River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-05-05
LAWS OF WISCONSIN.
Published April III, 1871
TnA DTER QQn

Published April III, 1ssl.1
CHAPTER $50.
AN ACT relating 10 liens upon logs and timber
and amendatory Of cha pier one hundred and
forty-three, of the revised statutes OF 1878, and
% repeal chapter one hundred and sixty seven
OF the general laws for the year 1879, and chap
ter sxty-two, of the general laws for the year
1856.
The people of the State of Wisconsin, represented
in senate and assembly, do enact as follows:
Section |. Section three thousand three hun
dred and twenty -nine of chapter one hundred
and forty-three of the revised statutes Of the
state OF Wisconsin for the year 1873, entitled Of
hens, is hereby amended so as to read as follows:
Section SS29 Any person who shall do or per-
form any labor or services in cutting telling
hauling, running driving, rafting, booming, crib
bling, towing, saving or manufacturing INTO
lumber, any logs or timber in any of the counties
Of this state shnll have lien upon such logs or
timber for the amount due or to become due for
such labor or ices, which shall take pre-,
cedence Of all OF claims or liens thereon
Provided, that in the counties of Door, Lincoln
Marathon aud Waupaea, such lien shall extend
TO and include all labor and services done or per-
formed IN cutting, telling, hauling, running
driving, rafting, booming, eribbing, towing OF
piling telegraph poles and railroad ties, and pro-
yided further, that in said county of Door such
lien shall also extend to and include all labor and
services done or performed in cutting. telling,
piling, handling or hauling cord wood, or in
cutting, peeling piling, handling or hauling any
tan or other bark.
Section 2. Section three thousand three hum
dred and thirty-one Of said chapter one hundred
and forty three is hereby amended so as TO read
as follows. Section 1881. No debt or demand
for such labor or services shall remain such lien
unless a claim therefor in writing shall be made
and signed hy The claimant or his attorney, and
verified b. the claimant some one in his be-
half, in the same manner that pleadngs in civil
actions may be verified, setting forth the nature
of the debt or demand for which the lien Is
claimed, the amount claimed to be due, descrip-
don of the logs or timber against which the lien
is claimed, and that the claimant claims a lien
thereon pursuant to this chapter and the chapter
% which this Is amendatory Such petition, ex-
cept for labor or services done in the counties
hereinafter particularly named, shall be filed in
the Office OF The clerk of the circuit court Of tho
county in which such labor or serviooe wore done
or performed; and for such labor or services done
or performed in the counties of Shawano, Wau-
paoa, Outagamie, Winnebago and Fond du Lac
or in such parts of the counties of Brown, Oconto
and other counties wherein such logs or timber
are got out upon the Wolf river or any OF its
tributaries or for the purpose of being run down
said river ris tributaries, such claim for lien shall
be filed in the office of the clerk of the city of
Oshkosh. If the labor or services are done be-
tween the first day OF November and the first day
of May following the claim for lien shall be filed
on or before the first day of June next thereafter
except as hereinafter provided; but if done after
the first day of May and before the first day of
November thereafter or If said labor or SER
vices shall be continuous from the first day OF No
vember beyond the first day Of May following,
the claim for lien shall be filed within thirty days
after the last day of doing or performing such
labor or services and such labor or services shall
be deemed continuous Notwithstanding change
Of ownership in said logs or timber, or employers
for whom said labor services shall be done or
performed provided, that such claim for lien or
labor or services done or performed on telegr; phi
poles, railroad ties cord wood and tan or ether
bark as aforesaid, shall be filed within thirty days
from and after the last day of doing or perform
ing such labor or services. Such clerks shall re-
ceive twenty-five cents for filing each such claim
for lien and for certified copies thereof the fees
allowed by law for certified copies of papers to
clerks of circuit courts.
Section g. Section three thousand three hun
dred and thirty-three of said chapter one hum
dred and forty-three, is hereby amended so as to
read as follows Section 1888. The plaintiff in
such actions may have the remedy by attachment
of the property upon which the lien is clail3ed,
provided by law in personal actions and such at
tachments may be issued and be served and re-
turned, and like proceedings had thereon, includ-
ing the release of any attached property, upon
giving security as in civil actions. The affidavit
for the attachment must state that the defendant,
who is personally liable to the plaintiff therefor,
is indebted to him in sum named, over and
above all legal set-ofs, for such labor or services
done or performed as entities the plaintiff to q
lien thereon under this chapter and the chapter
to which this is amendatory, describing such logs
or timber, and that the plaintiff has filed his
claim for lien pursuant thereto; and
no other matter need be stated in such
affidavit. No undertaking upon such at
tachment, or security for costs i'll actions
hereunder before justices of the peace need be
given, unless upon application of some defendant
in the action showing by affidavit that he has
good and valid defense to the plaintiffs claim
and to how much thereof, and if it be only to
part of such claim, unless the residue be paid to
the plaintiff at the time of the application which
payment, if made, shall net affect the jurisdiction
of the court; and no order shall be made requir-
ing the giving of such undertaking or security
for COSTS except upon ten days notice to the
plaintiff. The attachment shall direct the otflcer
to whom it is issued to attach the property
named in the afidavits, so such thereof as
shall be necessary TO satisfy the sum claimed to
be due thc rein and to hold the same subject ts
furthe, proceedings in the action. The officer
executing the attachment shall pay any boomage
due upon Il e property attached and the amount
so pid shall be taxed as part Of the costs of tue
action.
Section 4 Section three thousand three hun.
bred and thirty five Of said chapter one hundred
and fOrty-three is hereby amended so rs to read
as follows: Section 1888. The taking Of
promiss0ry note or other evidence of debt, for
any such labor or service done, shall not dis
charge the lien therefor, hereby given, unless eX-
pressly received in payment therefor, and so spec
flied therein.
Section 5. Section three thousand three hun
dred and forty of said chapter one hundred and
forty three is hereby amended so as to read as
follows; Section 1910. The court or jury which
tries any action hereunder shall, in addition to
the sum due the plaintiff, find, ifsuch be proven,
that the same is due, for the labor or services
DONE or some part of them alleged in lie com
plant and that the same is d lien upon the prop
erty, or some part thereof, described in the COM
plant and the judgement shall be in accordance
with the findings with costs to be taxed and al
lowed as in personal actions. The execution in
addition to the directions and compands OF Or
binary executions upon judgments for money,
shall direct that such logs or timber, describing
them, or so mrch thereof as may be necessary Tor
such purpose be sold to satisfy said judgement,
costs and costs of sale If the court, Justice or
jury, shall find that the amount found due the
plaintiff not lien upon any part OF such logs or
timber they shall be released from the attach
ment, II they have been attached but the plain
iffshall have judgment for the amount so found
due, with costs as in ordinary civil actions; but he
shall not recover, but shall pay the costs OF ex-
ecuting such attachments.
Section g. Section three thousand three hun
dred and thirty of said chapter one hundred and
forty-three, chapter one hundred and sixty-seven
of The general laws of 1879. entitled act to
dihtuu stCllOns lnFet tuouSdliu IuTtc aAu
twenty-nine and three thousand three hundred
and thirty Of chapter one hundred and forty three
of the revised statutes of 1873 entitled of liens,
and chapter sixty-two of the general laws of 1850,
entitled an act to amend chapter one hundred
and sixty-seven of the general laws Of 1879.
entitled an act to amend sections three thousand
three hundred and twenty-nine, and sections
three thousand three hundred and thirty Of the
revised statutes of 1878, entitled of liens and all
other acts and parts of acts conflicting with the
provisions of this act are hereby repealed.
Section Z. This act shall take effect and be in
force from and after the first day of July, 1881
Approved April 2 1881
Published April II, 1871