AB971: Bill Text

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 9 Section 9. 134.29 (1) and (2) of the statutes are amended to read:

AB971,7,9 134.29 (1) In any test for the ascertainment of to determine the fineness of any such silver article mentioned in ss. 134.26 to 134.28, according to the standards therein contained in ss. 134.26 to 134.28, the part of the article taken for the test, analysis or assay, shall be such part or portion as does not contain or have attached thereto to it any solder or alloy of inferior metal used for brazing or uniting the parts of such the article.

AB971,7,21 (2) In addition to the foregoing test and standards Notwithstanding sub. (1) and ss. 134.26 to 134.28, the actual fineness of the entire quantity of metal purporting to be silver contained in any article mentioned in ss. 134.26 to 134.28, including all solder or alloy of inferior fineness used for brazing or uniting the parts of any such the article (all such silver, alloy or solder being assayed as one piece), shall not be less by more than ten one-thousandths parts than the fineness indicated marked on the article, according to the foregoing standards, by the mark stamped, branded, engraved or imprinted upon such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed contained in ss. 134.26 to 134.28. In determining the fineness of metal for purposes of this subsection, the silver, alloy or solder being tested shall be tested as one piece.

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 10 Section 10. 134.31 of the statutes is amended to read:

AB971,8,13 134.31 (title) Misbranding of silver plated silver-plated articles. Any person, firm, corporation or association, who or which makes for sale, or sells or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, who sells any article of merchandise made in whole or in part of inferior metal, having deposited or plated thereon on the inferior metal or brazed or otherwise affixed thereto to the inferior metal, a plate, plating, covering or sheet of silver or of any alloy of silver, and which article is known in the market as "silver plate" or "silver electroplate,", or by any similar designation, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, which is marked with the word "sterling" or the word "coin,", either alone or in conjunction with any other words or marks, is guilty of a misdemeanor.

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 11 Section 11. 134.32 of the statutes is amended to read:

AB971,8,22 134.32 (title) Penalty for violations of sections ss. 134.25 to 134.32 134.31. Every person, firm, corporation or association guilty of a violation of who violates any one of the provisions of ss. 134.25 to 134.32 134.31, and every officer, manager, director or managing agent of any such person, firm, corporation or association, directly participating in such violation or consenting thereto to a violation of ss. 134.25 to 134.31, shall be punished by a fine of not fined not less than $25 nor more than $500 nor less than $25, or imprisonment or imprisoned for not more than 3 months, or both, at the discretion of the court.

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Standardizes penalty language with current style. Simplifies structure by making long phrases definitions under s. 134.245. There can be no violation of s. 134.32 as its sole function is to provide penalties for violations of other sections.

AB971, s. 12 Section 12. 134.33 (5) (e) 3. of the statutes is amended to read:

AB971,9,3 134.33 (5) (e) 3. The percentage of platinum in such the article shall be is no less than five per cent 5% in weight of the total weight of the article; and

Note: Replaces word form of number with digit and other disfavored terms.

AB971, s. 13 Section 13. 137.02 (1) of the statutes is amended to read:

AB971,9,15 137.02 (1) The governor shall have power to appoint one or more commissioners in any of the United States, or of the territories belonging to the United States and in foreign countries, who shall hold office for the a term of four 4 years unless sooner removed. Every such commissioner appointed under this subsection shall take the official oath before a judge or clerk of one of the courts of record of the state or territory or country in which the commissioner shall reside, and. The commissioner shall file the same oath, with an impression of the commissioner's seal of office and a statement of the commissioner's post-office address, in the office of the secretary of state, and. The commissioner shall at the same time pay into the treasury the sum of five dollars; and thereupon $5, at which time the commissioner's commission shall issue.

Note: Replaces word form of number with digit, inserts specific references and breaks up long sentence.

AB971, s. 14 Section 14. 148.02 (1) of the statutes is renumbered 148.02 (1) (intro.) and amended to read:

AB971,9,20 148.02 (1) (intro.) The physicians and surgeons, not less than five 5 in number, of the several counties, except those wherein counties where a county medical society already exists, may meet at such time and place at the county seat as a majority agree upon and organize a county medical society, and when. When so organized it shall, a county medical society:

AB971,10,4 (a) Shall be a body corporate by the name of the medical society of such the county, shall for which it is organized.

AB971,10,5 (b) Shall have the general powers of a corporation , and may.

AB971,10,6 (c) May take, by purchase or gift , and hold real and personal property. County

AB971,10,8 (1m) All County medical societies now existing are continued with organized prior to June 7, 1878, shall have the powers and privileges conferred by this chapter.

Note: Replaces word form of number with digit, subdivides provision and inserts specific references.

AB971, s. 15 Section 15. 148.02 (2) of the statutes is amended to read:

AB971,10,14 148.02 (2) Physicians and surgeons who, before April 20, 1897, received a diploma from an incorporated medical college or society of any of the United States or territories or of any foreign country, or who shall have received a license from the medical examining board, shall be entitled to meet for organization to organize or become members of the county medical society.

Note: Deletes obsolete clause that applies to doctors who received a diploma prior to April 20, 1897.

AB971, s. 16 Section 16. 157.062 (6) (a) of the statutes is amended to read:

AB971,10,17 157.062 (6) (a) The association is dissolved by failure to hold an annual election for three 3 successive years.

Note: Replaces word form of number with digit.

AB971, s. 17 Section 17. 167.07 (1) of the statutes is renumbered 167.07 (1) (intro.) and amended to read:

AB971,11,3 167.07 (1) (intro.) No person, association or corporation shall may manufacture, store, offer for sale, sell, or otherwise dispose of or distribute white, any of the following:

AB971,11,6 (a) White phosphorus, single-dipped, strike-anywhere matches of the type popularly known as "parlor matches; " nor manufacture, store, sell, offer for sale, or otherwise dispose of or distribute white".

AB971,11,11 (b) White phosphorus, double-dipped, strike-anywhere matches, or other type of double-dipped matches, unless the bulb or first dip of such match is composed of a so-called safety or inert composition, nonignitible on an abrasive surface; nor manufacture, store, sell or offer for sale, or otherwise dispose of or distribute matches.

AB971,11,15 (c) Matches which, when packed in a carton of five hundred 500 approximate capacity and placed in an oven maintained at a constant temperature of two hundred 200 degrees F. Fahrenheit, will ignite in eight 8 hours; nor manufacture, store, offer for sale, sell or otherwise dispose of or distribute.

AB971,11,17 (d) Blazer, or so-called wind matches, whether of the so-called safety or strike-anywhere type.

Note: Subdivides provision, deletes redundant language and replaces word form of number with digit. "Person" is defined in s. 992.01 to include firms, corporations and associations.

AB971, s. 18 Section 18. 167.07 (2) of the statutes is renumbered 167.07 (2) (a) (intro.) and amended to read:

AB971,11,21 167.07 (2) (a) (intro.) No person, association or corporation shall offer may do any of the following:

AB971,12,2 1. Offer for sale, sell or otherwise dispose of or distribute any matches, unless the package or container in which such matches are packed bears plainly marked on the outside thereof the name of the manufacturer and the brand or trademark under which such matches are sold, disposed of or distributed; nor shall.

AB971,12,5 2. Open more than one case of each brand of matches of any type or manufacture be opened at any one time in the a retail store where matches are sold or otherwise disposed of; nor shall.

AB971,12,8 3. Keep loose boxes or paper-wrapped packages of matches be kept on shelves or stored in such a retail stores store at a height exceeding five 5 feet from the floor; all.

AB971,12,12 (b) All matches, when stored in warehouses, excepting except manufacturers' warehouses at the place of manufacture, when such warehouses that contain automatic sprinkler equipment, must shall be subject to each of the following conditions:

AB971,12,13 1. The matches shall be kept only in properly secured cases, and.

AB971,12,15 2. The matches shall not be piled to a height exceeding ten 10 feet from the floor; nor.

AB971,12,17 3. The matches shall not be stored within a horizontal distance of ten 10 feet from any boiler, furnace, stove or other like similar heating apparatus, nor.

AB971,12,19 4. The matches shall not be within a horizontal distance of twenty-five 25 feet from any explosive material kept or stored on the same floor; all.

AB971,13,4 (c) All matches shall be packed in boxes or suitable packages, containing not more than seven hundred 700 matches in any one box or package; provided, however, that when. If more than three hundred 300 matches are packed in any one box or package, the said matches shall be arranged in two 2 nearly equal portions, with the heads of the matches in the two 2 portions shall be placed in opposite directions, and all. All boxes containing three hundred and fifty 350 or more matches shall have placed over the matches a center holding or protecting strip, made of chipboard, not less than one and one-quarter 1.25 inches wide; said and the strip shall be flanged down to hold the matches in position when the box is nested into the shuck or withdrawn from it.

Note: Subdivides provision, breaks up long sentence, replaces word form of numbers with digits and other language. "Person" is defined in s. 990.01 to include firms, corporations and associations.

AB971, s. 19 Section 19. 167.20 (2) of the statutes is amended to read:

AB971,13,11 167.20 (2) Any person who shall violate the provisions of violates this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of fined not less than twenty-five dollars $25 nor more than one hundred dollars, $100 or by imprisonment in the county jail imprisoned for not less than thirty 30 days nor more than six 6 months. Each day during which a violation of the provisions of this section continues shall be deemed considered a separate offense.

AB971, s. 20 Section 20. 170.02 of the statutes is renumbered 170.02 (1) and amended to read:

AB971,13,19 170.02 (1) Every finder of a stray shall, within 7 days thereafter after finding the stray, notify the owner thereof of the stray, if known to the finder, and request the owner to pay all reasonable charges and take such the stray away; and, if such. If the owner be is unknown to the finder, the finder shall, within ten 10 days after finding the stray, file a notice with the town clerk of the town, who shall transmit a copy thereof to the county clerk.

AB971,13,22 (2) The finder of a stray shall publish notice, if the value of the stray exceeds $50, as a class 3 notice, under ch. 985, in the county. The notice shall briefly describe contain all of the following:

AB971,14,2 (a) A brief description of the stray by, giving its marks, natural or artificial, as near as practicable, the.

AB971,14,4 (b) The name and residence of the finder, specifying the section and town, and the.

AB971,14,5 (c) The time when such the stray was taken up. For neglect or refusal.

AB971,14,13 (3) If the finder neglects or refuses to publish such the notice as required under sub. (2), the finder of such the stray shall be liable in double the amount of damages sustained by the owner of such the stray. For neglect or failure If the finder neglects or refuses for one year to publish such notices the notice required under sub. (2), the finder of such the stray shall be liable for its the full value of the stray, to be recovered by an action in the name of the town, and the. The amount recovered shall be added to the school fund of such town apportioned in the same manner as tax revenues collected by the town for schools under s. 60.33 (9) (d).

Note: Subdivides provision, breaks up long sentence, replaces word form of numbers with digits and other language. There is no town school fund. This term was inserted by the editors of the revised statutes of 1878. The replacement language inserted by this bill reflects the original language of Chapter 69, Laws of 1869, as updated to reflect current s. 60.33 (9) (d).

AB971, s. 21 Section 21. 171.02 of the statutes is renumbered 171.065 and amended to read:

AB971,15,2 171.065 Disposition of proceeds. If the owner of the property sold under this chapter or the owner's legal representatives shall, at any time within five 5 years after such money shall proceeds from the sale have been deposited in the county treasury, furnish furnishes satisfactory evidence to the treasurer of the ownership of such the property, the owner or the owner's legal representatives shall be entitled to receive from such treasurer the amount so of the proceeds deposited with the treasurer. If not claimed within said time by the owner or the owner's legal representatives do not claim the sale proceeds within the same 5-year period, the proceeds shall belong to the county.

Note: Renumbers provision for more logical placement in the chapter, inserts specific references, replaces word form of numbers with digits and deletes or replaces disfavored terms.

AB971, s. 22 Section 22. 172.01 of the statutes is amended to read:

AB971,15,14 172.01 Animals not to run at large. No stallion over one year old, nor bull over six 6 months old, nor boar, nor ram, nor billy goat over four 4 months old shall run at large; and if. If the owner or keeper shall of an animal described in this section, for any reason, suffer any such permit the animal to do so run at large, the owner or keeper shall forfeit five dollars $5 to the person taking it up the animal and shall be liable in addition for all damages done by the animal while so at large, although regardless of whether the animal escapes without animal's escape was the fault of such the owner or keeper; and the. The construction of any fence enumerated in s. 90.02 shall does not relieve such an owner or keeper from liability for any damage committed by an animal of the enumerated class described in this section upon the inclosed enclosed premises of an adjoining owner.

Note: Breaks up long sentence, inserts specific references, replaces word form of numbers with digits and deletes or replaces disfavored terms.

AB971, s. 23 Section 23. 172.015 of the statutes is amended to read:

AB971,15,21 172.015 Livestock on highways; penalty. No livestock shall run at large on a highway at any time except to go from one farm parcel to another. If the owner or keeper of livestock knowingly permits livestock to do so run at large on a highway, except when going from one farm parcel to another, and after notice by any peace officer fails to remove such the livestock from the highway, the owner or keeper may be fined not exceeding more than $200.

Note: Inserts specific references.

AB971, s. 24 Section 24. 172.02 of the statutes is amended to read:

AB971,16,7 172.02 (title) May be taken Taking up animal; notice. Any person finding any such animal described in s. 172.01 running at large may take it up, but shall within seven 7 days thereafter after taking up the animal notify the owner, if known to the person, and request the owner to pay all reasonable charges for its the animal's keeping, besides such together with the forfeiture required under s. 172.01 for taking up, and take such the animal away within five 5 days after being so notified.

Note: Inserts cross-references and other specific references, replaces word form of numbers with digits and deletes or replaces disfavored terms. Adds a subject to the title.

AB971, s. 25 Section 25. 172.03 of the statutes is amended to read:

AB971,16,17 172.03 Notice, if owner unknown. If the owner of such an animal taken up under s. 172.02 is unknown, the finder shall, within 10 days thereafter after taking up the animal, file a notice with the clerk of the town in which it the animal is taken up and, if the value of the animal exceeds $50, shall publish in the county a class 3 notice, under ch. 985. The notice shall briefly describe the animals animal, by marks natural or artificial, as near as practicable, and give the name and residence of the finder and the time when the animal was taken up. A copy of it the notice shall be forthwith sent immediately by the town clerk to the county clerk, who shall file the same notice.

Note: Inserts specific references and cross-references and replaces disfavored terms.

AB971, s. 26 Section 26. 172.04 of the statutes is amended to read:

AB971,17,3 172.04 Appraisal of animals. The finder of animals taken up under s. 172.02 shall, within one month from taking them up, if the animals are of the value of $10 or more, apply to the town chairperson, village president or city mayor of the municipality where found for the appointment of a disinterested appraiser; a. A certificate of the appraisal shall be signed by the appraiser and filed in the municipal clerk's office. The finder shall pay the appraiser $3 for the certificate and 10 cents per mile for every mile necessarily traveled by the appraiser.

Note: Breaks up long sentence, and inserts cross-reference.

AB971, s. 27 Section 27. 172.05 of the statutes is amended to read:

AB971,17,15 172.05 (title) How restored Restoring an animal to its owner. The owner or person entitled to the possession of the an animal taken up under s. 172.02, at any time within 90 days after such notice is filed with the municipal clerk under s. 172.03, may have the animal restored upon proving rights to the animal and paying all lawful charges incurred. If the claimant and the finder cannot agree as to the amount of the charges or for the use of the animal either party upon notice to the other may apply to the town chairperson, village president or city mayor or manager of the municipality to settle the same dispute, who for that purpose may examine witnesses on oath. Any amount found to be due to the finder over the value of the use of such the animal, together with the costs of such adjudication, shall be a lien upon the animal.

Note: Inserts cross-references and other specific references and replaces disfavored terms. Adds subject to title.

AB971, s. 28 Section 28. 172.06 of the statutes is amended to read:

AB971,18,9 172.06 Ownership by finder; sale. If no claimant for the an animal taken up under s. 172.02 causes its return, and if the animal has not been appraised for more than $10, the finder shall become the absolute owner; but if of the animal. If the appraised value of the animal exceeds $10, the animal shall be sold at public auction by the sheriff or any constable of the county on the request of the finder. Notice thereof of the sale shall be given and the sale shall be conducted and the same fees allowed therefor as in the case of sales upon execution under ch. 815. The finder may bid at the sale and shall at the time of sale deliver to such the officer conducting the sale a statement in writing of the finder's charges, which shall be filed by the officer with the municipal treasurer, and after. After deducting the finder's charges, if just and reasonable, and the costs of the sale, the officer shall pay one-half of the remaining proceeds to the finder, and, within 10 days thereafter after the sale, the other half to the treasurer of the municipality for its use. If the finder of any stray neglects or refuses to cause a sale to be made when required by law , the finder shall pay to the municipality the value of the stray, to be recovered in an action by the municipality.

Note: Breaks up long sentence, inserts specific references and deletes or replaces disfavored terms.

AB971, s. 29 Section 29. 172.07 of the statutes is amended to read:

AB971,18,18 172.07 Penalties. If any person, without the consent of the finder, shall take takes any animal lawfully taken up as aforesaid from the finder's possession, without the payment of the finder's lawful charges incurred in relation to the same animal, the person taking the animal shall be liable to such the finder for the value of such the animal. If the finder shall neglect neglects to give the notices, procure the appraisals or perform any of the duties hereinbefore required of the finder, the finder shall be precluded from acquiring any right of property in such the animal or receiving any charges or damages relative thereto to the animal.

Note: Breaks up long sentence, inserts specific references and deletes or replaces disfavored terms.

AB971, s. 30 Section 30. 172.08 of the statutes, is renumbered 172.08 (1) and amended to read:

AB971,19,5 172.08 (1) If the owner of any ram shall suffer permits the ram to go at large or out of the ram's inclosure enclosure between the fifteenth day of July 15 and the first day of December 1 in the same year , the owner shall forfeit ten dollars $10 for each time such that the ram shall be is found at large and taken up, one-half 50% of which shall be paid to the prosecutor; and the. The owner shall also be liable for any damages sustained by any person in consequence of such the ram running at large.

AB971,19,8 (2) Any person may take up such a ram described in sub. (1), and shall within twenty-four 24 hours thereafter notify after taking up the ram do one of the following: