1997 Wisconsin Act 254

226.14 (1) (a) No common law trust organized in this state, and no such common law trust formed or organized under or by authority of the laws of any state or foreign jurisdiction, for the purpose of doing business under a declaration of trust which shall have issued to 5 or more persons, or which shall sell or propose to sell beneficial interests, certificates or memberships therein in the trust, shall transact business, or acquire, hold or dispose of property in this state until the trustees named in said the declaration of trust shall have caused to be filed with the department of financial institutions the original declaration of trust, or a true copy thereof of the declaration, and all amendments to the declaration which may be made, verified as such having been made by the affidavits of 2 of the signers thereof of each amendment.

(b) A like verified copy of the declaration of trust and such amendments verified in the manner described in par. (a), and a certificate of the department of financial institutions, showing the date when such the declaration was filed and accepted by the department of financial institutions shall, within 30 days of such filing and acceptance , shall by the department of financial institutions, be recorded with the register of deeds of the county in which such the trust has its principal office or place of business in this state. No such common law trust shall transact business in this state until such the declaration of trust or such verified copy thereof be of the declaration is left for record. The register of deeds shall forthwith immediately transmit to the department of financial institutions a certificate stating the time when such copy the declaration or verified copy of the declaration was recorded and . The register of deeds shall be entitled to a fee of 25 cents therefor for the certificate, to be paid by the person presenting such the papers for record. Upon receipt of such the register of deed's certificate, the department of financial institutions shall issue to said the trustees of the trust a certificate of filing.

Note: Subdivides provision, inserts specific references and cross-references.

254,164 Section 164 . 241.03 (1) of the statutes is amended to read:

241.03 (1) No land owner-cropper landowner-cropper contract is valid, except between the parties thereto to the contract, unless the contract, subscribed by the parties, describing the premises and containing the entire agreement between the parties, or a copy thereof of the contract, has been filed with the register of deeds of the county where such the premises are located. The register of deeds shall file, endorse, enter and index croppers' contracts filed with the register of deeds in substantially the same manner as provided for financing statements covering security interests in fixtures.

Note: Corrects spelling and inserts specific references.

254,165 Section 165 . 281.47 (2) of the statutes is amended to read:

281.47 (2) The city, village or town or the owner of land through which the drain is constructed may apply to the circuit court of the county in which the land is located to determine the damages, if any. No injunction against the use shall be granted until the damages are finally determined and payment refused. Unless within six 6 months after the system is completed the owner of the land institutes such proceedings the owner is barred. The proceedings shall be according to ch. 32, so far as applicable.

Note: Replaces word form of number with digit.

254,166 Section 166 . 616.71 (12) of the statutes is renumbered 616.71 (12) (intro.) and amended to read:

616.71 (12) (intro.) “Motor club service" means the rendering, furnishing or procuring of towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service and touring service, or any three 3 or more thereof, as herein defined of the following, to any person, in connection with the that person's ownership, operation, use, or maintenance, of a motor vehicle by such person, in consideration of such other person that person's being or becoming a member of, affiliated with or entitled to membership or other motor club service from any company rendering, procuring or furnishing the same, or being or becoming in any manner affiliated therewith, or being or becoming entitled to receive membership or other motor club service therefrom those services by virtue of any agreement or understanding with any such company.:

Note: Replaces word form of number with digit, inserts specific reference, reorders text, deletes unnecessary language and with the next section of this bill subdivides provision.

254,167 Section 167 . 616.71 (12) (a) to (k) of the statutes are created to read:

616.71 (12) (a) Towing service.

(b) Emergency road service.

(c) Insurance service.

(d) Bail bond service.

(e) Legal service.

(f) Discount service.

(g) Financial service.

(h) Buying and selling service.

(i) Theft service.

(j) Map service.

(k) Touring service.

Note: See the previous section of this bill.

254,168 Section 168 . 617.23 (3) (c) of the statutes is amended to read:

617.23 (3) (c) Joint and several liability. If under pars. (a) and (b) two 2 persons are liable with respect to the same distributions, they shall be jointly and severally liable.

Note: Replaces word form of number with digit.

254,169 Section 169 . 778.09 (1) of the statutes is renumbered 778.09 and amended to read:

778.09 Judgment, costs, commitment of defendant. Where judgment is recovered pursuant to this chapter it shall include costs and direct that if the same be judgment is not paid the defendant ( ,if an individual), shall be imprisoned in the county jail for a specified time, not exceeding six 6 months, or until otherwise discharged pursuant to law. The commitment shall issue, as in ordinary criminal actions, and such the defendant shall not be entitled to the liberties of the jail.

Note: Replaces parentheses and word form of number with digit. The subsection number is removed as this section does not have multiple subsections.

254,170 Section 170 . 779.35 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

779.35 Mining liens. Any person who shall perform performs any labor or services for any person or corporation employer engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such that labor, issued or drawn by any such person or corporation the employer, shall have a lien for the wages due for in the amount due on such the draft, check or order. The lien shall be upon all of the personal property connected with such the mining, smelting or manufacturing industry belonging to such person or corporation the employer, including the ores or products of such the mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and, subject to s. 779.36 (2), all of the employer's interest of such person or corporation in any real estate belonging thereto and connected with such the mining, smelting or manufacturing business , which said. The lien under this section shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation the employer, except liens accruing for taxes, fines or penalties and liens under ss. 292.31 (8) (i) and 292.81, subject to the exceptions and limitations hereinafter set forth contained in this subchapter.

Note: Replaces “person or corporation" with “employer" for consistency with s. 779.36 and for greater clarity, deletes redundant language and inserts specific references and cross-references.

254,171 Section 171 . 779.36 of the statutes is renumbered 779.36 (1) and amended to read:

779.36 (1) The Subject to sub. (2), the lien under s. 779.35 extends only to the amount of the interest in the real property held by the employer, and in. In case of the employer's death or insolvency, or of the sale or transfer of the employer's interest in the works, mines, manufactories or business, or the employer's interest therein by execution or otherwise, all moneys that may be due for wages to any miner, mechanic or laborer shall be a lien upon all said of the property and shall be preferred and first paid out of the proceeds of the sale thereof; provided, that no such.

(2) No claim for wages shall be a lien under s. 779.35 upon any real estate unless it shall be the claim is filed in the office of the clerk of the circuit court of the county in which the real estate, upon which a lien is claimed , is situated. The claim shall be filed within sixty 60 days after the claim, draft, time check or order upon which the claim is founded is due and payable, in the manner that claims for mechanics' liens are required to be filed.

Note: Subdivides provision, brakes up long sentences, reorders text, replaces word form of number with digits and inserts specific references and cross-references for improved readability and conformity with current style.

254,172 Section 172 . 779.37 of the statutes is amended to read:

779.37 Satisfaction of lien. If an attachment, execution or similar writ shall be issued against any person or corporation employer engaged in a business as is within described in s. 779.35, any miner, laborer, mechanic or other person who is entitled to claim a lien thereon under s. 779.35 may give notice in writing of the lien claim and the amount thereof of the lien claimed, verified by affidavit, to the officer holding the writ at any time before the actual sale of the property affected thereby and the, that is subject to the writ. The officer shall retain out of the sale proceeds of the sale a sufficient sum to satisfy all such lien claims, which sum shall be held by the officer, subject to such the order as of the circuit court may make.

Note: Replaces “person or corporation" with “employer" for consistency with s. 779.36 and for greater clarity, breaks up long sentence, deletes redundant language and inserts specific references and cross-references.

254,173 Section 173 . 779.43 (1) (a) of the statutes is amended to read:

779.43 (1) (a) “Boarding house" includes a house or other building where regular meals are generally furnished or served to three 3 or more persons at a stipulated amount for definite periods of one month or less.

Note: Replaces word form of number with digit and inserts “other" for clarity.

254,174 Section 174 . 779.43 (1) (b) of the statutes is amended to read:

779.43 (1) (b) “Lodging house" includes any house or other building or part thereof where rooms or lodgings are generally rented to three 3 or more persons received or lodged for hire, or any part thereof of a house or other building that is let in which to for sleep at stipulated rentals for definite periods of one month or less, whether any or all such of the rooms or lodgings are let or used for light housekeeping or not, provided except that so called duplex flats or apartment houses actually divided into residential units shall not be considered a lodging house lodging houses.

Note: Replaces word form of number with digit and inserts “other" for clarity.

254,175 Section 175 . 779.43 (2) of the statutes is renumbered 779.43 (2) (a) and amended to read:

779.43 (2) (a) Every Except as provided in par. (b), every keeper of an inn, hotel, boarding house or lodging house shall have a lien upon and may retain the possession of all the baggage and other effects brought into the place by any guest, boarder or lodger, whether the baggage and effects are the property of or under the control of the guest, boarder or lodger, or are the property of any other person liable for such the board and lodging for the proper charges owing such the keeper for board, lodging and other accommodation furnished to or for such a guest, boarder or lodger, and for all moneys loaned, not exceeding fifty dollars $50, and for extras furnished at the written request signed by the guest, boarder or lodger, until such the charges are paid , and any. Any execution or attachment levied upon such the baggage or effects shall be subject to such the lien given by this section and the costs of satisfying it. But the

(b) The lien given by this section does not cover charges for alcohol beverages nor the papers of any soldier, sailor or marine that are derived from and evidence of military or naval service or adjusted compensation, compensation, pension, citation medal or badge.

Note: Subdivides provision, brakes up long sentences, replaces word form of number with digits and inserts specific references and cross-references for improved readability and conformity with current style.

254,176 Section 176 . 779.49 (1) of the statutes is renumbered 779.49 (1) (a) and amended to read:

779.49 (1) (a) Every Except as provided in par. (b), every owner of a stallion, jackass or bull, or semen from such an animal a stallion, jackass or bull, kept and used for breeding purposes shall have a lien upon any dam served and upon any offspring gotten by the animal, or by means of artificial insemination for the sum stipulated to be paid for the service thereof, and of the dam. The owner of the stallion, jackass or bull, used to service, or semen used to artificially inseminate, the dam may seize and take possession of the dam and offspring or either without process at any time before the offspring is one year old, in case the price agreed upon for the service remains unpaid, and sell the offspring at public auction. The sale of the offspring shall be upon 10 days' notice, to be posted in at least 3 public places in the town where the service was rendered, and apply the. The proceeds of the sale shall be applied to the payment of the amount due for the service and the expenses of the seizure and sale, returning the. The residue, if any, shall be returned to the party entitled to it; provided, no.

(b) No lien given under this subsection shall be effectual effective for any purpose as against an innocent purchaser or mortgagee of the offspring or the dam of the offspring for value unless the owner having a claim for the service records with the register of deeds of the county where the owner of the dam served resides a statement showing that the service has been rendered and the amount due for the service.

Note: Subdivides provision, breaks up long sentences, reorders text, inserts specific references and replaces word form of number with digits.

254,177 Section 177 . 779.49 (2) of the statutes is amended to read:

779.49 (2) Any person who sells, disposes of or gives a mortgage upon any dam which to the person's knowledge has been so served by a stallion, jackass or bull, or artificially inseminated with semen owned by another, the fee for which service has not been paid, without giving and who has not given written information to the purchaser or mortgagee of the fact of such the service or artificial insemination, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $10 or by confinement in the county jail imprisoned for not to exceed more than 60 days.

Note: Inserts specific references.

254,178 Section 178 . 779.50 (1) of the statutes is renumbered 779.50 (1) (a) and amended to read:

779.50 (1) (a) Every person who threshes grain, cuts, shreds, husks or shells corn or bales hay or straw by machine for another shall have a lien upon the same grain, corn, hay or straw for the value of the services to the extent that the person contracting for such the services has an interest therein in the grain, corn, hay or straw, from the date of the commencement of such the service; and in case such.

(b) The lien given under par. (a) may be foreclosed at any time within 6 months from the date of the last charge for the services described in par. (a) as long as the charges remain unpaid, the. For the purpose of foreclosing the lien, the lien claimant may take possession of so much of such the grain, corn, hay or straw as shall be necessary to pay for such the services and the expenses of enforcing such the lien, for the purpose of foreclosing said lien at any time within six months from the last charge for such the services, and sell the same grain, corn, hay or straw at public auction, upon. The auction shall be held upon notice of not less than ten 10 nor more than fifteen 15 days from the date of such the seizure of the grain, corn, hay or straw under this paragraph.

Note: Subdivides provision, breaks up long sentences, reorders text, inserts specific references and replaces word form of number with digits.

254,179 Section 179 . 779.52 (title) of the statutes is repealed.

Note: See the next section of this bill.

254,180 Section 180 . 779.52 of the statutes is renumbered 779.50 (4) (intro.) and amended to read:

779.50 (4) (intro.) The costs and expenses of seizure and sale aforesaid under this section shall be: Seizing as follows:

(a) For seizing grain, corn, hay or straw, fifty 50 cents; posting up.

(b) For posting each notice, twelve 12 cents; serving.

(c) For serving each notice of sale, twenty-five 25 cents; for.

(d) For every copy of such a notice of sale delivered on request, twelve 12 cents ; for.

(e) For each mile actually traveled, going and returning to serve any notice; or to give or to post up notices of sale, ten 10 cents; for.

(f) For conducting such the sale, fifty of the grain, corn, hay or straw, 50 cents; for.

(g) For collecting and paying over all sums upon such the sale, five per cent; but in no case shall the whole percentage exceed ten dollars, and all 5% of the sums collected or $10 dollars, whichever is less.

(h) All necessary expenses incurred in taking possession of and preserving any grain, corn, hay or straw and preserving the same as shall be just and reasonable.

Note: Renumbers provision to be part of s. 779.50, for more logical placement, subdivides provision, deletes superfluous language, inserts specific references and replaces word form of number with digits.

254,181 Section 181 . 779.70 (3) of the statutes is amended to read:

779.70 (3) The governing board of such a corporation described in sub. (1) shall declare the assessments so levied under sub. (2) due and payable at any time after thirty 30 days from the date of such the levy and the. The corporation's secretary or other officer shall notify the owner of every lot so assessed of the action taken by the board, the amount of the assessment of each lot owned by such owner and the date such on which the assessment becomes due and payable. Such The secretary shall mail the notice shall be mailed by U.S. mail, postage prepaid, to the owner at the owner's last-known post-office address by the secretary by United States mail, with postage prepaid.

Note: Inserts specific references, reorders text and replaces word form of number with digits.

254,182 Section 182 . 779.70 (4) of the statutes is renumbered 779.70 (4) (intro.) and amended to read:

779.70 (4) (intro.) In the event that the an assessment levied under sub. (2) against any lot remains unpaid for a period of sixty 60 days from the date of the levy, then the governing board of such the levying corporation may, in its discretion, file a claim for a maintenance lien against such the lot at. All of the following apply to a claim for lien under this subsection:

(a) The claim may be filed at any time within six 6 months from the date of the levy, such.

(b) The claim to shall be filed in the office of the clerk of the circuit court of the county in which the lands affected thereby by the levy lie. Such claim for lien

(c) The claim shall contain a reference to the resolution authorizing such the levy and the date thereof of the resolution, the name of the claimant or assignee, the name of the person against whom the assessment is levied, a description of the property affected thereby by the levy and a statement of the amount claimed. It

(d) The claim shall be signed by the claimant or by its the claimant's attorney, and need not be verified, and may be amended, in case of an action is brought, by court order of court, as pleadings may be.

Note: Subdivides provision, inserts specific references and cross-references and replaces word form of number with digits.

254,183 Section 183 . 780.04 of the statutes is renumbered 780.04 (1) and amended to read:

780.04 (1) In all cases where the owner of any ship, boat or vessel is personally liable for any claim mentioned in s. 780.01, the claimant, the claimant's personal representatives or the claimant's assigns may, in an action against such the owner of the ship, boat or vessel for the recovery of such the claim, have a writ of attachment, by virtue of which all the right and title such that the owner had in such the ship, boat or vessel at the time such that the claim accrued or at any time thereafter may be attached to secure the payment thereof of the claim.

(2) Before any such attachment shall issue under this section is issued in any such action, the plaintiff or someone in the plaintiff's behalf shall make and annex thereto file in the action an affidavit stating all of the following:

(a) That the defendant in the action is indebted to the plaintiff or has a claim or demand against the plaintiff in a sum named specified amount, over and above all legal set-offs.