895.28
895.28
Remedies not merged. When the violation of a right admits of both a civil and criminal remedy the right to prosecute the one is not merged in the other.
895.33
895.33
Limitation of surety's liability. Any person may limit the amount of liability as a surety upon any bond or other obligation required by law or ordered by any court, judge, municipal judge or public official for any purpose. The amount of the limited liability may be recited in the body of the bond or stated in the justification of the surety. In an action brought upon the bond, no judgment may be recovered against the surety for a sum larger than the amount of the liability stated, together with the proportional share of the costs of the action. In an action brought on the bond, a surety may deposit in court the amount of the liability, whereupon the surety shall be discharged and released from any further liability under the bond.
895.33 History
History: 1979 c. 110 s.
60 (11);
1985 a. 332.
895.34
895.34
Renewal of sureties upon becoming insufficient and effects thereof. If any bail bond, recognizance, undertaking or other bond or undertaking given in any civil or criminal action or proceeding, becomes at any time insufficient, the court or judge thereof, municipal judge or any magistrate before whom such action or proceeding is pending, may, upon notice, require the plaintiff or defendant to give a new bond, recognizance or undertaking. Every person becoming surety on any such new bond, recognizance or undertaking is liable from the time the original was given, the same as if he or she had been the original surety. If any person fails to comply with the order made in the case the adverse party is entitled to any order, judgment, remedy or process to which he or she would have been entitled had no bond, recognizance or undertaking been given at any time.
895.34 History
History: 1977 c. 305.
895.34 Annotation
A precondition for this section to apply is that the bond must at one time have been sufficient. Bruer v. Town of Addison,
194 Wis. 2d 617,
534 N.W.2d 634 (Ct. App. 1995).
895.345
895.345
Justification of individual sureties. 895.345(1)
(1) This section shall apply to any bond or undertaking in an amount of more than $1,000 whereon individuals are offered as sureties, which is authorized or required by any provision of the statutes to be given or furnished in or in connection with any civil action or proceeding in any court of record in this state, in connection with which bond or undertaking real property is offered as security.
895.345(2)
(2) Before any such bond or undertaking shall be approved, there shall be attached thereto and made a part of such bond or undertaking a statement under oath in duplicate by the surety that the surety is the sole owner of the property offered by the surety as security and containing the following additional information:
895.345(2)(c)
(c) An accurate description by lot and block number, if part of a recorded and filed plat, or by metes and bounds of the real estate offered as security.
895.345(2)(d)
(d) A statement that none of the properties offered constitute the homestead of the surety.
895.345(2)(e)
(e) A statement of the total amount of the liens, unpaid taxes and other encumbrances against each property offered.
895.345(2)(f)
(f) A statement as to the assessed value of each property offered, its market value and the value of the equity over and above all encumbrances, liens and unpaid taxes.
895.345(2)(g)
(g) That the equity of the real property is equal to twice the penalty of the bond or undertaking.
895.345(3)
(3) This sworn statement shall be in addition to and notwithstanding other affidavits or statements of justification required or provided for elsewhere in the statutes in connection with such bonds and undertakings.
895.345 History
History: 1993 a. 486;
1999 a. 96.
895.345 Cross-reference
Cross-reference: This section does not apply to bonds of personal representatives. See s.
856.25.
895.346
895.346
Bail, deposit in lieu of bond. When any bond or undertaking is authorized in any civil or criminal action or proceeding, the would-be obligor may, in lieu thereof and with like legal effect, deposit with the proper court or officer cash or certified bank checks or U.S. bonds or bank certificates of deposit in an amount at least equal to the required security; and the receiver thereof shall give a receipt therefor and shall notify the payor bank of any deposits of bank certificates of deposit.
Section 808.07 shall govern the procedure so far as applicable.
895.346 History
History: Sup. Ct. Order,
67 Wis. 2d 585, 784 (1975);
1977 c. 187 s.
135.
895.346 Annotation
This section applies to all bonds, not just bail bonds. Aiello v. Village of Pleasant Prairie,
206 Wis. 2d 67,
556 N.W.2d 697 (1996).
895.35
895.35
Expenses in actions against municipal and other officers. Whenever in any city, town, village, school district, technical college district or county charges of any kind are filed or an action is brought against any officer thereof in the officer's official capacity, or to subject any such officer, whether or not the officer is being compensated on a salary basis, to a personal liability growing out of the performance of official duties, and such charges or such action is discontinued or dismissed or such matter is determined favorably to such officer, or such officer is reinstated, or in case such officer, without fault on the officer's part, is subjected to a personal liability as aforesaid, such city, town, village, school district, technical college district or county may pay all reasonable expenses which such officer necessarily expended by reason thereof. Such expenses may likewise be paid, even though decided adversely to such officer, where it appears from the certificate of the trial judge that the action involved the constitutionality of a statute, not theretofore construed, relating to the performance of the official duties of said officer.
895.35 History
History: 1971 c. 154;
1993 a. 399,
486.
895.35 Annotation
A county has the option to refuse payment of its sheriff's criminal defense attorney's fees. Bablitch & Bablitch v. Lincoln County,
82 Wis. 2d 574,
263 N.W.2d 218.
895.35 Annotation
A city may reimburse a commissioner of the city redevelopment authority for his legal expenses incurred when charges are filed against him in his official capacity seeking his removal from office for cause and such charges are found by the common council to be unsupported. Such reimbursement is discretionary. The city redevelopment authority lacks statutory authority to authorize reimbursement for such legal expenses. 63 Atty. Gen. 421.
895.35 Annotation
A city council can, in limited circumstances, reimburse a council member for reasonable attorney fees incurred in defending an alleged violation of the open meeting law, but cannot reimburse the member for any forfeiture imposed. 66 Atty. Gen. 226.
895.35 Annotation
This section applies to criminal charges brought against a former officer for alleged fraudulent filing of expense vouchers.
71 Atty. Gen. 4.
895.35 Annotation
Sections 895.35 and 895.46 apply to actions for open meetings law violations to the same extent they apply to other actions against public officers and employees, except that public officials cannot be reimbursed for forfeitures they are ordered to pay for violating open meetings law.
77 Atty. Gen. 177.
895.36
895.36
Process against officer. No process against private property shall issue in an action or upon a judgment against a public corporation or limited liability company or an officer or manager in his or her official capacity, when the liability, if any, is that of the corporation or limited liability company nor shall any person be liable as garnishee of such public corporation or limited liability company.
895.36 History
History: 1993 a. 112.
895.37
895.37
Abrogation of defenses. 895.37(1)
(1) In any action to recover damages for a personal injury sustained within this state by an employee while engaged in the line of the employee's duty as an employee, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of any officer, agent, or servant of the employer, it shall not be a defense:
895.37(1)(a)
(a) That the employee either expressly or impliedly assumed the risk of the hazard complained of.
895.37(1)(b)
(b) When such employer has at the time of the injury in a common employment 3 or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of a fellow servant.
895.37(1)(c)
(c) When such employer has at the time of the injury in a common employment 3 or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of the injured employee, where such want of ordinary care was not wilful.
895.37(2)
(2) Any employer who has elected to pay compensation as provided in
ch. 102 shall not be subject to this section.
895.37(3)
(3) Subsection (1) (a),
(b) and
(c) shall not apply to farm labor, except such farm labor as is subject to
ch. 102.
895.37(4)
(4) No contract, rule, or regulation, shall exempt the employer from this section.
895.37 History
History: 1993 a. 486.
895.37 Annotation
The fellow servant defense is not available to a farm employer of a child employed in violation of child labor laws. Tisdale v. Hasslinger,
79 Wis. 2d 194,
255 N.W.2d 314.
895.375
895.375
Abrogation of defense that contract was champertous. No action, special proceeding, cross complaint or counterclaim in any court shall be dismissed on the ground that a party to the action is a party to a contract savoring of champerty or maintenance unless the contract is the basis of the claim pleaded.
895.38
895.38
Surety, how discharged. 895.38(1)
(1) Any surety or the personal representative of any surety upon the bond of any trustee, guardian, receiver, executor, or other fiduciary, may be discharged from liability as provided in this section. On 5 days' notice to the principal in such bond, application may be made to the court where it is filed, or which has jurisdiction of such fiduciary or to any judge of such court for a discharge from liability as surety, and that such principal be required to account.
895.38(2)
(2) Notice of such application may be served personally within or without the state. If it shall satisfactorily appear to the court or the judge that personal service cannot be had with due diligence within the state, the notice may be served in such manner as the court or judge shall direct. Pending such application the principal may be restrained from acting, except to preserve the trust estate.
895.38(3)
(3) If at the time appointed the principal shall fail to file a new bond satisfactory to the court or judge, an order shall be made requiring the principal to file a new bond within 5 days. When such new bond shall be filed, the court or judge shall make an order requiring the principal to account for all of the principal's acts to and including the date of the order, and to file such account within a time fixed not exceeding 20 days; and shall discharge the surety making such application from liability for any act or default of the principal subsequent to the date of such order.
895.38(4)
(4) If the principal shall fail to file a new bond within the time specified, an order shall be made removing the principal from office, and requiring the principal to file the principal's account within 20 days. If the principal shall fail to file the principal's account as required, the surety may make and file such account; and upon settlement thereof and upon the trust fund or estate being found or made good and paid over or properly secured, credit shall be given for all commissions, costs, disbursements and allowances to which the principal would be entitled were the principal accounting.
895.38(5)
(5) The procedure for hearing, settling and allowing such account shall be according to the practice prescribed by
ch. 862 in the matter of account of executors and administrators. Upon the trust fund or estate being found or made good and paid over or properly secured, such surety shall be discharged from all liability. Upon demand by the principal, the discharged surety shall return the unearned part of the premium paid for the canceled bond.
895.38(6)
(6) Any such fiduciary may institute and conduct proceedings for the discharge of the fiduciary's surety and for the filing of a new bond; and the procedure shall in all respects conform substantially to the practice prescribed by this section in cases where the proceeding is instituted by a surety, and with like effect.
895.38 History
History: 1993 a. 486.
895.41
895.41
Employee's cash bonds to be held in trust; duty of employer; penalty. 895.41(1)
(1) Where any person requests any employee to furnish a cash bond, the cash constituting such bond shall not be mingled with the moneys or assets of such person demanding the same, but shall be deposited by such person in a bank, trust company, savings bank or savings and loan association doing business in this state whose deposits or shares are insured by a federal agency to the extent of $10,000, as a separate trust fund, and it shall be unlawful for any person to mingle such cash received as a bond with the moneys or assets of any such person, or to use the same. No employer shall deposit more than $10,000 with any one depository. The bank book, certificate of deposit or other evidence thereof shall be in the name of the employer in trust for the named employee, and shall not be withdrawn except after an accounting had between the employer and employee, said accounting to be had within 10 days from the time relationship is discontinued or the bond is sought to be appropriated by the employer. All interest or dividends earned by such sum deposited shall accrue to and belong to the employee and shall be turned over to said employee as soon as paid out by the depository. Such deposit shall at no time and in no event be subject to withdrawal except upon the signature of both the employer and employee or upon a judgment or order of a court of record.
895.41(2)
(2) In the event of the failure of any person, such moneys on deposit shall constitute a trust fund for the benefit of the persons who furnished such bonds and shall not become the property of the assignee, receiver or trustee of such insolvent person.
895.41(3)(a)(a) In case an employee who was required to give a cash bond dies before the cash bond is withdrawn in the manner provided in
sub. (1), the accounting and withdrawal may be effected not less than 5 days after the employee's death and before the filing of a petition for letters testamentary or of administration in the matter of the decedent's estate, by the employer with any of the following, in the following order:
895.41(3)(a)2.
2. The decedent's children if the decedent shall leave no surviving spouse.
895.41(3)(a)3.
3. The decedent's father or mother if the decedent shall leave no surviving spouse or children.
895.41(3)(a)4.
4. The decedent's brother or sister if the decedent shall leave no surviving spouse, children or parent.
895.41(3)(b)
(b) The accounting and withdrawal under
par. (a) shall be effected in the same manner and with like effect as if such accounting and withdrawal were accomplished by and between the employer and employee as provided in
sub. (1).
895.41(3)(c)
(c) The amount of the cash bond, together with principal and interest, to which the deceased employee would have been entitled had the deceased employee lived, shall, as soon as paid out by the depository, be turned over to the relative of the deceased employee effecting the accounting and withdrawal with the employer. The turning over shall be a discharge and release of the employer to the amount of the payment.
895.41(3)(d)
(d) If no relatives designated under
par. (a) survive, the employer may apply the cash bond, or so much thereof as may be necessary, to paying creditors of the decedent in the order of preference prescribed in
s. 859.25 for satisfaction of debts by executors and administrators. The making of payment under this paragraph shall be a discharge and release of the employer to the amount of the payment.
895.41(4)
(4) Any person who violates this section shall be punished by a fine equal to the amount of the bond or by imprisonment for not less than 10 days nor more than 60 days, or both.
895.42
895.42
Deposit of undistributed money and property by administrators and others. 895.42(1)
(1) In case in any proceeding in any court of record it is determined that moneys or other personal property in the custody of or under the control of any administrator, executor, trustee, receiver or other officer of the court, belongs to a natural person if the person is alive, or to an artificial person if it is in existence and entitled to receive, otherwise to some other person, and the court or judge making such determination finds that there is not sufficient evidence showing that the natural person first entitled to take is alive, or that the artificial person is in existence and entitled to receive, or in case such money or other personal property, including any legacy or share of intestate property cannot be delivered to the legatee or heir or person entitled thereto because of the fact that such person is a member of the military or naval forces of the United States or any of its allies or is engaged in any of the armed forces abroad or with the American Red Cross society or other body or other similar business, then in either or any of such cases, the court or judge may direct that the officer having custody or control of such money or other personal property, deposit the same in any trust company, or any state or national bank within the state of Wisconsin authorized to exercise trust powers, taking its receipt therefor, and the said receipt shall, to the extent of the deposit so made, constitute a complete discharge of the said officer in any accounting by the officer made in said proceeding.
895.42(2)
(2) In case such deposit is directed to be made, the court shall require the trust company or bank in which said deposit is ordered to be made, as a condition of the receipt thereof, to accept and handle, manage and invest the same as trust funds to the same extent as if it had received the same as a testamentary trust, unless the court shall expressly otherwise direct, except that the reports shall be made to the court of its appointment.
895.42(3)
(3) No distribution of the moneys or personal property so deposited shall be made by the depository as such trustee or otherwise without an order of the court on notice as prescribed by
s. 879.03, and the jurisdiction of the court in the proceeding will be continued to determine, at any time at the instance of any party interested, the ownership of said funds, and to order their distribution.
895.42 History
History: 1973 c. 90;
1993 a. 486.
895.43
895.43
Intentional killing by beneficiary of contract. The rights of a beneficiary of a contractual arrangement who kills the principal obligee under the contractual arrangement are governed by
s. 854.14.
895.435
895.435
Intentional killing by beneficiary of certain death benefits. The rights of a beneficiary to receive benefits payable by reason of the death of an individual killed by the beneficiary are governed by
s. 854.14.
895.437
895.437
Use of lodging establishments. 895.437(2)
(2) Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in
sub. (5):
895.437(2)(a)
(a) Consumption of an alcohol beverage by any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
895.437(2)(b)
(b) Illegal use of a controlled substance or controlled substance analog.
895.437(3)
(3) An owner or employee of a lodging establishment may deny lodging to an adult if the owner or employee reasonably believes that consumption of an alcohol beverage by an underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or illegal use of a controlled substance or controlled substance analog, may occur in the area of the lodging establishment procured.
895.437(4)
(4) An owner or employee of a lodging establishment may require a cash deposit or use of a credit card at the time of application for lodging.
895.437(5)
(5) A person who violates
sub. (2) or a local ordinance which strictly conforms to
sub. (2) shall forfeit:
895.437(5)(a)
(a) Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
895.437(5)(b)
(b) Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
