AB971: Bill Text

Note: Replaces word form of number with digit and inserts "other" for clarity.

AB971, s. 175 Section 175. 779.43 (2) of the statutes is renumbered 779.43 (2) (a) and amended to read:

AB971,100,16 779.43 (2) (a) Every Except as provided in par. (b), every keeper of an inn, hotel, boarding house or lodging house shall have a lien upon and may retain the possession of all the baggage and other effects brought into the place by any guest, boarder or lodger, whether the baggage and effects are the property of or under the control of the guest, boarder or lodger, or are the property of any other person liable for such the board and lodging for the proper charges owing such the keeper for board, lodging and other accommodation furnished to or for such a guest, boarder or lodger, and for all moneys loaned, not exceeding fifty dollars $50, and for extras furnished at the written request signed by the guest, boarder or lodger, until such the charges are paid, and any. Any execution or attachment levied upon such the baggage or effects shall be subject to such the lien given by this section and the costs of satisfying it. But the

AB971,100,20 (b) The lien given by this section does not cover charges for alcohol beverages nor the papers of any soldier, sailor or marine that are derived from and evidence of military or naval service or adjusted compensation, compensation, pension, citation medal or badge.

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 Section 176. 779.49 (1) of the statutes is renumbered 779.49 (1) (a) and amended to read:

AB971,101,14 779.49 (1) (a) Every Except as provided in par. (b), every owner of a stallion, jackass or bull, or semen from such an animal a stallion, jackass or bull, kept and used for breeding purposes shall have a lien upon any dam served and upon any offspring gotten by the animal, or by means of artificial insemination for the sum stipulated to be paid for the service thereof, and of the dam. The owner of the stallion, jackass or bull, used to service, or semen used to artificially inseminate, the dam may seize and take possession of the dam and offspring or either without process at any time before the offspring is one year old, in case the price agreed upon for the service remains unpaid, and sell the offspring at public auction. The sale of the offspring shall be upon 10 days' notice, to be posted in at least 3 public places in the town where the service was rendered, and apply the. The proceeds of the sale shall be applied to the payment of the amount due for the service and the expenses of the seizure and sale, returning the. The residue, if any, shall be returned to the party entitled to it ; provided, no.

AB971,101,20 (b) No lien given under this subsection shall be effectual effective for any purpose as against an innocent purchaser or mortgagee of the offspring or the dam of the offspring for value unless the owner having a claim for the service records with the register of deeds of the county where the owner of the dam served resides a statement showing that the service has been rendered and the amount due for the service.

Note: Subdivides provision, breaks up long sentences, reorders text, inserts specific references and replaces word form of number with digits.

AB971, s. 177 Section 177. 779.49 (2) of the statutes is amended to read:

AB971,102,5 779.49 (2) Any person who sells, disposes of or gives a mortgage upon any dam which to the person's knowledge has been so served by a stallion, jackass or bull, or artificially inseminated with semen owned by another, the fee for which service has not been paid, without giving and who has not given written information to the purchaser or mortgagee of the fact of such the service or artificial insemination, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $10 or by confinement in the county jail imprisoned for not to exceed more than 60 days.

Note: Inserts specific references.

AB971, s. 178 Section 178. 779.50 (1) of the statutes is renumbered 779.50 (1) (a) and amended to read:

AB971,102,12 779.50 (1) (a) Every person who threshes grain, cuts, shreds, husks or shells corn or bales hay or straw by machine for another shall have a lien upon the same grain, corn, hay or straw for the value of the services to the extent that the person contracting for such the services has an interest therein in the grain, corn, hay or straw, from the date of the commencement of such the service; and in case such.

AB971,102,22 (b) The lien given under par. (a) may be foreclosed at any time within 6 months from the date of the last charge for the services described in par. (a) as long as the charges remain unpaid, the. For the purpose of foreclosing the lien, the lien claimant may take possession of so much of such the grain, corn, hay or straw as shall be necessary to pay for such the services and the expenses of enforcing such the lien, for the purpose of foreclosing said lien at any time within six months from the last charge for such the services, and sell the same grain, corn, hay or straw at public auction, upon. The auction shall be held upon notice of not less than ten 10 nor more than fifteen 15 days from the date of such the seizure of the grain, corn, hay or straw under this paragraph.

Note: Subdivides provision, breaks up long sentences, reorders text, inserts specific references and replaces word form of number with digits.

AB971, s. 179 Section 179. 779.52 (title) of the statutes is repealed.

Note: See the next section of this bill.

AB971, s. 180 Section 180. 779.52 of the statutes is renumbered 779.50 (4) (intro.) and amended to read:

AB971,103,4 779.50 (4) (intro.) The costs and expenses of seizure and sale aforesaid under this section shall be: Seizing as follows:

AB971,103,5 (a) For seizing grain, corn, hay or straw, fifty 50 cents; posting up.

AB971,103,6 (b) For posting each notice, twelve 12 cents; serving.

AB971,103,7 (c) For serving each notice of sale, twenty-five 25 cents; for.

AB971,103,9 (d) For every copy of such a notice of sale delivered on request, twelve 12 cents; for.

AB971,103,11 (e) For each mile actually traveled, going and returning to serve any notice; or to give or to post up notices of sale, ten 10 cents; for.

AB971,103,13 (f) For conducting such the sale, fifty of the grain, corn, hay or straw, 50 cents; for.

AB971,103,16 (g) For collecting and paying over all sums upon such the sale, five per cent; but in no case shall the whole percentage exceed ten dollars, and all 5% of the sums collected or $10 dollars, whichever is less.

AB971,103,18 (h) All necessary expenses incurred in taking possession of and preserving any grain, 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 Section 181. 779.70 (3) of the statutes is amended to read:

AB971,104,6 779.70 (3) The governing board of such a corporation described in sub. (1) shall declare the assessments so levied under sub. (2) due and payable at any time after thirty 30 days from the date of such the levy and the. The corporation's secretary or other officer shall notify the owner of every lot so assessed of the action taken by the board, the amount of the assessment of each lot owned by such owner and the date such on which the assessment becomes due and payable. Such The secretary shall mail the notice shall be mailed by U.S. mail, postage prepaid, to the owner at the owner's last-known post-office address by the secretary by United States mail, with postage prepaid.

Note: Inserts specific references, reorders text and replaces word form of number with digits.

AB971, s. 182 Section 182. 779.70 (4) of the statutes is renumbered 779.70 (4) (intro.) and amended to read:

AB971,104,13 779.70 (4) (intro.) In the event that the an assessment levied under sub. (2) against any lot remains unpaid for a period of sixty 60 days from the date of the levy, then the governing board of such the levying corporation may, in its discretion, file a claim for a maintenance lien against such the lot at. All of the following apply to a claim for lien under this subsection:

AB971,104,15 (a) The claim may be filed at any time within six 6 months from the date of the levy, such.

AB971,104,17 (b) The claim to shall be filed in the office of the clerk of the circuit court of the county in which the lands affected thereby by the levy lie. Such claim for lien

AB971,104,21 (c) The claim shall contain a reference to the resolution authorizing such the levy and the date thereof of the resolution, the name of the claimant or assignee, the name of the person against whom the assessment is levied, a description of the property affected thereby by the levy and a statement of the amount claimed. It

AB971,105,3 (d) The claim shall be signed by the claimant or by its the claimant's attorney, and need not be verified, and may be amended, in case of an action is brought, by court 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 Section 183. 780.04 of the statutes is renumbered 780.04 (1) and amended to read:

AB971,105,12 780.04 (1) In all cases where the owner of any ship, boat or vessel is personally liable for any claim mentioned in s. 780.01, the claimant, the claimant's personal representatives or the claimant's assigns may, in an action against such the owner of the ship, boat or vessel for the recovery of such the claim, have a writ of attachment, by virtue of which all the right and title such that the owner had in such the ship, boat or vessel at the time such that the claim accrued or at any time thereafter may be attached to secure the payment thereof of the claim.

AB971,105,15 (2) Before any such attachment shall issue under this section is issued in any such action, the plaintiff or someone in the plaintiff's behalf shall make and annex thereto file in the action an affidavit stating all of the following:

AB971,105,18 (a) That the defendant in the action is indebted to the plaintiff or has a claim or demand against the plaintiff in a sum named specified amount, over and above all legal set-offs.

AB971,105,21 (b) That such the indebtedness owed by the defendant is due for or accrued or arose out of or upon one or more of the causes specified in s. 780.01, specifying it the cause.

AB971,105,23 (c) The name of the ship, boat or vessel, if it have any name, and, if not, then a description of the same as near as may be ship, boat or vessel.

AB971,106,3 (d) That the action in which such the attachment is applied for was commenced within twelve 12 months after such the claimant's debt, demand or claim accrued or became payable, and no other or further.

AB971,106,5 (3) No affidavit, except that required under sub. (2), shall be required for the purpose, and except issuance of an attachment under this section.

AB971,106,8 (4) (a) Except as provided in par. (b) or as otherwise provided in this chapter, the proceedings upon such an attachment in an action in the circuit court issued under this section shall be the same as provided in ch. 811, but no.

AB971,106,11 (b) No attachment shall be issued out of the circuit court in any such action under this section unless the amount claimed in such the affidavit shall exceed the sum 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 Section 184. 780.09 (1) of the statutes is amended to read:

AB971,106,20 780.09 (1) Whenever any ship, boat or vessel, or its tackle, apparel or furniture, has been seized by virtue of any attachment issued under the provisions of this chapter the defendant or any other person in the defendant's behalf may file with the court from which the same that issued the attachment, at any time before a final judgment, an undertaking with at least two 2 sureties, to the effect that the defendant will pay to the plaintiff on demand any judgment that may be rendered in the plaintiff's favor, not exceeding double the amount claimed by the plaintiff in the affidavit.

Note: Inserts specific references, deletes superfluous language and replaces word form of number with digits.

AB971, s. 185 Section 185. 782.08 (1) of the statutes is amended to read:

AB971,107,6 782.08 (1) If the person having the custody of the prisoner is designated, either by name of office, if any, or by the person's name, or if both names are unknown or uncertain the person may be described by an assumed name or title; and any one. Anyone who is served with the writ is deemed considered the person to whom it is directed, although it is directed to the person by a wrong name or description or to any other person.

Note: Breaks up long sentence, corrects spelling and replaces disfavored term.

AB971, s. 186 Section 186. 782.30 of the statutes is amended to read:

AB971,107,15 782.30 Order of discharge, how enforced, action for damages. Obedience to any final order discharging or directing the discharge of any prisoner may be enforced by the court or judge making the same order by attachment, in the manner provided for a neglect to make a return to a writ of habeas corpus and with the like effect in all respects; and the. The person who is guilty of such disobedience of the order shall be liable to the prisoner in the sum of one thousand two hundred and fifty dollars $1,250 for damages, in addition to any special damages such party that the prisoner may have sustained.

Note: Inserts specific references and replaces word form of number with digits.

AB971, s. 187 Section 187. 782.37 of the statutes is amended to read:

AB971,107,22 782.37 Penalty for refusing papers. Any If any officer or other person refusing refuses to deliver a copy of any order, warrant, process or other authority, by which the officer or other person shall detain detains any person, to any one anyone who shall demand such demands the copy and tender who tenders the fees therefor for the copy, the officer or other person shall be liable to the person so detained 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 Section 188. 784.13 of the statutes is amended to read:

AB971,108,9 784.13 (title) Judgment if office, etc., franchise or privilege usurped. When a defendant against whom such an action shall have has been brought under this chapter shall be adjudged guilty of usurping or intruding into or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that such the defendant be excluded from such the office, franchise or privilege and also that the plaintiff recover costs against such the defendant. The court may also, in its discretion, fine such the defendant a sum not exceeding two thousand dollars $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 Section 189. 786.21 of the statutes is amended to read:

AB971,108,14 786.21 (title) Estate of incompetent, lease, etc., of management. The real estate of an incompetent person shall not be leased for more than five 5 years, or mortgaged or disposed of otherwise than is hereinbefore authorized and directed by this chapter.

Note: Inserts specific references and replaces word form of number with digits.

AB971, s. 190 Section 190. 788.01 of the statutes is amended to read:

AB971,109,2 788.01 Arbitration clauses in contracts enforceable. A provision in any written contract to settle by arbitration a controversy thereafter arising out of such the contract, or out of the refusal to perform the whole or any part thereof of the contract, or an agreement in writing between two 2 or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable and enforceable save except upon such grounds as exist at law or in equity for the revocation of any contract. This chapter shall not apply to contracts between employers and employes, or between employers and associations of employes, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 230.44 (4) (bm).

Note: Inserts specific references and replaces word form of number with digits.

AB971, s. 191 Section 191. 802.08 (2) of the statutes is amended to read:

AB971,109,15 802.08 (2) Motion. Unless earlier times are specified in the scheduling order, the motion shall be served at least 20 days before the time fixed for the hearing and the adverse party shall serve opposing affidavits, if any, at least five 5 days before the time fixed for the hearing. Prior to a hearing on the motion, any party who was prohibited under s. 802.02 (1m) from specifying the amount of money sought in the demand for judgment shall specify that amount to the court and to the other parties. The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

Note: Replaces word form of number with digits.

AB971, s. 192 Section 192. 804.05 (7) (b) of the statutes is renumbered 804.05 (7) (b) 1. (intro.) amended to read:

AB971,109,21 804.05 (7) (b) 1. (intro.) Documents and things produced for inspection during the examination of the deponent, shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except that 1) the :

AB971,110,3 a. The person producing the materials may substitute copies to be marked for identification, if the person afford affords to all parties fair opportunity to verify the copies by comparison with the originals, and 2) if; and

AB971,110,6 b. If the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the.

AB971,110,9 2. The original materials copied or returned under subd. 1. may then be used in the same manner as if annexed to and returned with the deposition to the court, pending final disposition of the case.

Note: Renumbers provision for consistency with current style.

AB971, s. 193 Section 193. 809.25 (1) (c) of the statutes is amended to read:

AB971,110,14 809.25 (1) (c) A party seeking to recover costs in the court shall file a statement of the costs within 14 days of the filing of the decision of the court. An opposing party may file, within seven 7 days of the service of the statement, a motion objecting to the statement of costs.

Note: Replaces word form of number with digits.

AB971, s. 194 Section 194. 814.04 (5) of the statutes is amended to read:

AB971,111,2 814.04 (5) Disbursements in timber trespass. In actions founded upon the unlawful cutting of timber, or such unlawful cutting of timber and its conversion, or such unlawful cutting of timber and its unlawful detention, when the value of such the timber or the damages recovered exceeds fifty dollars $50, full costs shall be recovered by the plaintiff, and there shall be included therein. The recoverable costs shall include the actual reasonable expense of one survey and ascertainment of the quantity of timber cut, made after the commencement of the action, by one surveyor and one assistant, if proved as a necessary disbursement. And the The defendant shall recover like costs in the same manner in case the plaintiff is not entitled to costs.

Note: Breaks up long sentence, replaces word form of number with digits and inserts specific references.

AB971, s. 195 Section 195. 814.131 of the statutes is amended to read:

AB971,111,8 814.131 Taxing costs on compulsory references. In all cases of compulsory reference wherein in which the fees claimed by the referee shall exceed fifty dollar, such $50, the fees shall not be allowed until a hearing is had thereon on the fees, upon ten 10 days' notice to the district attorney of the county, accompanied by a copy of the bill.

Note: Replaces word form of number with digits and inserts specific references.