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
AB971,113,2
22(2) A certificate executed under sub. (1) may be recorded in the office of the
23register of deeds of the county in which the lands are situated, and shall be
24presumptive evidence of the redemption of the lands
therein described
in the
1certificate from
such the execution sale and from the lien of the judgment by virtue
2of which
such the execution sale was made.
Note: Subdivides provision, replaces word form of number with digits and inserts
specific references.
AB971, s. 200
3Section
200. 846.01 of the statutes is renumbered 846.01 (1) and amended to
4read:
AB971,113,105
846.01
(1) In Except as provided in sub. (2), in actions for the foreclosure of
6mortgages upon real estate, if the plaintiff recover, the court shall render judgment
7of foreclosure and sale, as
hereinafter provided
in this chapter, of the mortgaged
8premises or
such part thereof so much of the premises as may be sufficient to pay the
9amount adjudged to be due upon the mortgage and obligation secured
thereby by the
10mortgage, with costs.
But such judgment
AB971,113,12
11(2) A judgment of foreclosure and sale shall not be entered until
twenty 20 days
12after the lis pendens has been filed.
Note: Subdivides provision, replaces word form of number with digits and inserts
specific references.
AB971, s. 201
13Section
201. 893.26 (4) (b) of the statutes is amended to read:
AB971,113,1414
893.26
(4) (b) Where it has been protected by a substantial
inclosure enclosure;
Note: Inserts preferred spelling.
AB971, s. 202
15Section
202. 893.26 (4) (c) of the statutes is amended to read:
AB971,113,1816
893.26
(4) (c) Where, although not
inclosed enclosed, it has been used for the
17supply of fuel or of fencing timber for the purpose of husbandry or for the ordinary
18use of the occupant; or
Note: Inserts preferred spelling.
AB971, s. 203
19Section
203. 893.26 (4) (d) of the statutes is amended to read:
AB971,114,220
893.26
(4) (d) Where a known farm or single lot has been partly improved the
21portion of the farm or lot that is left not cleared or not
inclosed enclosed, according
1to the usual course and custom of the adjoining country, is
deemed considered to have
2been occupied for the same length of time as the part improved or cultivated.
Note: Inserts preferred spelling and replaces disfavored term.
AB971, s. 204
3Section
204. 943.205 (5) of the statutes is amended to read:
AB971,114,54
943.205
(5) This section does not prevent
any one anyone from using skills and
5knowledge of a general nature gained while employed by the owner of a trade secret.
Note: Inserts preferred spelling.
AB971,114,87
(1)
Reconciliation provision. If 1997 Assembly Bill 465 is not enacted into law,
8the treatment of section 213.11 (6) of the statutes by this act is void.