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179. 779.52 (title) of the statutes is repealed.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.
Note: Replaces word form of number with digits.
AB971, s. 192
16Section
192. 804.05 (7) (b) of the statutes is renumbered 804.05 (7) (b) 1.
17(intro.) amended to read:
AB971,109,2118
804.05
(7) (b) 1. (intro.) Documents and things produced for inspection during
19the examination of the deponent
, shall, upon the request of a party, be marked for
20identification and annexed to and returned with the deposition, and may be
21inspected and copied by any party, except that
1) the
:
AB971,110,3
1a. The person producing the materials may substitute copies to be marked for
2identification, if the person
afford affords to all parties fair opportunity to verify the
3copies by comparison with the originals
, and 2) if; and
AB971,110,6
4b. If the person producing the materials requests their return, the officer shall
5mark them, give each party an opportunity to inspect and copy them, and return
6them to the person producing them
, and the.
AB971,110,9
72. The original materials
copied or returned under subd. 1. may
then be used
8in the same manner as if annexed to and returned with the deposition to the court,
9pending final disposition of the case.
Note: Renumbers provision for consistency with current style.
AB971, s. 193
10Section
193. 809.25 (1) (c) of the statutes is amended to read:
AB971,110,1411
809.25
(1) (c) A party seeking to recover costs in the court shall file a statement
12of the costs within 14 days of the filing of the decision of the court. An opposing party
13may file
, within
seven 7 days of the service of the statement
, a motion objecting to
14the statement of costs.
Note: Replaces word form of number with digits.
AB971, s. 194
15Section
194. 814.04 (5) of the statutes is amended to read:
AB971,111,216
814.04
(5) Disbursements in timber trespass. In actions founded upon the
17unlawful cutting of timber, or
such unlawful cutting
of timber and its conversion, or
18such unlawful cutting
of timber and its unlawful detention, when the value of
such 19the timber or the damages recovered exceeds
fifty dollars $50, full costs shall be
20recovered by the plaintiff
, and there shall be included therein. The recoverable costs
21shall include the actual reasonable expense of one survey and ascertainment of the
22quantity of timber cut, made after the commencement of the action, by one surveyor
1and one assistant, if proved as a necessary disbursement.
And the The defendant
2shall 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
3Section
195. 814.131 of the statutes is amended to read:
AB971,111,8
4814.131 Taxing costs on compulsory references. In all cases of
5compulsory reference
wherein in which the fees claimed by the referee
shall exceed
6fifty dollar, such $50, the fees shall not be allowed until a hearing is had
thereon
on
7the fees, upon
ten 10 days' notice to the district attorney of the county, accompanied
8by a copy of the bill.
Note: Replaces word form of number with digits and inserts specific references.
AB971, s. 196
9Section
196. 814.28 (2) of the statutes is amended to read:
AB971,111,1510
814.28
(2) Order for security. Upon proof by affidavit entitling the defendant
11thereto to security for costs, the court
or judge shall order the plaintiffs to file security
12for costs in a sum
therein mentioned
in the affidavit, not less than
two hundred and
13fifty dollars $250, within
twenty
20 days after the service upon
them the plaintiffs 14of a copy of
such the order
requiring the security for costs, and that all proceedings
15on the part of
such the plaintiffs be stayed until security is filed.
Note: Replaces word form of number with digits and inserts specific references.
AB971, s. 197
16Section
197. 815.44 (1) of the statutes is amended to read:
AB971,111,2117
815.44
(1) Who may acquire. In case the premises sold on execution or any part
18of them
shall are not
be redeemed within the year prescribed by ss. 815.39 and 815.40
19then the interest of the purchaser may be acquired within
three 3 months after the
20expiration of the redemption period by the persons and on the terms prescribed in
21this section.
Note: Replaces word form of number with digits.
AB971, s. 198
1Section
198. 815.55 of the statutes is amended to read:
AB971,112,9
2815.55 Execution sale; deed when to issue; limitation. If after the
3expiration of
fifteen 15 months from the time of the sale of any real estate upon
4execution any part of the premises sold shall remain unredeemed, the sheriff of the
5county in which
such the real estate is situated shall, on demand, execute a deed
of 6for the
unredeemed premises
unredeemed to the person entitled
thereto, which
to
7the deed. The deed shall convey all
of the right, title and interest which was sold upon
8such the execution
. But no such, except that no deed shall be issued after
twenty 20 9years from the date of the sale.
Note: Replaces word form of number with digits and inserts specific references.
AB971, s. 199
10Section
199. 815.64 of the statutes is renumbered 815.64 (1) and amended to
11read:
AB971,112,1612
815.64
(1) When any judgment debtor or person claiming under the judgment
13debtor
shall have has redeemed the lands or any part
thereof of or interest
therein 14in the lands sold on execution the person or officer to whom the redemption money
15was paid shall execute, acknowledge and deliver to the redeemer a certificate,
16attested by
two 2 witnesses,
stating containing all of the following:
AB971,112,17
17(a) A statement of the fact of
such
the redemption
, the.
AB971,112,18
18(b) The date
thereof, the of the redemption.
AB971,112,19
19(c) The amount of money paid
, with a to redeem the lands or interests in lands.
AB971,112,21
20(d) A description of the lands or interests
therein in the lands so redeemed.
21Such certificates