Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1885-06-17
LAWS OF WISCONSIN.
CHAPTER 234.

u,
dollars rs compensation for the services of V. A.
Henwood, rs legislative employee from the be-
ginning of this session to February 20, 1885.
Section 2. This act shall take effect and be in
force from and after its passage and publication.
Approved April 8, 1885.
CHAPTER 46e
An ACT relating to liens upon logs timber and
lumber, cordwood, railroad ties tan and other
oaTks, pll1ng, telegraph poles. telephone poles
a sdo fenee posts, and amendatory of sections
1922 $780, 1891, $685. 1886 and 1910 of the revised
of 1882.
The people of the state of Wisconsin represented
IN senate and assembly, do enact as follows
section l. Section 1929, of the revised statutes
as amended by chapter 319 of the laws of 1882,
y hereby amended so as to read as follows: Sec
non S529. Any person who shall do or perform
any labor or services in cutting, telling, hauling
running, driving, rafting. booming, cribbtng,
towing saving or manufacturing into lumber
any logs or timber in any of the counties in this
state shall have lien upon such logs, timber or
lumber, for the amount due or to become due
for such labor or services, which shall take pre-
cedence of all other claims or liens thereon. In
the counties of Door, Florence, Kewaunee, Mara
thon, Langlade, Marinette, Oconto, Portage,
snawano, Taylor and Waupaca; any person fur
n1sh1ng any supplies in the cutting, telling, haul
ing, RAINING, driving rafting, booming. crib
ping, towing, saving or manufacturing into lum-
Der any logs or timber, or any person furnishing
any supplies, or doing or performing any labor
or service in cutting, telling, piling, handling
scoring, hewing, handling or hauling any rail-
road ties, tan or other barks, piling, telegraph
poles telephone poles or fence posts, shall have
lien thereon for the amount due or to become
que for such supplies, labor services, provided
such lien for labor or services shall take preced-
ence OF all other claims thereon.
Section 2 Section $3.50 of the revised statutes
is hereby re-enacted and amended so to read
as follows: Section $3.50. The word supplies as
used In the preceding section shall be construed
TO mean and include all rafting other materials
and food used by the men andteams in and about
the cutting, telling, hauling driving, running,
rafting, cr1bbing or towing any such logs or tim
Der or IN cutting, telling, peeling, piling, hand
ing or hauling any such cordwood, railroad ties,
tan or other barks, piling, telegraph poles, tele
phone poles. or fence posts and all other materials
and articles usually used in the performance of
any such labor or services, including all grocer
les, provisions clothing and other articles ordi-
narily used by the laboring man and his family
or either of them, and which are furnished to any
such laboring man or his family or to his en-
plOyer to be used by any such laborer or his fam
lily while doing or performing any such labor
services upon any such logs, timber, cordwood
railroad ties, tan or other barks piling telegraph
poles, telephone poles or fence posts, and the
same is furnished to apply in payment for the
labor and services on such logs, timber, cord
wood, railroad ties, tan other barks, piling,
telegraph poles, telephone poles, or fence posts,
and to an amount not exceeding the agreed
wages for such labor or services, but the word
supplies shall not include horses, cattle, teams
bob sleighs, sleds, wagons, harnesses, bed or bed
clothing
Section g. Section 1881 of the revised statutes
as amended by said chapter 319. laws of 1882, is
hereby amended SO as to read as follows: Sec
tion 1881 No debt or demand for such supplies
furnished or labor Or services done ana performed
shall remain such lien unless claim therefor in
writing shall be made and signed by the claim
ant or his attorney and verified by the claimant
or some one in his behalf in the same manner
that pleadings in civil actions may by verified,
setting forth the nature of the debt or demand
for which the lien is claimed, the amount claimed
to be due, the description of the logs, timber,
lumber, cordWoOd, railroad ties, tan or other
barks, piing telegraph poles, telephone poles or
fence posts 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 claim fer
i0n shall II ed in tRe
office of the clerk of the circuit court of the
county in which such supplies were furnished
except that the claim for such liens for any
such labor or services done or performed or sup
ten out upon the Wolf river or any of its trbu-
taries for the purpose of being run down said
river or its tributaries shall be filed in the office
of the clerk of the city of Oshkosh. If the sup
done or performed between the first day of
November and the first day OF May follow
ing, the claim for such lien shall be filed on or
before the first day of June next thereafter, but
ifsuch labor shall have been done or performed
or supplies furnished after the first day of May
and before the first day of November thereafter,
or if the furnishing of such supplies or the doing
OF performing of such labor or services shall be
continuous from the first day of November or
day prior thereto to date beyond the first day
of May following the claim for lien shall be filed
within thirty days after the last day OF furnish
labor or services, and such furnishing OF such
supplies and such labor or services shall be
deemed continuous Notwithstanding change
of ownership, in said logs, timber lumber, cord
wood, railroad ties, tan or other barks, piling
telegraph poles, telephone poles or fence posts
The clerk with whom such claim for lien is hled
shall receive twenty-five cents for filing each
such claim or lien.
as amended BY chapter 319 of the laws of 1882, 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 claimed, provided by law in personal
actions, and such attachments may be ISSUED
and be served and returned and like proceedings
had thereon, including the release of any attach
ed 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
the sum named over and above all legal set-ots
for such supplies furnished or suck labor or ser
vices done or performed as entities the plalhntl1
ter to which this is amendatory; describing such
logs timber, lumber, cord wood, railroad
ties, tan or other barks, telegraph poles,
telephone poles, or fence posts, and that the
plaintiff has fled his claim or lien pursuant
thereto and no other fact 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 show
ing by affidavit that he has good and valid de-
Tense to the plaintiffs claim and to now much
thereof and if it be only to part of such claim
unless the residue be paid to the pla1ntln at the
time of the application, which payment if made
shall not affect the jurisdiction of the court and
no order shall be made by any circuit court or
Judge thereof requiring the giving of such undef-
taking or security for costs except upon ten Gays
notice to the plaintiff the attachment shall direct
the officer to whom it is issued to attach the prop
erty named in the affidavit or so much thereef as
shall be necessary to satisfy the sum claimed t.
be due thereon and to hold the same subject tt
further proceedings in the action. The officer
executing the attachment shall pay any boom
age due upon the property attached and the
amount so paid shall be taxed part of the cost
of the action.
Section 5. Section 1886 of the revised ststutes
- amended by chapter 319 laws of 1882, is here
by amended so to read as follows: Section
1886. The taking of promissory note or other
evidence Of debt for any such labor or services
done or performed or supplies furnished shall
not discharge the lien therefor hereby given un-
less expressly received in payment therefor and
SO specified therein.
Section 6. Section 3540 of the revised statutes
Is amended by chapter 319 of the laws of 1882, is
hereby amended SO as to read as follows: Section
$40. The court or jury which tries any action
hereunder shall in addition to the sum due the
plaintiff find if such be proven that the same lie
due for the supplies furnished or the labor or
services done or some part of them allegedin the
complaint and that the same is a lien upon the
property or some part thereof described i'll the
complaint and the Judgment shall be in accord
ance with the findings, costs shall be taxed and