Note: Replaces parentheses and word form of number with digit. The subsection
number is removed as this section does not have multiple subsections.
AB971,98,8
14779.35 Mining liens. Any person who s
hall perform performs any labor or
15services for any
person or corporation employer engaged in or organized for the
16purpose of mining, smelting or manufacturing
iron, copper, silver or other ores or
17minerals, and any bona fide holder of any draft, time check or order for the payment
18of money due for
any such that labor, issued or drawn by
any such person or
19corporation the employer, shall have a lien for the wages due
for in the amount due
20on
such the draft, check or order
. The lien shall be upon all
of the personal property
21connected with
such the mining, smelting or manufacturing industry belonging to
22such person or corporation the employer, including the ores or products of
such the 23mine or manufactory,
together with the machinery and other personal property used
1in the operation of such mine or manufactory and
, subject to s. 779.36 (2), all
of the
2employer's interest
of such person or corporation in any real estate
belonging thereto
3and connected with
such the mining, smelting or manufacturing business
, which
4said. The lien
under this section shall take precedence of all other debts, judgments,
5decrees, liens or mortgages against
such person or corporation the employer, except
6liens accruing for taxes, fines or penalties and liens under ss. 292.31 (8) (i) and
7292.81, subject to the exceptions and limitations
hereinafter set forth contained in
8this 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.
AB971, s. 171
9Section
171. 779.36 of the statutes is renumbered 779.36 (1) and amended to
10read:
AB971,98,1711
779.36
(1) The Subject to sub. (2), the lien under s. 779.35 extends only to the
12amount of the interest in the real property held by the employer
, and in. In case of
13the employer's death or insolvency, or of the sale or transfer of the
employer's interest
14in the works, mines, manufactories or business,
or the employer's interest therein
15by execution or otherwise, all moneys that may be due for wages to any miner,
16mechanic or laborer shall be a lien upon all
said
of the property and shall be preferred
17and first paid out of the proceeds of the sale
thereof; provided, that no such.
AB971,98,23
18(2) No claim
for wages shall be a lien
under s. 779.35 upon any real estate
19unless
it shall be the claim is filed in the office of the clerk of the circuit court of the
20county in which the real estate
, upon which a lien is claimed
, is situated
. The claim
21shall be filed within
sixty 60 days after the
claim, draft, time check or order
upon
22which the claim is founded is due and payable
, in the manner
that claims for
23mechanics' 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.
AB971, s. 172
1Section
172. 779.37 of the statutes is amended to read:
AB971,99,10
2779.37 Satisfaction of lien. If an attachment, execution or similar writ shall
3be issued against any
person or corporation employer engaged in a business
as is
4within described in s. 779.35, any miner, laborer, mechanic or other person who is
5entitled to claim a lien
thereon under s. 779.35 may give notice in writing of the lien
6claim and the amount
thereof of the lien claimed, verified by affidavit, to the officer
7holding the writ at any time before the actual sale of the property
affected thereby
8and the, that is subject to the writ. The officer shall retain out of the
sale proceeds
9of the sale a sufficient sum to satisfy all
such
lien claims, which sum shall be held
10by 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.
AB971, s. 173
11Section
173. 779.43 (1) (a) of the statutes is amended to read:
AB971,99,1412
779.43
(1) (a) "Boarding house" includes a house or
other building where
13regular meals are generally furnished or served to
three 3 or more persons at a
14stipulated amount for definite periods of one month or less.
Note: Replaces word form of number with digit and inserts "other" for clarity.
AB971, s. 174
15Section
174. 779.43 (1) (b) of the statutes is amended to read:
AB971,99,2016
779.43
(1) (b) "Lodging house" includes any house or
other building
or part 17thereof where rooms or lodgings are generally rented to
three 3 or more persons
18received or lodged for hire, or any part
thereof
of a house or other building that is let
19in which to for sleep at stipulated rentals for definite periods of one month or less,
20whether any or all
such of the rooms or lodgings are let or used for light housekeeping
1or not,
provided except that
so called duplex flats or apartment houses actually
2divided 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.
AB971, s. 175
3Section
175. 779.43 (2) of the statutes is renumbered 779.43 (2) (a) and
4amended to read:
AB971,100,165
779.43
(2) (a)
Every Except as provided in par. (b), every keeper of an inn, hotel,
6boarding house or lodging house shall have a lien upon and may retain
the possession
7of all
the baggage and other effects brought into the place by any guest, boarder or
8lodger, whether the baggage and effects are the property of or under the control of
9the guest, boarder or lodger, or
are the property of any other person liable for
such 10the board and lodging for the proper charges owing
such the keeper for board, lodging
11and other accommodation furnished to or for
such
a guest, boarder or lodger, and for
12all moneys loaned, not exceeding
fifty dollars $50, and for extras furnished at the
13written request signed by the guest, boarder or lodger, until
such the charges are
14paid
, and any. Any execution or attachment levied upon
such the baggage or effects
15shall be subject to
such the lien
given by this section and the costs of satisfying it.
16But the
AB971,100,20
17(b) The lien given by this section does not cover charges for alcohol beverages
18nor the papers of any soldier, sailor or marine that are derived from and evidence of
19military or naval service or adjusted compensation, compensation, pension, citation
20medal 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.
AB971, s. 176
21Section
176. 779.49 (1) of the statutes is renumbered 779.49 (1) (a) and
22amended to read:
AB971,101,14
1779.49
(1) (a)
Every Except as provided in par. (b), every owner of a stallion,
2jackass or bull, or semen from
such an animal a stallion, jackass or bull, kept and
3used for breeding purposes shall have a lien upon any dam served and upon any
4offspring gotten by the animal, or by means of artificial insemination for the sum
5stipulated to be paid for the service
thereof, and
of the dam. The owner of the stallion,
6jackass or bull, used to service, or semen used to artificially inseminate, the dam may
7seize and take possession of the dam and offspring or either without process at any
8time before the offspring is one year old, in case the price agreed upon for the service
9remains unpaid, and sell the offspring at public auction
. The sale of the offspring
10shall be upon 10 days' notice, to be posted in at least 3 public places in the town where
11the service was rendered
, and apply the. The proceeds of the sale
shall be applied 12to the payment of the amount due for the service and the expenses of the seizure and
13sale
, returning the. The residue, if any,
shall be returned to the party entitled to it
;
14provided, no.
AB971,101,20
15(b) No lien
given under this subsection shall be
effectual effective for any
16purpose
as against an innocent purchaser or mortgagee of the offspring or the dam
17of the offspring for value unless the owner having a claim for the service records with
18the register of deeds of the county where the owner of the dam served resides a
19statement showing that the service has been rendered and the amount due for the
20service.
Note: Subdivides provision, breaks up long sentences, reorders text, inserts
specific references and replaces word form of number with digits.
AB971, s. 177
21Section
177. 779.49 (2) of the statutes is amended to read:
AB971,102,522
779.49
(2) Any person who sells, disposes of or gives a mortgage upon any dam
23which to the person's knowledge has been
so served
by a stallion, jackass or bull, or
1artificially inseminated with semen owned by another, the fee for which
service has
2not been paid,
without giving and who has not given written information to the
3purchaser or mortgagee of the fact of
such the service
or artificial insemination, shall
4be guilty of a misdemeanor and upon conviction shall be fined not more than $10 or
5by confinement in the county jail imprisoned for not
to exceed more than 60 days.
Note: Inserts specific references.
AB971, s. 178
6Section
178. 779.50 (1) of the statutes is renumbered 779.50 (1) (a) and
7amended to read:
AB971,102,128
779.50
(1) (a) Every person who threshes grain, cuts, shreds, husks or shells
9corn or bales hay or straw by machine for another shall have a lien upon the
same 10grain, corn, hay or straw for the value of the services to the extent
that the person
11contracting for
such the services has an interest
therein in the grain, corn, hay or
12straw, from the date of the commencement of
such
the service
; and in case such.
AB971,102,22
13(b) The lien given under par. (a) may be foreclosed at any time within 6 months
14from the date of the last charge for the services
described in par. (a) as long as the
15charges remain unpaid
, the. For the purpose of foreclosing the lien, the lien claimant
16may take possession of so much of
such the grain, corn, hay or straw as shall be
17necessary to pay for
such the services and the expenses of enforcing
such the lien,
for
18the purpose of foreclosing said lien at any time within six months from the last charge 19for
such the services, and sell the
same grain, corn, hay or straw at public auction
,
20upon. The auction shall be held upon notice of not less than
ten 10 nor more than
21fifteen 15 days from the date of
such the seizure
of the grain, corn, hay or straw under
22this paragraph.
Note: Subdivides provision, breaks up long sentences, reorders text, inserts
specific references and replaces word form of number with digits.
AB971, s. 179
23Section
179. 779.52 (title) of the statutes is repealed.
Note: See the next section of this bill.
AB971, s. 180
1Section
180. 779.52 of the statutes is renumbered 779.50 (4) (intro.) and
2amended to read:
AB971,103,43
779.50
(4) (intro.) The costs and expenses of seizure and sale
aforesaid under
4this section shall be
: Seizing as follows:
AB971,103,5
5(a) For seizing grain, corn, hay or straw,
fifty 50 cents
; posting up.
AB971,103,6
6(b) For posting each notice,
twelve
12 cents
; serving.
AB971,103,7
7(c) For serving each notice of sale,
twenty-five 25 cents
; for.
AB971,103,9
8(d) For every copy of
such a notice
of sale delivered on request,
twelve 12 cents
;
9for.
AB971,103,11
10(e) For each mile actually traveled, going and returning to serve any notice; or
11to give or
to post
up notices of sale,
ten 10 cents
; for.
AB971,103,13
12(f) For conducting
such the sale
, fifty of the grain, corn, hay or straw, 50 cents
;
13for.
AB971,103,16
14(g) For collecting and paying over all sums upon
such the sale,
five per cent; but
15in no case shall the whole percentage exceed ten dollars, and all
5% of the sums
16collected or $10 dollars, whichever is less.
AB971,103,18
17(h) All necessary expenses incurred in taking possession of
and preserving any
18grain, 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.
AB971, s. 181
19Section
181. 779.70 (3) of the statutes is amended to read:
AB971,104,620
779.70
(3) The governing board of
such
a corporation
described in sub. (1) shall
21declare the assessments
so levied
under sub. (2) due and payable at any time after
22thirty 30 days from the date of
such the levy
and the. The corporation's secretary or
1other officer shall notify the owner of every lot so assessed of the action taken by the
2board, the amount of the assessment of each lot owned by such owner and the date
3such on which the assessment becomes due and payable.
Such The secretary shall
4mail the notice
shall be mailed by U.S. mail, postage prepaid, to the owner at the
5owner's last-known post-office address
by the secretary by United States mail, with
6postage prepaid.
Note: Inserts specific references, reorders text and replaces word form of number
with digits.
AB971, s. 182
7Section
182. 779.70 (4) of the statutes is renumbered 779.70 (4) (intro.) and
8amended to read:
AB971,104,139
779.70
(4) (intro.) In the event that
the an assessment levied
under sub. (2) 10against any lot remains unpaid for a period of
sixty
60 days from the date of the levy,
11then the governing board of
such
the levying corporation may, in its discretion, file
12a claim for a maintenance lien against
such the lot
at. All of the following apply to
13a claim for lien under this subsection:
AB971,104,15
14(a) The claim may be filed at any time within
six 6 months from the date of the
15levy
, such.
AB971,104,17
16(b) The claim
to shall be filed in the office of the clerk of the circuit court of the
17county in which the lands affected
thereby by the levy lie.
Such claim for lien
AB971,104,21
18(c) The claim shall contain a reference to the resolution authorizing
such the 19levy and
the date
thereof of the resolution, the name of the claimant or assignee, the
20name of the person against whom the assessment is levied, a description of the
21property affected
thereby by the levy and a statement of the amount claimed.
It
AB971,105,3
1(d) The claim shall be signed by the claimant or
by its the claimant's attorney,
2and need not be verified, and may be amended, in case
of an action
is brought, by
3court order
of court, as pleadings may be.
Note: Subdivides provision, inserts specific references and cross-references and
replaces word form of number with digits.
AB971, s. 183
4Section
183. 780.04 of the statutes is renumbered 780.04 (1) and amended to
5read:
AB971,105,126
780.04
(1) In all cases where the owner of any ship, boat or vessel is personally
7liable for any claim mentioned in s. 780.01, the claimant, the claimant's personal
8representatives or
the claimant's assigns may, in an action against
such the owner
9of the ship, boat or vessel for the recovery of
such the claim, have a writ of
10attachment, by virtue of which all
the right and title
such that the owner had in
such 11the ship, boat or vessel at the time
such that the claim accrued or at any time
12thereafter may be attached to secure the payment
thereof of the claim.
AB971,105,15
13(2) Before any
such attachment
shall issue under this section is issued in any
14such action
, the plaintiff or someone in the plaintiff's behalf shall make and
annex
15thereto file in the action an affidavit stating
all of the following:
AB971,105,1816
(a) That the defendant in the action is indebted to the plaintiff or has a claim
17or demand against the plaintiff in a
sum named specified amount, over and above
18all legal set-offs.
AB971,105,2119
(b) That
such the indebtedness
owed by the defendant is due for or accrued or
20arose out of or upon one or more of the causes specified in s. 780.01, specifying
it the
21cause.
AB971,105,2322
(c) The name of the ship, boat or vessel, if
it have any
name, and
, if not, then
23a description of the
same as near as may be ship, boat or vessel.
AB971,106,3
1(d) That the action in which
such the attachment is applied for was commenced
2within
twelve 12 months after
such the claimant's debt, demand or claim accrued or
3became payable
, and no other or further.
AB971,106,5
4(3) No affidavit
, except that required under sub. (2), shall be required for the
5purpose, and except issuance of an attachment under this section.
AB971,106,8
6(4) (a) Except as provided in par. (b) or as otherwise provided in this chapter
, 7the proceedings upon
such an attachment
in an action in the circuit court issued
8under this section shall be the same as provided in ch. 811
, but no.
AB971,106,11
9(b) No attachment shall be issued
out of the circuit court in any such action 10under this section unless the amount claimed in
such the affidavit
shall exceed the
11sum of one hundred dollars filed under sub. (2) exceeds $100.
Note: Subdivides provision, inserts specific references, deletes superfluous
language, reorders text and replaces word form of number with digits.
AB971, s. 184
12Section
184. 780.09 (1) of the statutes is amended to read:
AB971,106,2013
780.09
(1) Whenever any ship, boat or vessel,
or its tackle, apparel or furniture
, 14has been seized by virtue of any attachment issued under
the provisions of this
15chapter the defendant or any other person in the defendant's behalf may file with the
16court
from which the same that issued
the attachment, at any time before a final
17judgment, an undertaking with at least
two 2 sureties, to the effect that the
18defendant will pay to the plaintiff on demand any judgment that may be rendered
19in the plaintiff's favor, not exceeding double the amount claimed by the plaintiff in
20the affidavit.
Note: Inserts specific references, deletes superfluous language and replaces word
form of number with digits.
AB971, s. 185
21Section
185. 782.08 (1) of the statutes is amended to read:
AB971,107,6
1782.08
(1) If the person having the custody of the prisoner is designated, either
2by name of office, if any, or by the person's name, or if both names are unknown or
3uncertain the person may be described by an assumed name or title
; and any one.
4Anyone who is served with the writ is
deemed
considered the person to whom it is
5directed, although it is directed to the person by a wrong name or description or to
6any other person.
Note: Breaks up long sentence, corrects spelling and replaces disfavored term.
AB971, s. 186
7Section
186. 782.30 of the statutes is amended to read:
AB971,107,15
8782.30 Order of discharge, how enforced, action for damages. 9Obedience to any final order discharging or directing the discharge of any prisoner
10may be enforced by the court
or judge making the
same order by attachment, in the
11manner provided for a neglect to make a return to a writ of habeas corpus and with
12the like effect in all respects
; and the. The person
who is guilty of
such disobedience
13of the order shall be liable to the prisoner in the sum of
one thousand two hundred
14and fifty dollars $1,250 for damages, in addition to any special damages
such party 15that the prisoner may have sustained.
Note: Inserts specific references and replaces word form of number with digits.
AB971, s. 187
16Section
187. 782.37 of the statutes is amended to read:
AB971,107,22
17782.37 Penalty for refusing papers.
Any If any officer or other person
18refusing refuses to deliver a copy of any order, warrant, process or other authority
, 19by which the officer or other person
shall detain
detains any person
, to
any one 20anyone who
shall demand such demands the copy and
tender who tenders the fees
21therefor for the copy, the officer or other person shall be liable to the person so
22detained in the sum of $200
damages, to be recovered in an action.
Note: Inserts specific references and replaces word form of number with digits.
AB971, s. 188
1Section
188. 784.13 of the statutes is amended to read:
AB971,108,9
2784.13 (title)
Judgment if office, etc., franchise or privilege usurped. 3When a defendant against whom
such an action
shall have has been brought
under
4this chapter shall be adjudged guilty of usurping or intruding into or unlawfully
5holding or exercising any office, franchise or privilege
, judgment shall be rendered
6that
such the defendant be excluded from
such the office, franchise or privilege and
7also that the plaintiff recover costs against
such the defendant. The court may also,
8in its discretion, fine
such the defendant a sum not exceeding
two thousand dollars 9$2,000, which fine, when collected, shall be paid into the treasury of the state.
Note: Inserts specific references and replaces word form of number with digits.
AB971, s. 189
10Section
189. 786.21 of the statutes is amended to read:
AB971,108,14
11786.21 (title)
Estate of incompetent, lease, etc., of management. The real
12estate of an incompetent person shall not be leased for more than
five 5 years, or
13mortgaged or disposed of otherwise than is
hereinbefore authorized and directed
by
14this chapter.
Note: Inserts specific references and replaces word form of number with digits.
AB971, s. 190
15Section
190. 788.01 of the statutes is amended to read:
AB971,109,2
16788.01 Arbitration clauses in contracts enforceable. A provision in any
17written contract to settle by arbitration a controversy thereafter arising out of
such 18the contract, or out of the refusal to perform the whole or any part
thereof of the
19contract, or an agreement in writing between
two
2 or more persons to submit to
20arbitration any controversy existing between them at the time of the agreement to
21submit, shall be valid, irrevocable and enforceable
save except upon such grounds
22as exist at law or in equity for the revocation of any contract. This chapter shall not
23apply to contracts between employers and employes, or between employers and
1associations of employes, except as provided in s. 111.10, nor to agreements to
2arbitrate disputes under s. 230.44 (4) (bm).
Note: Inserts specific references and replaces word form of number with digits.
AB971, s. 191
3Section
191. 802.08 (2) of the statutes is amended to read:
AB971,109,154
802.08
(2) Motion. Unless earlier times are specified in the scheduling order,
5the motion shall be served at least 20 days before the time fixed for the hearing and
6the adverse party shall serve opposing affidavits, if any, at least
five 5 days before
7the time fixed for the hearing. Prior to a hearing on the motion, any party who was
8prohibited under s. 802.02 (1m) from specifying the amount of money sought in the
9demand for judgment shall specify that amount to the court and to the other parties.
10The judgment sought shall be rendered if the pleadings, depositions, answers to
11interrogatories, and admissions on file, together with the affidavits, if any, show that
12there is no genuine issue as to any material fact and that the moving party is entitled
13to a judgment as a matter of law. A summary judgment, interlocutory in character,
14may be rendered on the issue of liability alone although there is a genuine issue as
15to the amount of damages.