AB971: Bill Text

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:

AB971,19,10 (a) If the owner thereof, if of the ram is known, notify the owner that the ram has been taken up and of the place where the same ram is secured; and if.

AB971,19,14 (b) If the owner of the ram is unknown shall within the same time, file with the town clerk a notice of such the taking up, containing describing the marks of such the ram, natural and artificial, if any, and also post copies of such the notice in three 3 public places in such the town.

AB971,19,23 (3) The owner of such a ram taken up under this section may, within six 6 days after the filing and posting of such the notices under sub. (2), pay or tender to the town clerk said the forfeiture under sub. (1) and fifty 50 cents for the town clerk's fees, and thereupon said. Upon payment of the forfeiture and fees, the ram shall be restored to the owner; and the clerk shall forthwith immediately pay one-half of said the forfeiture to the person who took the same ram up and the other half to the county treasurer. If such the ram's owner shall not so fails to pay such the forfeiture and fees in the time aforesaid said 6-day period under this subsection, the ram shall become the property of the person so taking who took up the ram up.

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

AB971, s. 31 Section 31. 173.01 of the statutes, is renumbered 173.01 (1) and amended to read:

AB971,20,8 173.01 (1) The owner or occupant of any lands may distrain any beast doing damage on the premises, either while upon the premises or upon immediate pursuit of the beasts escaping therefrom from the premises and before returning to the enclosure of or to the immediate care of the owner or keeper. The person distraining the beasts may keep the beasts upon the premises or in some a public pound in the person's town, city or village of residence until the person's damages are appraised.

AB971,20,12 (2) If the owner of the beasts is known to the person distraining the beasts and resides within the same town, city or village county, the person distraining the beasts shall give written notice to the owner in accordance with whichever of the following applies:

AB971,20,15 (a) If the owner resides within the same town, city or village as the person distraining the beasts, notice shall be given within 24 hours, but if Sundays excepted, after the animal is distrained.

AB971,20,18 (b) If the owner resides in the same county, but does not reside in the same town, city or village, as the person distraining the beasts, notice shall be given within 48 hours, Sundays excepted, specifying therein.

AB971,20,19 (3) The notice under sub. (2) shall specify all of the following:

AB971,20,20 (a) The time when and the place where the beasts were distrained, the.

AB971,20,22 (b) The number of beasts distrained and the place of their detention, and that at a.

AB971,21,3 (c) That at a time and place, which shall not be less than 12 hours after the serving of the notice nor more than 3 days after such distress distraining the beasts, and place designated in the notice the person distraining will apply to the town chairperson, village president or city mayor or manager of the municipality where the beasts were found for the appointment of 3 disinterested freeholders of the town, city or village to appraise the damages; but if.

AB971,21,7 (4) If the owner of the beasts is unknown or does not reside in the same county as the person distraining the beasts, the person distraining the beasts shall, in accordance with sub. (3) (c), apply for the appointment of appraisers without notice and within 24 hours after such distress; and upon distraining the beasts.

AB971,21,11 (5) Upon application, the town chairperson, village president, or city mayor or manager shall appoint in writing 3 disinterested freeholders of the town, city or village to appraise the damages, and. The appraisers shall receive 50 cents therefor for the appointment.

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

AB971, s. 32 Section 32. 173.02 of the statutes is amended to read:

AB971,22,2 173.02 (title) Appraisement Appraisal. Such The freeholders appointed as appraisers under s. 173.01 shall be immediately notified and shall immediately repair to the place damaged by the animals and view the damages done, and they. The appraisers may take evidence of any witnesses of the facts and circumstances necessary to enable them to ascertain the extent of such the damages and the sufficiency of any line fence on the premises where such the damage was done, if any dispute shall arise touching the same, and for such purpose arises regarding the damages or line fence. The appraisers may administer oaths to such the witnesses. They The appraisers shall certify under their hands the amount of such damages and, the cost of keeping such the beasts to that time, with their fees for services, as appraisers not exceeding one dollar $1 per day each, and their determination as to the sufficiency of such the line fence, if in dispute, and their. The appraisers' decision as to such damages and sufficiency shall be of the fence is conclusive.

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

AB971, s. 33 Section 33. 173.03 of the statutes is renumbered 173.03 (1) and amended to read:

AB971,22,9 173.03 (1) Unless the damages so ascertained determined under s. 173.02, together with the fees of the appraisers and chairperson, president or mayor, have been paid within 24 hours after the appraisal, the person distraining the beasts shall cause the beasts distrained to be confined in accordance with whichever of the following applies:

AB971,22,11 (a) The beasts shall be put into the nearest pound of in the same distraining person's town, city or village of residence, if there is one, and if not, then a pound.

AB971,22,13 (b) If there is no pound in the distraining person's town, city or village of residence, the beasts shall be put in some other secure enclosure, where they.

AB971,22,21 (2) The beasts shall remain confined until sold as hereinafter directed, or under ss. 173.04 to 173.06, until the damages, fees and the costs of keeping the beasts after appraisal are paid or until they are otherwise seized or discharged according to law. The confined beasts shall be furnished with suitable food from the time of seizure until they are discharged therefrom or sold; and the. The expense thereof of feeding the beasts, after the appraisal, shall be added thereto to the amount determined under s. 173.02 and paid as additional costs; and if. If the beasts are put in a pound, the certificate of appraisal shall be delivered to the keeper of the pound.

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

AB971, s. 34 Section 34. 173.04 of the statutes is amended to read:

AB971,23,9 173.04 Time and notice of sale. The poundmaster of any such pound shall receive and keep any beasts so delivered to the poundmaster and unless under s. 173.03. Unless the beasts are seized or discharged according to law within six 6 days, from the time of their delivery to the pound, the poundmaster shall sell such at public auction the beasts or so many of them as shall be is necessary to pay such the damages, fees and costs, at public auction, giving two enumerated under ss. 173.02 and 173.03. The poundmaster shall give 2 days' notice of such the sale by notice posted upon such the pound and at three 3 public places in such the town, city or village in which the pound is located.

Note: Inserts specific references and cross-references, replaces word form of numbers with digits and deletes or replaces disfavored terms.

AB971, s. 35 Section 35. 173.05 of the statutes is amended to read:

AB971,23,19 173.05 Sale of animal not impounded. If in consequence of there being no pound within such the distraining person's city, town or village such of residence the beasts shall be distrained under s. 173. 01 are kept in some other enclosure and if the same shall beasts are not be discharged in the manner hereinbefore provided under this chapter within six 6 days after being placed therein in the enclosure, the sheriff or any constable of the county shall sell such the beasts or so many of them as shall be necessary to pay such the damages, fees and costs of keeping, upon the same notice as is required in case of a constable's sale of personal property taken by execution.

Note: Inserts specific references and cross-references, replaces word form of numbers with digits and deletes or replaces disfavored terms.

AB971, s. 36 Section 36. 173.06 of the statutes is renumbered 173.06 (1) and amended to read:

AB971,24,6 173.06 (1) From the proceeds of the sale under s. 173.04 or 173.05, the person making the sale shall retain his or her fees, which shall be the same as are allowed to constables upon sales of personal property on execution, and the cost of keeping the beasts; and the. The person making the sale shall pay to the person who distrained the beasts the damages so certified under s. 173.02, with the fees of the appraisers and chairperson, president or mayor, and pay the.

AB971,24,15 (2) Any surplus, if any, remaining after distribution of the proceeds under sub. (1) shall be paid to the owner of the beast, if known. If no owner appears at the time of sale or within one week thereafter after the sale, and claims the surplus, it shall be paid to the treasurer of the distraining person's town, city or village of residence. If the money is not applied for within one year thereafter after the sale, the treasurer shall place the same money in the town treasury, to be expended in the support of the poor; but if. If the owner applies therefor for the surplus and gives proper proof of ownership within 6 years after its receipt by such the treasurer it, the surplus, less a 2% deduction for fees, shall be paid over to such the owner, deducting 2% for fees.

Note: Subdivides provision, inserts specific references and cross-references, replaces word form of numbers with digits and deletes or replaces disfavored terms. Town responsibility for providing relief to the poor was ended by 1985 Wis. Act 29.

AB971, s. 37 Section 37. 175.09 (3) of the statutes is amended to read: