiffs,  respondents  herein.  Plaint-
iffs then  brought  their  action  to  restrain  the  sawing  of  the
logs,  and  to  foreclose  their  liens.  In  said  action  all  the
logs  which  remained  unsawed  were  sold  and  the  proceeds
were  applied  as  part  payment  of  the  liens.  Plaintiffs  then
brought  their  action  for  damages  to  recover  the  remainder
of  their  liens  still  unsatisfied.
PETERSON  V.  SAYWARD.  605

Sept.  1894.1      Opinion  of  the  Court— Dunbar,  C.  J.
