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Wisconsin
Wisconsin Liens for Service to Horses
NOTE: Wisconsin has a breeder's lien but no veterinarian's
or farrier's lien. However, the Wisconsin agister's lien is
broad enough to cover boarding charges for residential veterinary
or farrier services.
I. Breeder's Lien
WISCONSIN STATUTES
ACTIONS AND PROCEEDINGS IN SPECIAL CASES
CHAPTER 779. LIENS
SUBCHAPTER V. BREEDING ANIMAL, THRESHING LIENS, ETC.
779.49. Lien of owner of breeding
animal or methods
(1)(a) Except as provided in par. (b), every owner of a stallion,
jackass or bull, or semen from 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 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. 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. The
residue, if any, shall be returned to the party entitled to
it.
(b) No lien given under this subsection shall be effective
for any purpose 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.
(2) Any person who sells, disposes of or gives a mortgage
upon any dam which to the person's knowledge has been served
by a stallion, jackass or bull, or artificially inseminated
with semen owned by another, the fee for which has not been
paid, and who has not given written information to the purchaser
or mortgagee of the fact of the service or artificial insemination,
shall be guilty of a misdemeanor and upon conviction shall
be fined not more than $10 or imprisoned for not more than
60 days.
Wisconsin Liens for the Care of Horses
II. Agister's Lien
WISCONSIN STATUTES
ACTIONS AND PROCEEDINGS IN SPECIAL CASES
CHAPTER 779. LIENS
SUBCHAPTER IV. MECHANIC'S LIENS, ETC.
779.43. Liens of keepers of hotels, livery stables, garages, marinas and pastures
(1) As used in this section:
(a) "Boarding house" includes a house or building
where regular meals are generally furnished or served to
three or more persons at a stipulated amount for definite
periods of one month or less.
(b) "Lodging house" includes any house or building
or part thereof where rooms or lodgings are generally rented
to three or more persons received or lodged for hire, or
any part thereof is let in which to sleep at stipulated
rentals for definite periods of one month or less, whether
any or all such rooms or lodgings are let or used for light
housekeeping or not, provided that so called duplex flats
or apartment houses actually divided into residential units
shall not be considered a lodging house.
(c) "Marina" includes any property used for the
storage, repair or mooring of boats, whether on land or
in water.
(2) 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 the property of any other person
liable for such board and lodging for the proper charges
owing such keeper for board, lodging and other accommodation
furnished to or for such guest, boarder or lodger, and for
all moneys loaned, not exceeding fifty dollars, and for
extras furnished at the written request signed by the guest,
boarder or lodger, until such charges are paid, and any
execution or attachment levied upon such baggage or effects
shall be subject to such lien and the costs of satisfying
it. But 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.
(3) Subject to sub. (4), every keeper of a garage, marina,
livery or boarding stable, and every person pasturing or
keeping any carriages, automobiles, boats, harness or animals,
and every person or corporation, municipal or private, owning
any airport, hangar or aircraft service station and leasing
hangar space for aircraft, shall have a lien thereon and
may retain the possession thereof for the amount due for
the keep, support, storage or repair and care thereof until
paid. But no garage or marina keeper shall exercise the
lien upon any automobile or boat unless the keeper gives
notice of the charges for storing automobiles or boats on
a signed service order or by posting in some conspicuous
place in the garage or marina a card that is easily readable
at a distance of 15 feet.
(4)(a) The lien of a marina keeper under this section is
subject to the lien of any security interest in the boat
that is perfected as provided by law prior to the commencement
of the services for which the lien is claimed unless the
services were done with the express consent of the holder
of the security interest, but only for charges in excess
of $1,200.
(b) Within 30 days after the charges for the services of
a marina keeper become past due, the marina keeper shall
send written notice to the owner of the boat and the holder
of the senior lien on the boat informing them that they
must take steps to obtain the release of the boat. To reclaim
the boat, the owner or the senior lienholder must pay all
charges that have a priority over other security interests
under par. (a) and all reasonable storage charges on the
boat that have accrued after 60 days from the date that
the charges for the services became past due. A reasonable
effort to notify the owner and the holder of the senior
lien satisfies the notice requirement under this paragraph.
Failure to make a reasonable effort to notify the owner
and the senior lienholder renders void any lien to which
the marina keeper may be entitled under this section.
(c) A lien of a marina keeper under this section is in addition
to any remedy available under ch. 780.
779.48. How such liens enforced
(1) Every person given a lien by ss. 779.43 to 779.46, except
s. 779.43(3), or as bailee for hire, carrier, warehouse
keeper or pawnee or otherwise, by common law, may, in case
the claim remain unpaid for 3 months and the value of the
property affected thereby does not exceed $100, sell such
property at public auction and apply the proceeds of such
sale to the claim and the expenses of such sale. Notice
in writing, of the time and place of the sale and of the
amount claimed to be due shall be given to the owner of
such property personally or by leaving the same at the owner's
place of abode, if a resident of this state, and if not,
by publication thereof, in the county in which such lien
accrues, as a class 3 notice, under ch. 985. If such property
exceeds in value $100, then such lien may be enforced against
the same by action.
(2) Every person given a lien by ss. 779.41 and 779.43(3)
may in case the claim remains unpaid for 2 months after
the debt is incurred, and a person given a lien under s.
779.42(2) may if the claim remains unpaid 90 days after
the lien is perfected, enforce such lien by sale of the
property substantially in conformity with ss. 409.501 to
409.507 and the lien claimant shall have the rights and
duties of a secured party thereunder. When such sections
are applied to the enforcement of such lien the word debtor
or equivalent when used therein shall be deemed to refer
to the owner of the property and any other person having
an interest shown by instrument filed as required by law
or shown in the records of the department of transportation,
and the word indebtedness or equivalent shall include all
claims upon which such lien is based.
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