AB971: Bill Text

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.

AB971, s. 196 Section 196. 814.28 (2) of the statutes is amended to read:

AB971,111,15 814.28 (2) Order for security. Upon proof by affidavit entitling the defendant thereto to security for costs, the court or judge shall order the plaintiffs to file security for costs in a sum therein mentioned in the affidavit, not less than two hundred and fifty dollars $250, within twenty 20 days after the service upon them the plaintiffs of a copy of such the order requiring the security for costs, and that all proceedings on 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 Section 197. 815.44 (1) of the statutes is amended to read:

AB971,111,21 815.44 (1) Who may acquire. In case the premises sold on execution or any part of them shall are not be redeemed within the year prescribed by ss. 815.39 and 815.40 then the interest of the purchaser may be acquired within three 3 months after the expiration of the redemption period by the persons and on the terms prescribed in this section.

Note: Replaces word form of number with digits.

AB971, s. 198 Section 198. 815.55 of the statutes is amended to read:

AB971,112,9 815.55 Execution sale; deed when to issue; limitation. If after the expiration of fifteen 15 months from the time of the sale of any real estate upon execution any part of the premises sold shall remain unredeemed, the sheriff of the county in which such the real estate is situated shall, on demand, execute a deed of for the unredeemed premises unredeemed to the person entitled thereto, which to the deed. The deed shall convey all of the right, title and interest which was sold upon such the execution. But no such, except that no deed shall be issued after twenty 20 years from the date of the sale.

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

AB971, s. 199 Section 199. 815.64 of the statutes is renumbered 815.64 (1) and amended to read:

AB971,112,16 815.64 (1) When any judgment debtor or person claiming under the judgment debtor shall have has redeemed the lands or any part thereof of or interest therein in the lands sold on execution the person or officer to whom the redemption money was paid shall execute, acknowledge and deliver to the redeemer a certificate, attested by two 2 witnesses, stating containing all of the following:

AB971,112,17 (a) A statement of the fact of such the redemption, the.

AB971,112,18 (b) The date thereof, the of the redemption.

AB971,112,19 (c) The amount of money paid, with a to redeem the lands or interests in lands.

AB971,112,21 (d) A description of the lands or interests therein in the lands so redeemed. Such certificates

AB971,113,2 (2) A certificate executed under sub. (1) may be recorded in the office of the register of deeds of the county in which the lands are situated, and shall be presumptive evidence of the redemption of the lands therein described in the certificate from such the execution sale and from the lien of the judgment by virtue of which such the execution sale was made.

Note: Subdivides provision, replaces word form of number with digits and inserts specific references.

AB971, s. 200 Section 200. 846.01 of the statutes is renumbered 846.01 (1) and amended to read:

AB971,113,10 846.01 (1) In Except as provided in sub. (2), in actions for the foreclosure of mortgages upon real estate, if the plaintiff recover, the court shall render judgment of foreclosure and sale, as hereinafter provided in this chapter, of the mortgaged premises or such part thereof so much of the premises as may be sufficient to pay the amount adjudged to be due upon the mortgage and obligation secured thereby by the mortgage, with costs. But such judgment

AB971,113,12 (2) A judgment of foreclosure and sale shall not be entered until twenty 20 days after the lis pendens has been filed.

Note: Subdivides provision, replaces word form of number with digits and inserts specific references.

AB971, s. 201 Section 201. 893.26 (4) (b) of the statutes is amended to read:

AB971,113,14 893.26 (4) (b) Where it has been protected by a substantial inclosure enclosure;

Note: Inserts preferred spelling.

AB971, s. 202 Section 202. 893.26 (4) (c) of the statutes is amended to read:

AB971,113,18 893.26 (4) (c) Where, although not inclosed enclosed, it has been used for the supply of fuel or of fencing timber for the purpose of husbandry or for the ordinary use of the occupant; or

Note: Inserts preferred spelling.

AB971, s. 203 Section 203. 893.26 (4) (d) of the statutes is amended to read:

AB971,114,2 893.26 (4) (d) Where a known farm or single lot has been partly improved the portion of the farm or lot that is left not cleared or not inclosed enclosed, according to the usual course and custom of the adjoining country, is deemed considered to have been occupied for the same length of time as the part improved or cultivated.

Note: Inserts preferred spelling and replaces disfavored term.

AB971, s. 204 Section 204. 943.205 (5) of the statutes is amended to read:

AB971,114,5 943.205 (5) This section does not prevent any one anyone from using skills and knowledge of a general nature gained while employed by the owner of a trade secret.

Note: Inserts preferred spelling.

AB971, s. 205 Section 205. Nonstatutory provisions.

AB971,114,8 (1) Reconciliation provision. If 1997 Assembly Bill 465 is not enacted into law, the treatment of section 213.11 (6) of the statutes by this act is void.

AB971,114,9 (End)