Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

event he shall be entitled to a lien against
the real estate to which such materials
were furnished or upon which such labor
was performed only to the extent OF the
amount owing and unpaid from the owner
of such real estate for all improvements
thereon for which such materials are fur
nished and labor performed at the time
of theService Of such notice. In any
event to complete such right of lien, the
sixty day notice must be served as here
inbefOre provided.
8. 1t shall be the duty Of every con-
tractor at the time he purchases any ma
terialS or contracts for the furnishing OF
any labor for any contract to deliver to
such material man or other person with
whom he contracts, description or the
real estate upon which the materials are
to be used or the labor to be performed
and the name of the owner thereof. and
his agent, if any, and it shall also be the
duty of every contractor before eacn ana
every payment is made to him or MS
assigns to give to the owner or his au-
thorized agent a verified written state
ment containing the names of all persons
furnishing materials or labor. whether
used or to be used to whom a lien IS
due to such principal contractor until ten
days after each written statement has
been so given; IL, for any reason, the
parties waive the giving Of such written
must be in writing, then and in that
event all moneys paid by the owner to
the principal contractor shall be and con-
stitute a trust fund in the hands of such
principal contractor to be used only In
the payment of claims due for labor and
materials to persons entitled to a lien by
law against said owner or his property.
and the using of such moneys by such
principal contractor for any other pur-
pose is hereby declared to be an embez-
Element of said moneys punishable as
provided for by law in case of embezzle-
ment.
4. In all cases where a lien shall be
filed under the provisions of this chapter
by any person other than the principal
contractor, it shall be his duty 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 pro-
perty upon the lien he may deduct from
any amount due by him to the contractor
the amount of such judgment and costs,
and if he shall have settled with the con-
tractor in full may recover from him any
amount so paid for which the contractor
was originally liable.
S. And any contractor or any
person furnishing materials under him.
who shall purchase materials on credit
and represent at the time of making the
purchase that the same are to be used In
designated building or other improve
ment and shall thereafter use or cause to
be used the said material in the construc-
ton of any building or Improvement otnef
than that designated, without the writ
ten consent of the person from whom the
materials were purchased, shall
be punished by imprisonment in the
county jail not more than three months
or by fine not exceeding three hundred
dollars.
6. The provisions of this section shall
also apply to all cases where improve
ments are being placed upon real estate
by the lessee under any lease continuing
or, than
which cases the right of lien herein pro-
vided shall attach to the interests of such
lessee and his assigns in such real estate
and the term "owner" of the real estate
as mentioned in this section shall, in all
such cases, be deemed to mean and in
clude any such lessee.
Section 2. Nothing in this section shall
affect any rights or contracts entered into
prior to the passage and publication of
this act.
Section 8. This act shall take effect
upon passage and publication.
Approved May 10, 1913. Copy Law