AB970,24,2215
90.09
(1) When the boundary line between enclosed lands
of owned by different
16persons is a river, brook, pond or creek, which of itself is not a sufficient fence, and
17it is impracticable, without unreasonable expense, for a partition fence to be built on
18the true boundary line, and either owner or occupant
shall refuse refuses to join in
19making a partition fence on either side
thereof of the river, brook, pond or creek, or
20if they
shall disagree respecting
the same making a partition fence, either party may
21apply to
two 2 or more fence viewers of the town, who, after giving notice as provided
22in s. 90.07, shall proceed to view
such the river, brook, pond or creek
; and if they shall.
AB970,25,10
1(2) If the fence viewers determine that the
same river, brook, pond or creek is
2not a sufficient fence and that it is impracticable, without unreasonable expense, to
3build a fence on the true boundary line
they, the fence viewers shall, in writing under
4their hands, determine how or on which side
thereof
of the river, brook, pond or creek 5the fence shall be built or whether
the fence shall be built partly on one side and
6partly on the other
, and side. The fence viewers shall assign to each owner or
7occupant that owner's or occupant's share
thereof
of the fence and the time within
8which the respective parties shall build the
same, and
fence. The fence viewers shall 9file
such their determination in the office of the town clerk, who shall record the
same 10determination.
AB970,25,15
11(3) If either party
shall refuse or neglect refuses or neglects to build that party's
12part of the fence within the time
so assigned
by the fence viewers, the other
party 13may, after having completed his or her own part, build
such the other party's part and
14recover the expense
thereof as hereinafter of building the other party's part of the
15fence as provided
under s. 90.11.
AB970,25,19
16(4) If
said the fence viewers
shall determine that it is impracticable, either from
17the formation of the banks of
such the river, brook, pond or creek or
from for any other
18cause reason, to maintain any fence along or near
said the boundary line
, they shall
19give written notice to the parties of
such that determination.
Note: Subdivides provision, replaces word form of numbers with digits, replaces
nonspecific references and replaces language for greater readability and conformity with
current style.
AB970, s. 35
20Section
35. 90.10 of the statutes is amended to read:
AB970,26,9
2190.10 Compulsory repair of fence.
In case If any person
shall neglect 22neglects to repair or rebuild any partition fence
which that by law that person
ought 23is required to maintain
, the aggrieved party may complain to
two 2 or more fence
1viewers of the town, who, after giving notice as provided in s. 90.07, shall examine
2the
same, and if they shall fence. If the fence viewers determine
such that the fence
3is insufficient
, they shall
signify the same to inform the delinquent party
of the
4insufficiency and direct the delinquent party to repair or rebuild the
same fence 5within
such a time
as they shall deem that the fence viewers determine is reasonable.
6If
such the fence
shall not be is not repaired or rebuilt within the time
so fixed
by the
7fence viewers, the complainant may repair or rebuild the
same fence and recover the
8expense
thereof of repairing or rebuilding the fence as
hereinafter provided
under
9s. 90.11.
Note: Subdivides provision, replaces word form of numbers with digits, replaces
nonspecific references and replaces language for greater readability and conformity with
current style.
AB970, s. 36
10Section
36. 90.11 (1) of the statutes is renumbered 90.11 (1) (a) and amended
11to read:
AB970,26,1812
90.11
(1) (a) Whenever any owner or occupant
shall have of land has built,
13repaired or rebuilt any fence
in pursuance of the preceding sections which, pursuant
14to the provisions of this chapter, that the adjoining owner or occupant
shall have has 15been lawfully directed by fence viewers to build, repair or rebuild
, and have but has 16failed to do within the time prescribed, the owner or occupant who built, repaired or
17rebuilt the fence may
call upon complain to any
two 2 or more fence viewers of the
18town
, who.
AB970,27,3
19(b) The fence viewers complained to under par. (a) shall, after having given
20notice to
such the defaulting adjoining owner or occupant as provided in s. 90.07,
21examine
such the fence and ascertain the expense
thereof; and if they shall of
22building, repairing or rebuilding the fence. If the fence viewers adjudge
such the 23fence sufficient they shall give to
such the complaining party a certificate under their
1hands of
such their decision and of the amount of the expense of
such building
or, 2repairing
, or rebuilding the fence and
of the fees of the fence viewers
who made such
3order and of their own; and thereupon such.
AB970,27,12
4(c) Upon receipt of the fence viewers' certificate, the complaining party may
5demand the amount of
such ascertained the expense
determined by the fence
6viewers, together with
such the fence viewers' fees, from
such the defaulting, 7adjoining owner or occupant
; and in case of neglect and refusal. If the adjoining
8owner or occupant fails to pay the
same expenses and fees for one month after
so
9demanded the complaining party has demanded payment, the amount of
such 10expenses and fees together with interest at the rate of
one per cent a 1% per month
11shall constitute a special charge and lien against
such the adjoining
owner's or
12occupant's lands and may be recovered in the manner provided in sub. (2).
Note: Subdivides provision, replaces word form of numbers with digits, replaces
nonspecific references and replaces language for greater readability and conformity with
current style.
AB970, s. 37
13Section
37. 90.11 (2) of the statutes is renumbered 90.11 (2) (a) and amended
14to read:
AB970,27,2115
90.11
(2) (a) The
person to whom such certificate shall be executed and
16delivered complaining party may file the
same certificate executed and delivered to
17him or her under sub. (1) (b) with the
town clerk of the town in which the lands
18charged with
such the expense
and fees set forth in the certificate are located. Upon
19the filing of
such the certificate
such, the town clerk shall issue a warrant for the
20amount
thereof of the listed expenses and fees upon the town treasurer payable to
21such the person
to whom the certificate was executed and delivered.
AB970,28,11
22(b) The amount
so paid
by the town treasurer under par. (a) together with
23interest at the rate of
one per cent a 1% per month shall be included by the town clerk
1in the next tax roll as a special charge against
such the lands
and such charged with
2the expense and fees. The special charge shall be collected by the town treasurer with
3the other taxes in
such the town. Any
such special charge
under this paragraph 4remaining unpaid shall be added to the list of delinquent taxes returned to the county
5treasurer
, who. The county treasurer shall collect the
same delinquent special
6charge or sell the land as for delinquent taxes
; and all. All proceedings in relation
7thereto to the sale of land for a delinquent special charge shall be the same in all
8respects as in the case of land sold for other delinquent taxes. Every county treasurer
9who shall collect or receive any moneys on account of
such delinquent charges
under
10this subsection shall pay the
same moneys received to the treasurer of the proper
11town.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 38
12Section
38. 90.13 (title) of the statutes is amended to read:
AB970,28,13
1390.13 (title)
Partition fence on newly-enclosed newly enclosed land.
AB970, s. 39
14Section
39. 90.13 of the statutes is renumbered 90.13 (1) and amended to read:
AB970,29,215
90.13
(1) When any
previously unenclosed land
shall afterwards be is enclosed
, 16the owner or occupant
thereof of the newly enclosed land shall pay for
one-half 50% 17of each partition fence standing upon the line between that owner's or occupant's
18land and the enclosure of any other owner or occupant, unless
such the line
shall have 19has been
theretofore previously divided
, in which case that. If the line has been
20previously divided, the owner or occupant
of the newly enclosed land shall pay the
21value of the fence on the part of
such the line
so previously assigned to that owner
22or occupant
; and. In either case, the value
thereof of the fence at the time
in either
1case shall be ascertained on the application of either
adjoining owner or occupant as
2provided in s. 90.11,
in case if the parties do not agree
; and if such.
AB970,29,6
3(2) If the responsible owner or occupant
shall neglect or refuse fails to pay the
4same value for
sixty
60 days after the value has been
so ascertained and demand
5made
, the proprietor of
such the fence may recover
such the value with the fence
6viewers' fees and costs.
Note: Subdivides provision, reorders text, replaces word form of numbers with
digits, and replaces language for greater readability and conformity with current style.
AB970, s. 40
7Section
40. 93.06 (6) (b) of the statutes is amended to read:
AB970,29,178
93.06
(6) (b) Investigate the management of any
such cooperative association
9doing business in this state, and
may make the facts
, relating to
said
the
10management
, of the cooperative association available to the members of the
11association, when a request for
such a management investigation has been filed with
12the department, signed by all
of the directors or by at least
twenty per cent 20% of
13the members
(in the case of associations of less than
five hundred 500 members
) and 14or by at least
one hundred 100 members
(in the case of associations of
five hundred 15500 or more members
). The department shall fix and collect a fee for
such 16investigations
, to under this paragraph, which shall be the actual cost
thereof of the
17investigation.
Note: Subdivides provision, replaces parentheses with commas, deletes
unnecessary commas, replaces word form of numbers with digits, and replaces language
for greater readability and conformity with current style.
AB970, s. 41
18Section
41. 93.09 (9) of the statutes is renumbered 93.09 (9) (a) (intro.) and
19amended to read:
AB970,30,220
93.09
(9) (a) (intro.) Whenever the department finds that any person
21marketing or having in his or her possession any product or receptacle to which the
22standard is applicable has intentionally violated sub. (8), the department, after
1opportunity for hearing has been given
such
to that person, may, by special order,
2revoke the do any of the following:
AB970,30,5
31. Revoke the person's right
of such person to represent any product or
4receptacle to which the standard is applicable as being of any grade contained in the
5standard
and may, in said order, require such.
AB970,30,7
62. Require the person to mark or tag
such the product or receptacle as provided
7in sub. (4).
AB970,30,9
8(b) The department may, without hearing, suspend
such the right
described in
9par. (a) 1. for a period not exceeding
ten 10 days, pending investigation.
AB970,30,12
10(c) The department may restore
such
the right to any person from whom it has
11been revoked
, where if the person gives satisfactory evidence warranting
such 12restoration.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 42
13Section
42. 93.11 (6) of the statutes is renumbered 93.11 (6) (a) (intro.) and
14amended to read:
AB970,30,1715
93.11
(6) (a) (intro.) The department, after opportunity for hearing has been
16given the licensee, may, by special order, revoke any license issued under this section,
17whenever the department finds
that such any of the following:
AB970,30,18
181. That the licensee is incompetent
or
.
AB970,30,20
192. That the licensee has made material false statements in order to obtain a
20license
or.
AB970,30,22
213. That the licensee has knowingly or carelessly issued any false or improper
22certificate of grade
or.
AB970,31,2
14. That the licensee has accepted money or other consideration, directly or
2indirectly, as compensation for any neglect or improper performance of duty
or.
AB970,31,4
35. That the licensee has violated chs. 93 to 100 or any regulation made
4thereunder under chs. 93 to 100.
AB970,31,6
5(b) The department may, without hearing, suspend
such a licensee's right
to act
6under this section for a period not exceeding
ten
10 days, pending investigation.
AB970,31,9
7(c) The department may restore the license of any person whose license has
8been revoked
, where under this subsection if the person gives satisfactory evidence
9warranting
such restoration.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 43
10Section
43. 93.21 (4) of the statutes is amended to read:
AB970,31,1611
93.21
(4) Failure to obey orders. Any person who wilfully violates s. 93.14 (3)
12or 93.15 (3), or who wilfully violates or refuses, neglects or fails to obey any order
or
13regulation made issued under s. 93.06 (3)
, shall, for each offense, be
punished by a
14fine of fined not more than
five thousand dollars or by imprisonment in the county
15jail $5,000 or imprisoned for not more than one year
, in the county jail or
by both
such
16fine and imprisonment.
Note: Replaces word form of numbers with digits, and replaces and deletes
language for greater readability and conformity with current style. Section 93.06 (3)
authorizing the issuance of orders does not provide for the making of regulations.
AB970, s. 44
17Section
44. 94.27 of the statutes is amended to read:
AB970,32,8
1894.27 Liability for damages. The Any person
so building or maintaining any
19such who builds or maintains any dam or
constructing or keeping constructs or keeps 20open any
such ditch or drain
shall be
under s. 94.26 is liable to
the persons whose
21lands are overflowed or otherwise injured by
such
the dam, ditch or drain for the full
22sum of damages
so sustained, which shall be ascertained
under s. 94.28 and
1recovered
in the manner following and not otherwise. If the person claiming any
2such damages cannot agree with the person liable to pay the same, the person
3claiming the damages shall select one disinterested arbitrator and give notice
4thereof to the person from whom such damages are claimed, who shall, within ten
5days after the receipt of such notice, select another disinterested arbitrator, not of kin
6to any of the parties interested in maintaining such dams, ditches or drains, and give
7notice thereof to the claimant and to each of the persons so selected as arbitrators 8under ss. 94.28 to 94.30.
Note: The deleted material is recreated as s. 94.28 (1) for more logical placement.
See the creation of s. 94.28 (1) by this bill.
AB970, s. 45
9Section
45. 94.28 of the statutes is renumbered 94.28 (2) (a) (intro.) and
10amended to read:
AB970,32,1311
94.28
(2) (a) (intro.) The persons selected as arbitrators
under sub. (1) shall,
12within
twenty 20 days after
such notice
, appoint some of their appointment, do all
13of the following:
AB970,32,15
141. Appoint a disinterested
third
3rd person to act as arbitrator with them
and
15fix.
AB970,32,17
162. Fix a time and place at which the arbitrators shall meet to determine the
17claimant's damages
which the claimant ought to have, and give.
AB970,32,19
183. Give notice
thereof of the appointment of the 3rd arbitrator and the time and
19place of hearing to the
parties interested
parties.
AB970,33,6
20(b) At the time and place
so fixed
under par. (a) 2., the arbitrators shall view
21the premises and hear the proofs and allegations of the parties
, and within ten.
22Within 10 days thereafter
, the arbitrators, or any
two 2 of them, shall make duplicate
23statements of the proceedings had by them and of the amount
by them ordered to that
1they order to be paid to the claimant for the claimant's damages and the amount to
2be paid by the respective parties for
their the arbitrators' fees and the costs of
such 3the proceedings
, and. The arbitrators shall deliver
to each party a copy
thereof of the
4statement and order to each party. Within
twenty
20 days thereafter
, the amount so
5ordered shall be paid by the party of whom required unless an appeal
be is taken as
6hereinafter provided
under s. 94.29.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 46
7Section
46. 94.28 (1) of the statutes is created to read:
AB970,33,158
94.28
(1) If a person claiming damages from a dam, ditch or drain cannot agree
9with the person liable to pay the damages under s. 94.27, the damage claimant shall
10select one disinterested arbitrator and give notice of the selection to the person
11against whom the damages are claimed. The person from whom damages are
12claimed shall, within 10 days after receipt of the notice, select another disinterested
13arbitrator, not of kin to any of the parties interested in maintaining the dams, ditches
14or drains, and give notice of the selection to the claimant and to the persons selected
15as arbitrators.
Note: Moves the material deleted from s. 94.27 by this bill to s. 94.28 (1) for more
logical placement.
AB970, s. 47
16Section
47. 94.30 of the statutes is renumbered 94.30 (1) and amended to read:
AB970,34,617
94.30
(1) If neither party appeals from
such the award
under s. 94.28 and the
18responsible party
required to pay the damages shall pay pays the full amount
thereof 19of damages and costs awarded within the time
above prescribed
under s. 94.28 (2)
20(b) or if, upon an appeal, a final judgment
shall be is rendered in favor of the claimant
21and the
defendant shall pay such responsible party pays the judgment and all costs
22awarded to the claimant within
sixty 60 days after
such entry of the final judgment,
1then the person so erecting or maintaining such dam or dams or constructing or
2maintaining such ditches or drains that responsible party shall have the perpetual
3right to maintain and keep the
same dams, ditches or drains that caused the damage 4in good condition and repair
; and neither. Neither the
person responsible party nor
5the
person's responsible party's assigns shall be liable
to for the payment of any
6further damages on account
thereof; and upon failure
of the dams, ditches or drains.
AB970,34,10
7(2) If the responsible party fails to make
such payment
as described in sub. (1) 8within the
times above applicable prescribed
time, the
person responsible party shall
9forfeit all right
under this chapter to maintain
such the dams, ditches or drains
under
10the foregoing provisions that caused the damage.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language and inserts cross-references for greater readability and conformity
with current style.
AB970, s. 48
11Section
48. 94.32 of the statutes is amended to read:
AB970,34,14
1294.32 Pay of arbitrators. The arbitrators
appointed under s. 94.28 shall
each 13receive
$3 per day for their services
three dollars per day each, to be paid in whole
14or in part by either party as
they shall the arbitrators determine.
Note: Replaces word form of numbers with digits, and inserts cross-references for
greater readability and conformity with current style.
AB970, s. 49
15Section
49. 94.72 (2) (a) 8. of the statutes is amended to read:
AB970,35,416
94.72
(2) (a) 8. In the case of mixed feeds containing more than a total of
five
17per cent 5% of one or more mineral ingredients, or other unmixed materials used as
18mineral supplements, and in the case of mineral feeds, mixed or unmixed,
which that 19are manufactured, represented and sold for the primary purposes of supplying
20mineral elements in rations for animals or birds, and
containing that contain 21mineral elements generally regarded as dietary factors essential for normal
22nutrition, the minimum percentage of calcium (Ca), phosphorus (P)
, of and iodine (I)
1and the maximum percentage of salt (NaCl), if
the same be those elements are 2present.
Provided, that if If no nutritional properties other than those of a mineral
3nature
be are claimed for a mineral feed product, the
per centums percentages of
4crude protein, crude fat and crude fiber may be omitted;
Note: Replaces word form of numbers with digits.
AB970, s. 50
5Section
50. 97.56 (2) of the statutes is renumbered 97.56 (2) (intro.) and
6amended to read:
AB970,35,87
97.56
(2) (intro.) No person
shall
may, with intent to defraud,
sell do any of the
8following:
AB970,35,13
9(a) Sell or expose for sale any meat or meat preparation, whether
the same be 10raw or prepared for human consumption, and falsely represent the
same meat or
11meat preparation to be kosher, and as having been prepared under and of a product
12or products sanctioned by the orthodox Hebrew religious requirements
; nor shall any
13person falsely.
AB970,35,18
14(b) Falsely represent any food product or the contents of any package or
15container to be
so constituted and prepared kosher and as having been prepared
16under and of a product or products sanctioned by the orthodox Hebrew religious
17requirements, by having or permitting to be inscribed
thereon on the package or
18container the word "kosher" in any language
; nor shall any person sell.
AB970,35,23
19(c) Sell or expose for sale in the same place of business both kosher and
20nonkosher meat or meat preparations, either raw or prepared for human
21consumption, unless all of that person's window signs and display advertising
22indicate, in block letters at least
four 4 inches in height, "Kosher and Nonkosher
23Meat Sold Here
;" nor shall any person expose".
AB970,36,5
1(d) Expose for sale in any show window or place of business both kosher and
2nonkosher meat or meat preparations, either raw or prepared for human
3consumption, unless the person displays over each kind of meat or meat preparation
4so exposed a sign in block letters at least
four
4 inches in height reading "Kosher
5Meat
,"
, or "Nonkosher Meat
,"
, as the case may be.
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 51
6Section
51. 97.56 (3) of the statutes is renumbered 97.56 (3) (intro.) and
7amended to read:
AB970,36,98
97.56
(3) (intro.) No person, with intent to defraud,
shall sell may do any of the
9following:
AB970,36,14
10(a) Sell or expose for sale
, in any restaurant or other place where food products
11are sold for consumption on the premises, any article of food or food preparations
and 12that is falsely
represent the same
represented to be kosher and as having been
13prepared in accordance with the orthodox Hebrew religious requirements
; nor shall
14any person sell.
AB970,36,20
15(b) Sell or expose for sale in any
such restaurant or other place both kosher and
16nonkosher food or food preparations for consumption on the premises when not
17prepared in accordance with the Jewish ritual and not sanctioned by the Hebrew
18orthodox religious requirements
, unless the person's window signs and display
19advertising state, in block letters at least 4 inches in height, "Kosher and Nonkosher
20Food Served Here".
Note: Subdivides provision, replaces word form of numbers with digits, and
replaces language for greater readability and conformity with current style.
AB970, s. 52
21Section
52. 98.13 (4) of the statutes is amended to read:
AB970,37,4
198.13
(4) Whenever milk is sold under an agreement, express or implied, that
2the value of the
same milk shall be determined by its proportion of butter fat, the
3price to be paid shall be based on a
three and five-tenths per cent 3.5% butter fat
4standard.
Note: Replaces "same" and word form of numbers with digits for greater
conformity with current style.
AB970, s. 53
5Section
53. 98.14 (1) of the statutes is amended to read:
AB970,37,186
98.14
(1) All bottles and pipettes used in measuring milk or milk products
for
7making determination of the percent to determine the percentage of fat in
said the 8milk or milk products shall have clearly blown or otherwise permanently marked in
9the side of the bottle or pipette the word "Sealed
,"
, and in the side of the pipette or
10the side or bottom of the bottle the name, initials
, or trademark of the manufacturer
11and the manufacturer's designating number, which designating number shall be
12different for each manufacturer and may be used in identifying bottles. The
13designating number shall be furnished by the department upon application by the
14manufacturer and upon the filing by the manufacturer of a bond in the sum of
one
15thousand dollars $1,000 with sureties to be approved by the attorney general,
16conditioned upon conformance with the requirements of this section. A record of the
17bonds furnished, the designating number, and to whom furnished, shall be kept in
18the office of the department.
Note: Replaces "said" and word form of numbers with digits for greater conformity
with current style.
AB970, s. 54
19Section
54. 98.14 (2) of the statutes is amended to read:
AB970,38,520
98.14
(2) Any manufacturer who sells Babcock milk, cream or butter test
21bottles or milk pipettes,
to be used for use in this state, that do not comply with the
22provisions of this section shall
suffer the be subject to a penalty of
five hundred
1dollars $500 to be recovered by the attorney general in an action
brought in the name
2of the people of the state against the offender's bondsmen
, to be brought in the name
3of the people of the state. No dealer shall use, for the purpose of determining the
4percent of milk fat in milk or milk products, any bottles or pipettes that do not comply
5with the provisions of this section
relating thereto.