Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-05-28
Published May 4, SOL
No. 172. 81

No. l72, >. Published May 4, S9l
CHAPTER 32l.
AN ACT to amend section 1915, of chapter 143, of
the revised statutes, entitled "Of lensn as
amended by chapter $40, laws of 1895, and chapter
$50 laws of 1887, and chapter 333 laws of 1889.
The people ofthe State OF Wisconsin represented
in senate and assembly, do enact as follows.
Section /. Section 1915, of the revised statutes
as amended by chapter 3l2, of the laws OF 1885,
chapter 535 of the laws of 1887 and chapter $685. Of
the laws of 1889, Is hereby amended by inserting
after the word 'lenn where the same occurs in the
fourteenth line of section l, o. said chapter 333
the words, ''if to be found IN the county, and If
said owner or agent cannot be found in such
county, b5 filing notice in writing In the office
of the clerk OF the circuit court OF said county"
that said section 1915, when so amended shall read
as follows Section 1915. Every person who as
such sub-cOntractor of principal contractor
empioye of any contractor or subcontractor, per
forms any work or labor for furnishes any
Materials to a principal contractor sub-con-
tractor, in any of the cases mentioned in the pre-
ceeding section, shall be entitled to the lien and
remedy given by this chapter, it, within sixty days
after performing such work or labor or furnishing
such materials he shall give notice in writing, to
the owner his agent, of the property to be eff
fected by such lien, if to be found in the county
and if said owner agent cannot be found In such
country, by filing notice in writing, in the Office
Of the clerk of the circuit court of said county,
setting forth that he has been employed by ouch
principal contractor or sub-contractor, to perform
furnish, and has performed or furnished, such
work, labor or material, with statement of the
labor performed, or the materials furnished, and
the amount due therefor from such principal con-
tractor or sub-contractor, and that he claims the
lien given by this chapter. In all where a
lien shall be filed under the provisions OF this
chapter, by any person other than the principal
contractor, it shall be the duty of the principal
contractor to defend any action brought thereupon
at his own expense, and during the tendency Of
such action the owner may withhold from the
contractor, the amount OF money for which such
lien shall be filed; and In case Of Judgment against
the owner or his property, upon the lien, he shall
be entitled to deduct from any amount due by him
to the contractor, the amount Of such judgement
and costs, and II he shall have settled with the
contractor in full, he shall be entitled TO
back from the principal contractor any amount so
paid By the owner, for which the principal con-
tractor was originally liable. And any contractor
or sub-contractor who shall purchase materials on
credit and represent at the time Of the purchase,
that the same 10 be used in a designated build
ing or other improvements, and shall thereafter
use or cause to be used, the said material in the
construction Of any building or improvement other
than that designated without the written consent
of the person from whom the materials were pur
chased with intent to defraud such person shall be
deemed guilty Of a misderneanor, and conYic-
ton shall be punished by imprisonment Ia the
county jail not more than three months, or by
tne not exceeding three hundred dollars.
Section 2. All acts aud part Of acts Inconsistent
with the foregoing section are hereby repealed.
Section 8. This act shall take effect and be IN
force from and after its passage and biication.
AyDrOved April %. 1891