Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-04-16

Stay lolioN ms lhe petition for lien shall be
Med lthln lhirty days after the last dav Of do
ing or performing such labor OF services
and ,uch lso0r or services shall
be deemed continuous, Notwithstanding =
change OF ownership IN the property on which
such lien is claimed The clerk with wboln such
petition for lien is filed shall receive twenty
I'VE ceuts for filing each petition Where the
property SUBJECT 10 said hen, has been trans
ported OF taken from the county where the work
was dome Then the person in whose favor such
lien Exists, may at his OPTION. file his petition
Cor lien and bring action % foreclese 4e same
OF filing such petition.
Section 5. All actions 20 enforce any such lien
may DC brought ia the circuit court OF the
county where the work is done when the amount
claimed over and above all legal set.oifs exceeds
one hundred dollars. or before any maniCipIe
court or justice Of the peace having jurisdiction
OF the amouni, claimed aud of the parties,
Where the work for which the lien is claimed
shall have been done partly in one couptv and
partly in another, the petition for a lien may be
MED ana toreclosed in either one of said coun-
ties. Actions may be commenced 10 enforce and
fOrecloSe any such lien il the same be due imme-
diately after the fling of such petition for lien
and such claim for labor or services shall cease
10 be lien on the property named in the l.eti
ton for a lien, unless action TO fOreclose such
lien BE commenced within four months after the
filing of such petition. IL the claim be not due
at the time OF such filing the time when Tho
same shall become due shall be set forth in such
petition aud in such case such claim shall not
cease 10 De lien on the property named in the
petition until thirty days after such claim shall
have become due. provided, that such claim shan
continue lien in ali eases for four months fter
the filing of such petition, la all such actions
the person. company or corporation liable for
the payment OF such debt or claim shall be made
the party defendant 10 such action. ANY person
Claiming 20 be the owner OF such property or OF
any interest therein, may be made a parry de.
PENDANT, on application to the court in which
nal judgement therein.
section4 No person purchasing or otherwise
acquiring any title 70, or interest in the prep.
rrly on which such lien exists before the time
for fling such petition has expired shall be con-
sldered a bonahde purchaser as against the
rights ~ such lien claimant. Ii the time check
or ttme-order given for such work shall become
the property OF another, either by purchase or
otherwise Il shall remain a lien and the person
owning the same shall have the same right to a
lien as the person who performed the work for
which sue ume-check or time-order was given
section The plaintiff in such action may
have the remedy by attachm al Cf the properly
upon which the lien Is claiiaed, provided hy law
IN personal actions and such attachment may
issued, served and returned and like proceed
ings had thereon including the release OF any at
tacned property. upon giving security as in civil
actions The affidavit for the attachment must
state that the defendant 40 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 and services done or performed as en-
titles the plaintiff to a lien thereon under this
act describing the property on which 10 is
claimed such work was done or performed and
aver ring that the plaintiff has fled his petition
for lien pursuant to law; and no other fact
need be sta ed in such affidavit No undertaking
upou such attachment of security for costs in
actions hereunder before justices of the
peace or municipal courts. need be given unless
upon application of some defendant in
good and valid defense to the plaintiffs claim or
TO some part thereof and il ii be to a part only
of such claim, unless the residue be paid to the
plaintiff at the time Of such application which
payment If made shall not affect the jurisdie-
ton OF the court, and no order shall be made by
any circuit court or a judge thereof requiring
she giving of such undertaking or security Tor
costs except upon ten days notice to the plain.
till. The writ IF attachment shall direct the
officer 10 whom il is issued to attach the prop.
erty named or so much thereof as shall be neces-
sary 10 satisfy the sum claimed 20 be due thereon
and TO mold the same subject TO further proceed
lngS in the action. The officer executing the
writ OF attachment shall pay any charges for
booming or driving the property attached that
may be due and the amount so paid shall be
taxed as part of the costs of the action. Where
the property on which the lien is claimed has
oeen taken ont OF the county in which
the labor and services were done or per
formed the action may be commenced
in the circuit court of such county with
out regard to the amount claimed and
in such case the writ of attachment shall run to
the sher i'll Of the codnty in which the property
then is; who shall serve.and execute tn writ
and In like manner the execution upon any
Judgment obtained shall run TO the sheriff of the
power 70 make sale and proceed as on executions
issued rom the circuit court Of his county
When the action Is commenced in justice court.
OF municipal court the rules of practice and
procedure provided by statute for such court
shall govern, except as otherwise specially pro-
vided in this or other statutes relating 20 the
enforcement of such lien. Where personal ser
vice cannot be made upon the defendant and
the action is in the circu+ court service shall be
made az provided by law as service OF summons
on nor residents or persons who cannot be
az m 0ir ptsf4
If the action be in Justice or municipal court
the provisions of law relating to service Of
summons upon non presidents or persons who
cannot be found in other actions in such courts
shall govern and apply 10 such action 10 fore
close a lien.
Section Any person who shall cause the
property uponwhieh such liens exists to be trans
ported out of the state of Wisconsin. or who
shall secrete, or destroy the same so change
its character as 10 prevent the lien-claimant,
from subieeting the same TO the payment of his
claim, shall be liable to such ien-C claimant for
the amount Of his claim, as ana 70 "a ccnyer
sion.
Section 7. When more than JGe person has a
claim, for lien given hereunder upon the same
property, any person having such claim, may
have assigned to him the debt or claims of the
other subject 20 ali defenses and set-Ofis to such
claims against the original owner, and may file
a petition for his own lien and for the claims for
liens so assigned to him and bring an action to
enforce the same in his own name; but such pe.
tiiion and the complaint in the action shall
allege such assignment
Section Any person who shall sell or in
cumberer any property upon which such lien
exists, knowing that such lien is unsaiisfied
without inform ng the purchaser or ncumberer
OF the existence Of such lien shall be deemed
guilty OF Q misdemeanor and punished accord
ingly
section g. Sections / Q 8 and ofchapter
AIS, of the general laws of Wisconsin for the
year 1883 and chapter 454 OF the general laws
Of Wisconsin, for the year 1889. are hereby rep
peaed. Provided, that this act shall not affect
rights Of actions or remedies already accrued
under existing laws. All acts and parts of acts
conflicting with the provisions ofthisa act Is here
by repealed.
Section TO- This act shall take effect and be
force from and after its passage and publication.
Approved April 3. 1891