Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1881-05-04
Published April IL, 1881
DTED OOH

CHAPTER 800.
AN ACT relating to liens upoE logs and timber and
amendatory 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 for 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 rs follows:
Sec1on 1. 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 80 as to read as follows: Section $685. Any
person who shall do perform any labor or services
In cutting Telling, hauling running driving rafting
booming, cribbing, towing, saving or manufacture
ing into lumber any logs or timber in any of the
counties of this state shall have a lien uDon such
logs or timber for the amount due or to become due
for such labor or services, which shall take prece-
dence OF all other claims 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
cribbing, towing 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 hauling cord wood or in
cutting peeling, piling, handling hauling any tan
or other bark.
Section .. Section three thousand three hundred
and th1rty-one OF said chapter one hundred and
forty three is hereby amended as to read as fol-
lows: Section 1891. No debt demand for such
labor or services shall remain such lien, unless a
claim therefor in writing shall be made and signed
Y. nv
claimant or some in his behalf in the same man
ner that pleadings 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, description of the logs or timber against
which the lien is claimed, and that the claimant
claims lien thereon pursuant to this chapter and
the chapter to which this is amendatory. Such
petition, except for labor or services done in the
counties hereinafter particularly named shall be
filed in the office of the clerk of tho circuit court of
the county in which such labor services were done
Or performed; and for such labor or services done
or performed in the counties of Shawano, Waupaca,
outaSamie, Winnebago and Fond du Lac, or in such
parts of the counties of Brown, Oconto and othas
counties wherein such logs timber got out up
on the Wolf river any Of its tributaries for the
purpose Of being run down said river or its tribu-
taries such claim for lien shall be filed in the Office
of the clerk of the city of Oshkosh II the labor or
services done between the first day of November
and the rstday Of May following, the claim for lien
shall to filed before the first day of June next
except hereinafter provided; but II
asne after the first day Of May and before the first
DAY Of November thereafter, Or IL said labor
vices shall be continuous from the first day of
November beyond the first day Of Ma following, the
claim for lien shall be fled within thirty days After
eas last day Of doing or performing such labor
hervaeos nd such labor or services shall be deemed
continuous notwithstanding change Of ownership
IN said logs or timber, employers for whom said
labor or services shall be done or performed; pro-
yided that such claim for hen for labor or services
done or performed on telegraph poles railroad ties
cord wood and tan or other bark aforesaid, shall
be filed within thirty days from and after the last
Such clerks shall receive twenty cents for filing
each such claim for lien, and for certified copies
thereof the fees allowed bS for certified copies of
papers to clerks Of circuit courts.
Section g. Section three thousand three hundred
and thlrty-three Of said chapter one hundred and
forty-three is hereby amended so as to read fol-
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 tho 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 named,
over and above all legal set-offs, for such labor
or services done or performed as entities
the plaintiff to q lion thereon under this
chapter and the chapter to which this il
amendatory, describing such logs 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 in 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
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 recurring 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 issued 20
attach the property named in the afidavits, or 30
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 tue property attached and the amount so
paid shall be taxed part of the costs of the action
Section 4. Section three thousand three hundred
and thirty-fve of said chapter one hundred and
forty-three is hereby amended to read as fol-
lows: Section 1885. The taking of promissory note
or other evidence of debt for any such labor or SER
vices done shall not discharge lien therefor hereby
g1Ven unless expressly received in payment therefor
and 80 specified within,
Section o. Section three thousand three hundred
and forty Of said chapter one hundred and forty
three is hereby amended SO as to read as follows.
Section $780, The court or jury which tries any ac-
ton hereunder shall, in addition to the sum due the
plaintiff, find, if such be proven that the same is
que lor tne laoer or services DONE or some part of
them alleged in the complaint, and that the same is
hen upon the property. or some part thereof de-
scr1bed In the complaint and the Judgment shall be
tsaS WIN the hndlngs with costs to be
cuton, in addition to the directions and commands
of ordinary executions upon judgments for money
shall direct that such logs or timber describno
them, or 30 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
find that the amount found due the plaintiff ia NOT
lien upon any part of such logs or timber thew
shall De released from the attachment if thew have
been attached, but the plaintiff shall have judg-
as in ordinary civil actions; but he shall not re-
cover but shall pay the costs of executing such at
tachments.
Section 6. Section three thousand three hundred
and thirty of said chapter one hundred and forty
three, chapter one hundred and sixty-seven of the
general laws of a879, entitled, act to amend sec
tons three thousand three hundred and twenty-nine
and three thousand three hundred and thirty Of
chapter one hundred and forty-tiree of the revised
statutes of 1873 entitled Of liens and chapter sixty
two of the general laws of 1880, entitled an act to
amend chapter one hundred and sixty-seyen of the
general laws Of 1879, entitled act to amend sec
hons three Thousand three hundred and twenty-nine
and section 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 il force
from and after the first day of July, 1881.
Approved April 2, 1881.
Published March %, 1881
CHAPTER 149.
AN ACT to amen d section seven hundred and sixty
two of the revised statutes relating to the keeping
of a tract index by registers of deeds.
The people of the state OF Wisconsin, represented In
senate and assembly, do enact as follows:
Section 1. Section seven hundred and sixty-two Of
the revised statutes is hereby amended by adding 10
said section at the end thereof the words, provided,
further that nothing hereinbefore contained shall be
SO construed to prevent any county from discon-
tinIing such index whenever such county may have
adopted may hereafter adopt and shall maintain,
Keep and maintain complete abstract of title to the
real estate of such county part Of the ofdcA
,x,cords of the register Of deeds of such county