CHAPTER 95. [Published April 8, 1872.] AN ACT providing for a lien upon boats and vessels for premiums for fire or marine insurance thereon. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Liability of boats or vessels for premium for SECTION 1. Every boat or vessel used in navigating or running upon any of the navigable waters of this state, shall be liable for all debts contracted by the insurance. master, owner, agent, manager or consignee thereof, on account of any insurance effected upon such boat or vessel, the engines, machinery, sails, rigging, tackle, apparel or furniture thereof against any fire or marine risk, and any such indebtedness, wheether remaining in open account or secured by the note or other evidence of indebtedness of the owner, master, agent, manager or consignee of such boat or vessel, or any other person, shall be and remain a lien upon such boat or vessel for one year from the time such indebtedness shall be contracted and such insurance effected, unless sooner discharged by payment, or unless such lien shall be released in writing by the insurance company, individual, association or person to whom such debt may be due or owing. ery. SECTION 2. Any insurance company, association or May institute person lawfully authorized to transact the business of action for recovfire or marine insurance in this state, having a demand for fire or marine insurance on any such boat or vessel as aforesaid, and which shall be a lien thereon pursuant to the first section of this act, may institute an action for the recovery thereof, and the enforcement of such lien in the circuit court of the county in which said vessel may lie, pursuant to the provisions of chapter one hundred and fifty of the revised statutes of this state, entitled "of proceedings for the collection of demands against boats and vessels," and the several acts amendatory thereof, and the lien hereby created may be enforced in the same manner as liens are now, or may be enforced by law in this state, against boats and vessels for materials and supplies; Not to predjudice other creditors. and all the provisions of said chapter one hundred and fifty of the revised statutes, and the several acts amendatory thereof, not inconsistent with the provisions of this act, are hereby declared to apply to the lien created by this act and the enforcement thereof. SECTION 3. No insurance company, insurer or other person shall be allowed to enforce the lien created under the provisions of this act, as against or to the prejudice of any other creditor or subsequent incumbrance or bona fide purchaser, unless suit be instituted to enforce such lien within six months after the indebtedNotice of lien. ness accrues. Any such debt shall cease to be a lien unless a notice thereof, stating the name of the vessel, the amount of the debt and the date when contracted, shall be filed in the office of the clerk of court of the county where such insurance shall be effected, or where the insurance company or insurers shall hold the principal office, within twenty days after such insurance shall be effected. SECTION 4. This act shall take effect and be in force from and after its passage. Approved March 22, 1872. CHAPTER 96. [Published March 26, 1872.] May draw stationery. Per diem of clerk. AN ACT to appropriate an amount sufficient to pay for the stationery used by the joint select committee on general laws, and to pay the clerk of said committee. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. That the joint select committee on general laws be and said committee is hereby authorized, through its chairman, to draw a sufficient amount of stationery necessary for the uses of said committee, not exceeding the sum of twenty dollars. SECTION 2. The clerk of said committee shall be paid the same per diem that the several clerks of standing committees of the legislature are respectively enti tled to under the laws of this state, which per diem shall be from January 19, 1872, the date of his appointment, to the end of the present session. SECTION 3. There is hereby appropriated out of the Appropriated. general fund in the state treasury, a sum sufficient to pay the amount authorized by this act. SECTION 4. This act shall take effect and be in force from and after its passage. Approved March 22, 1872. CHAPTER 97. [Published April 3, 1872.] AN ACT to appropriate a certain sum of money therein named to the governor for the relief of the sufferers by fire in the counties of Brown, Oconto, Door and Kewaunee. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated to the Appropriated. governor of the state, the sum of nine thousand and eighty-five dollars and sixteen cents, out of any money in the general fund not otherwise appropriated, for the relief of the sufferers by the fire of October, 1871, to be expended under the direction and approval of the governor for the purpose of rebuilding school houses and bridges injured or destroyed by fire in the counties of Brown, Oconto, Door and Kewaunee, and for such other purposes as the governor may, in his judg ment, consider will best aid and promote the interest of the sufferers. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 22, 1872. State tax levied. CHAPTER 98. [Published April 3, 1872.] AN ACT to provide for levying and collecting a state tax for the year 1872. The people of the state of Wisconsin, represented in senatə and assembly, do enact as follows: SECTION 1. There is hereby levied upon all the taxable property of the state, a state tax for the year of our Lord one thousand eight hundred and seventytwo, of five hundred thousand dollars, in addition to the amount authorized to be levied by existing laws. Said tax shall be apportioned among and assessed upon the several counties of the state, and collected and paid into the state treasury, as provided by law. Shall apportion The secretary of state shall apportion the amount hereby levied among the several counties of the state, and shall certify the same as now provided by law; and it shall be the duty of the county clerks of the several counties to apportion the amount so certified, among the several towns, cities and incorporated villages within his county, and certify the same as provided by law, which amount so apportioned and certified shall be collected and paid over according to law. amouut. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 22, 1872. 4 CHAPTER 99. [Published April 3, 1872.] AN ACT relating to attorneys' fees in justices' court, and amendatory of section two, chapter one hundred and forty-two, general laws of 1871. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section two of chapter one hundred Amended. and forty-two of the general laws of 1871, entitled "an act to amend sections six, eight and nine of chapter one hundred and twenty of the revised statutes, entitled of courts held by justices of the peace," approved March 24, 1871 is hereby amended so as to read as follows: Section 2. No attorneys' fees shall be allowed in any Allowance of action before a justice of the peace, except in civil ac- attorneys' fees. tions, when an attorney of a court of record has appeared therein for the party obtaining judgment, and the plaintiff shall only recover such costs, where the defendant or defendants have appeared and put in an answer or demurrer; and if on the return day of the summons, or the day to which the action may be adjourned before issue, the defendant shall by answer, tender the plaintiff judgment for a specified amount, the plaintiff shall not recover attorney fees nor any other costs made subsequent to such tender unless he shall recover on the trial of the action, a greater sum than tendered, but the defendant shall recover against the plaintiff, costs made subsequent to such tender, including attorney fees, to to be deducted from the plaintiff's judgment, or enforced by execution. SECTION 2. This act shall take effect from and after its passage and publication. Approved March 22, 1872. 8-GEN. LAWS. |