The Superior times. [volume] (Superior, Wis.) 1870-1912, 1881-05-07

or conflicting with this act are hereby repealed
Section7. This act shall take effect and be in force
from and after its passage and publication,
Approved April 2, 1881.
Published April IL, 1881
CHAPTER $50.
AN ACT relating to liens upoE logs and timber and
dInendatory Of chapter one hundred and FORTY
three of the revised statutes of 1873 and to repeal
chapter one hundred and sxty-seven of the general
laws Tor the year 1879 and chapter sixtytwo of the
general laws for 1880.
The people of the state of Wisconsin, represented in
senate and assembly, do enact follows:
Section l. Section three thousand, three hundred
and twenty-nine of chapter one hundred and forty
three OF the revised statutes of the state of Wiscon-
sin for the year 1878, entitled of liens is hereby
amended go as to read as follows: Section 1929 Any
person who shall do perform any labor or services
In cutting telling hauling, running, driving, rafting
booming, cribblng, towing, saving manufacture
ing into lumber any logs or timber in any of the
counties of this state, shall have lien upon such
logs or timber for the amount due to become due
Tor such labor or services, which shall take prece-
dence of all other claims or liens thereon Provided
that in the counties of Door, Lincoln Marathon and
Waupaca such lien shall extend to and include all
labor and services done performed in cutting fell
ing, hauling, running, driving, rafting, booming
crtbbing, towing OF piing telegraph poles and rail-
road ties and provided further, that in said county
of Door such lien shall also entend to and include ali
labor and services done performed, in cutting
Telling, piing, handling or hauling cord wood or in
cutting peehng, plIing, handling or hauling any tan
or other bark.
Section 2. Section three thousand three hundred
and thrty-one of said chapter one hundred and
forty three is hereby amended to read as fol-
lows Section 1881. No debt or demand for such
labor or services shall remain such ien unless a
claim therefor III writing shall be made and signed
by the claimant or his attorney, and verified by the
claimant or some in his behalf in the same man
ner that peadlngs in civil actions may be verified,
setting forth the of the debt or demand for
which the lien is claimed, the amount claimed to be
due, description Of the logs or timber against
which the lien is claimed and that the claimant
GAINS hen thereon pursuant to this chapter and
the chapter to which this Is Gmendatory. Such
petition, except for labor services done in the
counties hereinafter particularly named, shall be
filed in the office of the clerk of the circuit court of
the county in which such labor services done
or performed; and for such labor or services done
or performed in the counties of Shawano Waupaca
outaganie, Winnebago and Fond du Lac, or in such
parts Of the counties of Brown, Oconto and othey
counties wherein such logs timber are got out up
on the Wolf river any of it's tributaries for the
purpose OF being run down said river or its tribu-
taries, ouch claim for lien shall be filed in the Office
Of the clerk of the city of Oshkosh If the labor OF
services are done between the first day of November
and the first day of May following, the claim for lien
shall be fled or before the first day Of June
thereafter, except as hereinafter provided; but II
done after the first day Of May and before the first
day Of November thereafter, if said labor or SER
yices shall be continuous from the frat day of
November beyond the first day of May following the
claim for lien shall be fled within thirty days litter
she last day OF doing or performing such labor Ut
services, nd such labor services shall be deemed
continuous notw1thstsn ding change Of ownership
in said logs timber or EMPLOYERS for whom said
labor or services shall be done or per or1ned; pro
Yded, that such claim for lien for labor services
done or performed on telegraph poles railroad ties
cord wood and tan other bark aforesaid, shall
be filed within thirty days from and after the last
day OF doing or performing such labor or services.
Such clerks shall receive 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 hundred
and tmrty-three of said chapter one hundred and
forty-tnree ls hereby amended so as to read fol-
lows lSection 1888. The plaintiff in such actions
may have the remedy by attachment of the property
upon which the lien is claimed, provided by law in
personal actions, and such attachments may be is
sued and be served and returned, and like proceed
ings had thereon, including the release of any at
tached property, upon giving security, in civil
tons. The affidavit for the attachment must state
that the defendant, who is personally liable to the
plaintiff therefor, is indebted to him in a sum named
over and above all legal set-offs, for such labor
or or services done or performed as entities
the plaintiff to lien thereon under this
chapter and the chapter to which this is
amendatory, describing such logs or timber and
that the plaintiff has fled his claim to lien pursuant
thereto; and no other matter need be stated in such
affidavit. No undertaking upon such attachment, or
security for costs actions hereunder before justices
OF the peace need be given, unless upon application
OF some defendant IN the actlon showing by affidavit
that he has good and valid defense to the plaintiffs
claim, and to how much thereof and If 1t be only to
part OF such claim, unless the residue be paid to the
plaintiff at the time Of the application, which pay
ment if made shall not affect the jurisdiction of the
court; and no order shall be made requiring the Civ
ing OF such undertaking security for costs, except
upon ten days notice to the plaintiff. The attach
ment shall direct the officer to whom it is issucd TO
attach the property named in the afidavits or SO
much thereof shall be necessary to satisfy the sum
claimed to be due therein; and to hold the same sub
Ject to further proceedings in the action, The Off
Ger executing the attachment shall pay any boomage
due upon the property attached and the amount go
PAID shan be taxed as part of the costs of the action
Sections Section three thousand three hundred
and thirty-fve of said chapter hundred and
forty-threc is hereby amended to read as fol-
loW5 Section $685.. The taking of promissOry note
or other evidence Of debt for any such labor or
vices done shall not discharge lien therefor hereby
given, unless expressly received In payment therefor
and so specified within.
Section 8. Section three thousand three hundred
and forty Of said chapter hundred and forty
three is hereby amended SO as to lead as follows:
Section $40. The court jury which tries any ac-
ton hereunder shall, in addition to the sum due the
plaintiff, ind, If such be proven that the same is
DUE for the labor services DONE or some part of
them alleged in the complaint, and that the same is
lien upon the property. or some part thereof, de-
ecr1bed in the complaint and the judgment shall be
In accordance with the findings, with costs to be
taxed and allowed as in personal actions The exc
cution in addition to the directions and commands
OF ordinary executions upon judgments for money
Shall direct that such logs timber, describing
heIn, or 80 much thereof as may be necessary for
such purpose, be sold to satisfy said Judgment costs
and costs of sale. If the court justice or Jury shall
md that the amount found due the plaintiff il not
a lien upon any part of such logs or timber they
shall be released from the attachment if they have
been attached, but the plaintiff shall have iujq-
ment for the amount so found due with costs
cover but shall pay the costs of executing such at
tachments.
Section g. Section three thousand three hundred
and thirty Of said chapter hundred and forty