River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-05-12


to be done and upon the water lot go filed or in
front Of which such dredging is done, not ex-
ceedng forty acres or if within the limits of an
incorporated city or village, upon the piece or
parcel Of land used or designed for use in connec
ton with such dwelling house, building, ma
chnery, bridge, wharf, erection thereon, well,
fountain, ciseTn or fence, or upon such water lot
or land on which such manual labor is done, not
exceeding one acre. Such lien shall be prior to
any other lien which originates subsequent to the
commencement of the construction, repairs, re-
moVal or work aforesaid ofo upon such dwelling
house, building, machinery, bridge, wharf, or
erection thereon, well, fountain, cIstern, fence,
water lot or land, and may be enforced as proyid-
ed In this chapter. In case any person shall
order or contract for the purchase of any machn-
cry to be placed in or connected to or with any
building CT premises and such person not having
an interest in such building or premises in or con-
nected with which such machinery splaced, suf-
hclent Tor lien rs provided for IN this chapter to
secure payment for said machinery, the person
furnishing such machinery shall have and retain
lien upon such machinery and shall have the right
to remove from such building premises, such
machinery in case there shall be default in the
payment for such machinery when due, leaving
such building premises in as good condition
they were before such machinery was placed in or
on the same.
Section O. Section three thousand three hun
Is
hereby amended by adding after the word 'foun-
tain" in the seventh line Of said section the word
"cistern," so that said section when so amended
shall read as follows any person having so fled
such claim for a lien may foreclose the same by
action in the circuit court or any county court
having jurisdiction thereof. All persons having
filed such claims for liens, for work done
terials furnished IN the construction, repair, pro-
lection or removal of or upon the same dwelling
house, or other building, or the same machinery,
hid xrhr pf ,Aasya ofrfnr
water lot, may join as plaintiffs and if any do
not so join, or refuse to so join they may be made
parties defendant. All persons having liens upon
the premises by mortgage, judgment or otherwise,
subsequent to the lien sought to be foreclosed and
ali purchasers of the premises subsequent to such
lien may be joined as parties defendant. In case any
person who HIS filed such claim for lien, prior to
the com mence ment Of such action, who has such
subsequent lien, or who is such subsequent pur-
chaser, is not made q party to such acEon, he
may, upon application at any time before judg
ment, be made party defendant thereto, and
any person who shall file such claim for lein after
the commencement of such action or who shall
obtain such subsequent lien by mortgage, judg.
ment or otherwise or become such subsequent pur-
chaser after the fling Of the notice of the penden
cy Of such action, may, at any time before judg-
ment upon application, be made party defend
ant thereto. If such action be brought by a sub
contractor the principal contractor may also be
made party defendant thereto.
section 8. Section three thousand three hun
bred and twenty-five, of the revised statutes, is
hereby amended by adding after the word "foun-
tain" in the twentysecond line of said section the
word ''cistern," so that said section when amend
cd shall read as follows: The complaint in such
action shall be sufficient if it set forth the con-
tract in substance, under which such work was
done or materials furnished with the last date OF
doing or furnishing the same, and the assignment
of the claim if any; and allege that the plaintiff
his assignee has fled claim for lien therefor
as required by law, giving the date of such filing
that such work was done materials furnished
for some Of the purposes mentioned in section
three thousand three hundred and fourteen, sta
ting for what particular purpose the amount
claimed to be due to the plaintiff or plaintiffs,
spectlvely and give description of the premises
claimed to be affected by such lien; as to defend
ants who have filed claims for liens on said prem
Ses under the provisions of this chapter that they
have filed such claims, giving the date of fling
and the amount claimed by each, as TO defendants
having subsequent liens Ir being subsequent pur-
chasers that they have or claim to have some lien
upon the premises subsequent and subject to the
lien of the plaintiff; and shall demand judgment
that the demands of all persons having filed
claims for liens upon such premises, whether
plaintiffs for defendants, be ascertained and adj
judged, and that the interest of the person own
ing such premises at the time of the commence
ment of the construction, repairs, removal or
work of or upon the dwelling house, building ma
chinery, bridge, wharf or erection thereon, we'll
fountain cistern fence, water lot, or land, on ac-
count Of which such liens are claimed or which
he or any other person claiming under him has
since acquired, be sold to satisfy the am cunt of
the liens so ascertained and adjudged, with the
cost ofthe action. If the action be brought by
subcontractor, the complaint shall also set forth
in substance the contract between him and the
contractor and allege that he gave the notice re-
quired by section three thousand three hundred
and fifteen and the date of service thereof,
Section4. Section three thousand three hun
bred and twenty-four of the revised statutes is
hereby amended by adding after the word "toun-
tain" in the seventh line of said section, the
word ''cistern so that said section when so
amended shall read as follows: The judgment
in such action shall adjudge the amount due to- the
plaintiff, or in case several claims for liens are
embraced in the action, the amount due
to each claimant who is a party to the
action. 1t shall direct that the interest
OF the owner in the premises at the time
of the commencement OF the construction
repairs, removal, or work OF or upon the
dwelling house, machinery, bridge wharf, or
erection thereon well, fountain, cisrern, fence,
water lot or land, ON account of which such
liens are claimed or which he or any per-
son claiming under him has since acquired, or so
much thereof as may be necessary, to be sold to
satisfy the amount Of the lien Of the plaintiff, or
of the several liens embraced in the action with
the costs OF such action, including the costs OF
filing the claims for liens and that after satisfy
ing the same together with such costs, that the
residue of the proceeds be brought into court
with the report of sale, to abide the order Of tie
court. If the premises can be sold in parcels
without injury to or to the advantage Of the par
ties the court may adjudge that the sale he $
made If the plaintiff in any such acti IAN to
establish his lien upon the premises desc ibe in
his complaint, and claim for lien, but estabis' Cd
right to recover upon contract for his alleged
work and labor done or ma erals furnish, d he
may have a personal Judgment in the action
oroinst fine marty lable for the amount uliC hiN,
with or without costs to be taxed in his favor "
in favor of the defendant in like mann ~ If tht
action were for the recovery Of money o. j..
Section 5. This act shall take effect and IL IN
force from and after its passage and publication
Approved April 2, 1881.