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No. 172, S.]

[Published May 4, 1891. CHAPTER 321.

AN ACT to amend section 3315, of chapter 143, of the revised statutes, entitled “Of liens," as

“ amended by chapter 312, laws of 1885, and chapter 535, laws of 1887, and chapter 333, laws of 1889.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

Amends sec.
3315, R. S. 1878,
as amended.

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as

mechanics and

SECTION 1. Section 3315, of the revised statutes as amended by chapter 312, of the laws of 1885, chapter 535, of the laws of 1887, and chapter 333, of the laws of 1889, is hereby amended by insert. ing after the word “lien” where the same occurs in the fourteenth line of section 1, of said chapter 333, the words, “if to be found in the county and if said owner or agent cannot be found in such county, by filing a notice in writing in the office of the clerk of the circuit court of said county," so that said section 3315, when so

amended shall read as follows: Section 3315. Lien of Every person who, sub-contractor of a material men. principal contractor or as employe of any con

tractor or sub-contractor, performs any work or labor for, or furnishes any materials to a principal contractor or sub-contractor, in any of the cases mentioned in the preceding section, shall be entitled to the lien and remedy given by this chapter, if, within sixty days after performing such work or labor or furnishing such materials, he shall give notice in writing, to the owner or his agent, of the property to be affected by such lien, if to be found in the county, and if said owner or agent cannot be found in such county, by filing a notice in writing, in the office of the clerk of the circuit court of said county, setting forth that he has been employed by such principal contractor or sub-contractor, to perform or furnish, and has performed or furnished such work, labor or material, with a statement of the labor performed, or the materials furnished, and the amount due therefor from such principal contractor or sub-contractor, and that he claims the lien given by this chapter. 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 the duty of the principal contractor to defend any action brought thereupon at his own expense, and during the pendency 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 judgment and costs, and if he shall have settled with the contractor in full, shall be entitled to recover back from the principal contractor any amount 80 paid by the owner, for which the principal contractor 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 are to be used in a designated building or other improvement, and sball 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 purchased with intent to de. fraud such persons, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by imprisonment in the county jail not more than three months, or by a fine not exceeding three hundred dollars.

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SECTION 2. All acts and parts of acts inconsistent with the foregoing section are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication.

Approved April 20, 1891.

No. 318, S.]

(Published May 4, 1891.

CHAPTER 322.

AN ACT to authorize W. B. Crawford, his heirs

and assigns, to erect and maintain a dam on Vermillion river, in Barron county.

W. B. Crawford
et al may
builı dam.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows: SECTION 1. W. B. Crawford, his associates, heirs and assigns, are hereby authorized to erect and maintain a dam across Vermillion river, in Barron county, on land now owned or which shall hereafter be acquired by purchase or lease by said W. B. Crawford, his associates, heirs or assigns, in section twenty, in township thirty-four north, of range twelve west; said dam to be con: structed for hydraulic, manufacturing and boomage purposes, and the said W. B. Crawford, his associates, heirs and assigns, are authorized to erect mills, machinery and necessary appendages to enable them to use the water of said river for the purposes aforesaid; provided, that said dam shall not raise the water to exceed eight feet, or interfere with any other dam now erected on said river above such location.

SECTION 2. The said W. B. Crawford, his associates, heirs and assigns, shall build suitable slides in said dam, for running logs and timber over the same, and shall keep the same in repair. The same shall be kept open at all times when the said river is at a driving stage, and there are logs and timber to run over said dam. The said W. B. Crawford, his associates, heirs and assigns, shall pass through the reservoir created by said dam all logs and timber owned or controlled by any other person or corporations, free and clear of all costs and expenses without hindrance or delay, and shall maintain a sufficient head of water for that purpose, and in the event of any failure to carry out the provisions of this act, the said W. B. Crawford, his associates, heirs and assigns, shall be liable for any and all damages sustained by reason of such failure.

Slides and passages for togs.

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SECTION 3. The control of said dam and slides Control. shall belong to said W. B. Crawford, his associates, heirs and assigns, but subject always to the pro. visions of section 2 of this act.

SECTION 4. The dam so erected shall be subject to be reguto all the provisions of chapter 146, of the revised ter 146, R.S.

by chap statutes of 1878, and acts amendatory there. 1878. of, so far as said chapter and acts amendatory may be applied; provided, however, that the said W. B. Crawford, his associates, heirs and assigns, for the purpose of ascertaining the compensation to be made for overflowing or otherwise injuring the lands of others, may proceed according to the provisions of chapter 318, of the laws of 1882, and acts amendatory thereof.

SECTION 5. The legislature hereby reserves the Legislature right to alter, amend or repeal the franchises may alter, granted in this act, whenever in the judgment of repeal fran

chise. the legislature, it is necessary or proper to do so.

SECTION 6. This act sball take effect and be in force from and after its passage and publication.

Approved April 20, 1891.

or

No. 127, S.]

[Published May 4, 1891.

CHAPTER 323.

AN ACT to amend the charter of the city of

Waupaca.

(See Vol. 2.)

No. 246, A.]

[Published May 4, 1891.

CHAPTER 324.

AN ACT to authorize the Commercial Bridge

company, its successors and assigns, to build and maintain a free wagon, foot or railroad bridge over and across the waters of Sturgeon Bay, between the city of Sturgeon Bay and the village of Bay View, in the county of Door, state of Wisconsin.

Free wagon, foot or rail. road bridge.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. The Commercial Bridge Company, its successors and assigns, are hereby authorized to build and maintain a free wagon, foot, or if deemed expedient, or necessary, a railroad bridge over and across the waters of Sturgeon Bay, in the county of Door, and state of Wisconsin, between the city of Sturgeon Bay and village of Bay View, said bridge to commence at the foot or southwesterly end of Portage or Forest street, in the city of Sturgeon Bay, extending across the said waters of Sturgeon Bay and terminating on lots three or four in section seven, town twenty-seven north, of range twenty-six east. Door county, Wisconsin, and for the purpose of this act this said company shall have the right to drive piles, construct cribs, build dykes or adopt any other method necessary or reasonable for the construction of a safe and convenient wagon, foot or railway bridge. Provided, however, that said bridge shall be so constructed as not to materially interfere with the safe passage of boats, vessels and other water craft navigating the waters of Sturgeon Bay.

SECTION 2. It is hereby made the duty of said company to provide a suitable pivot draw, having a span of not less than seventy-five feet in the clear space on either side of the center crib or pivot for this said bridge; and they are also hereby required to build, construct and maintain suitable approaches, guards and protection piers of sufficient strength and stability to protect the boats, vessels and other crafts from damage that may

Draw, approaches, guards, etc.

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