River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1882-05-11
Published April IL, 1881
CHAPTER 273.
AN ACT in relation to liens upon legs, lumber
and timber


CHAPTER 273.
AN ACT in relation to liens upon legs lumber
and timber.
The people OF the state of Wisconsin, represented
in the senate and assembly, do enact as follows
Section /. In any action which has been Oh
shall hereafter be commenced for the enforcement
Of q lien upen logs, timber or lumber, under any
law of this state, any person not party to such
action may, at any time either before or after
Judgment, and before an actual sale of the prop
erty upon which lien is claimed, become party
defendant to said action by fling with the clerk
of the court where such action is pending or with
the justice of the peace in actions pending in jus
ticss' courts an affidavit made by such person. oil
by some one in his behalf, to the effect that he il
the owner of or of some interest in the property
upon which a lien is claimed, and that he verify
believes that said claim for lien is unjust and in
valid and upon fling such affidavit he shall have
the right to defend said action so far as claim
for lien is concerned, and in case judgment has
previously been rendered for lien, he may appeal
within twenty days after the fling of such afiida-
Wit as in other cases.
Section 2. If such party appeals from the judg-
ment such appeals shall not stay execution unless
the appellant shall file an understanding with two
or more sufficient sureties, who shall each justify
in sum equal 10 double the amount of the judg-
ment, to the effect that if plaintiff recover judg
ment for lien upon such property, that they,
such sureties, will pay the amount of such judg-
ment with costs Said undertaking shall be ap-
proved by the judge of the appellate court. Upon
fling such undertaking all proceedings upon the
Judgment appealed from shall be stayed during
the tendency of such appeal, and in case execu-
tion shall have been previously issued, the same
shall upon presenting to the officer in whose Gus
tody the same may be certified copy of such aft.
davit and certificate Of the justice clerk Of the
court that an appeal has been perfected, be re.
turned, and all property in which appellant shall
claim an interest, that may have been levied upon
shall be released from such levy.
Section 3. If upon the trial in the appellate
court the plaintiff shall recover Judgment of her
upon such property, such judgment may be en-
tered against the appellant and their sureties i
upon such trial the plaintiffs do not establish thei
right to lien, the said appellants shall recover
judgment for costs.
Section 4. When the judgment TO be appealed
from is one rendered in Justices court, and wher
by reason Of death of such justice, or his absenc,
from the county, or any other cause, the said am
davit and undertaking can not be presented X
him, they may with notice of appeal and affidavit
upon appealed, be filed with the clerk of the cour
TO which such appeal is taksH, within the tam
aforesaid.
Section 5. This act shall take efre,t and be il
force from and after its passage and publication
Approved March 20, 1882.
Published April II, 1sS2.h
CHAPTER 227.
AN ACT to amend section 105 of the laws o
1880, entitled an act to allow general acciden
insurance companies to do business IN thu
state.
The people of the state of Wisconsin. represented
in the senate and assembly do enact as fellows
Section l. CHAPTER los of the laws of 1880 i
hereby amended SO as to read as follows: Section
/. 1t shall be lawful for accident insurance com
panies, organized under the laws OF any othe
state or of any foreign government, to make in
surance upon individuals of this state agains
personal injuries, dsablement or death resulting
from travelling or general accident by land o
water, also against accidents to property from
causes other than by Sire and lightning, ais
guaranteeing the fidelity of persons holdin:
places of public private trust, under authorit,
issued by the commissioner of insurance Of thi
state. Such companies shall be possessed OF
capital of one hundred thousand dollars, actdall,
paid up, and shall have the same amount de
posted with the insurance department of tn
state where such company is organized, and shal
file annual statements and shall be subject to th
same fees and taxes as are now paid by fire insur
ance companies doing business in this state.
Section 2. Every such corporation organizes
under the laws of any foreign government, shall
in addition to the foregoing, file in the office Q
the commissioner of insurance a statement, ver
fed by the oath of the president secretary o
manager residing in the United States, showinI
TO the satisfaction of the commissioner of insur
ance that such corporation has invested in tn
stocks or bonds Of the United States, Of tn
states of New York or Wisconsin, suel
stocks or bonds to be in all case
equal to a stock producing six pc
fentum per annum. and in bonds or mortgage
on unincumbered real estate worth fifty per cent
more than the amount loaned thereon, the sum o
at least one hundred thousand dollars. and tina
such stock or bonds deposited with the superin
tendent of the insurance department, state trea
surer or other proper state officer OF some one
the states of the United States, or are held b.
citizens of the United States, as trustees, an
that such securities are not pledged or incum
bered. but are held and remain for the beneh
and security of policy holders of such corpora
ton residing in the United States; or IN dc
fault Of such statement, shall deposit wit
the state treasurer for the benefit and securit
of policy holders residing in the Uuited States
sum not less than fifty thousand dollars Q
stocks of the United STAKES or of the state Q
Wisconsin in all cases to be equal to a stock pro
ducing six per cent. per annum, said stocks not 7
lie received by said treasurer at rate above thei
par value, or above their current market value.
in bond and mortgages on improved unincumber
| ed real estate in the state of Wisconsin, wort
| fifty per cent more than the amount loaned there
on. The stocks and securities so deposited may b
exchanged from time to time for other securitie
| receivable as aforesaid and 80 long as the COZ
poration so depositing shall continue solvent an
comply with the laws of this state, such corpora
ton may be permitted by the state treasure
| to collect the interest or dividends on said de
| posts.
Section 3. The commissioner of Insurance sha
| compute the reserve fund for reinsurance to
| held by such companies at fifty pe- cent um Q
the gross premiums received and receivable upo
all policies which shall be in force at the time Q
making such computation. Whenever the capits
of any company, authorized under this act, sha
become impaired to the extent of fifteen pc
| cent. or shall otherwise become unsafe, it sha
become the duty of the commissioner OF insu'
ance to cancel the authority of such company
| Section 4. This act shall take effect and be
| force from and after its passage and publicat:e
Approved March 25, 1882.