Chapter 898, PERSONS IN JAIL ON CIVIL PROCESS
30 sections in this chapter.
Wis. Stat. § 898.01 Discharge of persons confined for tort
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898.01 Discharge of persons confined for tort. Every person confined in jail on an execution issued on a judgment recovered in an action founded on a tort shall be discharged therefrom upon the conditions hereinafter specified. 898.17 898.18 898.19 898.20 898.21 898.22 898.23 898…
Wis. Stat. § 898.02 Notice to plaintiff
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898.02 Notice to plaintiff. The person shall cause notice to be given to the plaintiff in the action, the plaintiff’s agent or attorney, in writing, that at a time and place specified in the notice the person will apply to the circuit judge or circuit court commissioner of the co…
Wis. Stat. § 898.03 Notice, how served
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898.03 Notice, how served. Such notice shall be served by delivering a copy thereof to the plaintiff, the plaintiff’s agent or attorney 24 hours before the time for the hearing of such application, if the plaintiff lives within 20 miles of the place designated for the hearing; an…
Wis. Stat. § 898.04 Prisoner to be examined
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898.04 Prisoner to be examined. At the time and place specified in the notice the person shall be taken, under the custody of the jailer, the sheriff or the sheriff’s deputy, before the circuit judge or circuit court commissioner, who shall examine the prisoner on oath concerning…
Wis. Stat. § 898.05 Interrogatories
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898.05 Interrogatories. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry and they shall, if required by the creditor, be proposed and answered in writing and the answers shall be signed and sworn to by th…
Wis. Stat. § 898.06 Oath on discharge
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898.06 Oath on discharge. If upon such examination such officer shall be satisfied that the prisoner is entitled to his or her discharge the officer shall administer to the prisoner the following oath: I, .... do solemnly swear that I have not any estate, real or personal, to the…
Wis. Stat. § 898.07 Certificate to sheriff
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898.07 Certificate to sheriff. (1) After administering the oath the officer before whom such examination shall be held shall make a certificate under the officer’s hand as follows: To the sheriff or jailer of the county of .... : I do hereby certify that .... , confined in your j…
Wis. Stat. § 898.08 Other applications for discharge
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898.08 Other applications for discharge. If upon such examination aforesaid the prisoner be not discharged the prisoner shall be entitled to apply for his or her discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall …
Wis. Stat. § 898.09 Effect of discharge
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898.09 Effect of discharge. The prisoner, after being so discharged, shall be forever exempt from arrest or imprisonment for the same debt unless the prisoner shall be convicted for having willfully sworn falsely upon his or her examination aforesaid or in taking the oath before …
Wis. Stat. § 898.10 Judgment to remain in force
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898.10 Judgment to remain in force. The judgment against any prisoner who is discharged as aforesaid shall remain in full force against any estate which may then or at any time afterwards belong to the prisoner; and the plaintiff in the action may take out a new execution against…
Wis. Stat. § 898.11 Inability to pay fees
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898.11 Inability to pay fees. If the prisoner is unable to pay in whole or in part the fees of the circuit court in the proceedings, the proceedings shall continue without charge to the prisoner. History: 1977 c. 449; 2001 a. 61.
Wis. Stat. § 898.12 Payment and discharge
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898.12 Payment and discharge. If the debtor shall satisfy the execution the debtor shall not be entitled to his or her discharge until the debtor has paid all the charges for his or her sup- JAILED DEBTORS port in prison, in addition to the sum due on the execution, and the costs…
Wis. Stat. § 898.13 Discharge by plaintiff
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898.13 Discharge by plaintiff. The plaintiff in the action may, at any time, order the prisoner to be discharged, and the prisoner shall not thereafter be liable to imprisonment for the same cause. History: 1993 a. 486.
Wis. Stat. § 898.15 Jail liberties
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898.15 Jail liberties. A space of ground in a square, the center of each of whose sides shall be one mile distant from the jail, is declared as the liberties of the jail of each county of the state. The sheriff of each county, where such liberties have not been heretofore so desi…
Wis. Stat. § 898.16 When prisoner to have
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898.16 When prisoner to have. Every person who shall be in the custody of the sheriff of any county by virtue of an order of arrest, or writ of ne exeat or surrender by the person’s bail upon an order of arrest, execution except when issued in a civil action for the recovery of a…
Wis. Stat. § 898.17 Bond to be given
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898.17 Bond to be given. Such bond shall be executed by the prisoner and one or more sureties, to be approved by the sheriff, in a sum not less than double the amount of the sum in which the sheriff was required to hold the defendant to bail, or double the amount directed to be c…
Wis. Stat. § 898.18 Commitment if surety not good
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898.18 Commitment if surety not good. If a sheriff who shall have taken any such bond shall discover that any surety to such bond is insufficient, the sheriff may commit the prisoner, who executed the same, to close confinement in such jail until other good and sufficient suretie…
Wis. Stat. § 898.19 Surrender of principal
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898.19 Surrender of principal. The sureties in any such bond may surrender their principal at any time before judgment shall be rendered against them thereon by taking such principal and delivering the principal to the keeper of the jail, when upon the written requirement of such…
Wis. Stat. § 898.20 What is an escape
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898.20 What is an escape. The going at large of any prisoner who shall have executed such bond or of any prisoner who would be entitled to the liberties of any jail, upon executing such bond, within the limits of the liberties of the jail of the county in which the prisoner shall…
Wis. Stat. § 898.21 Escape of prisoners
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898.21 Escape of prisoners. In case of the escape of any prisoner by reason of the insufficiency of the jail, whereby the sheriff or any other person shall be made liable to any party at whose suit such prisoner was committed or to whose use any forfeiture was adjudged against th…
Wis. Stat. § 898.22 Voluntary return
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898.22 Voluntary return. In every suit brought by a sheriff on such bond the defendants may plead a voluntary return of the prisoner to the jail from which the prisoner escaped, or the liberties thereof, or the recapture of such prisoner by the sheriff from whose custody the pris…
Wis. Stat. § 898.23 Effect of judgment against sheriff
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898.23 Effect of judgment against sheriff. But if an action shall have been brought against such sheriff for such escape and due notice thereof shall have been given to the prisoner and the prisoner’s sureties, who executed such bond, the judgment against such sheriff shall be co…
Wis. Stat. § 898.24 Suit on bond
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898.24 Suit on bond. In every suit brought by a sheriff on the bond if it appears to the court that judgment has been rendered against the sheriff for the escape of the prisoner and that due notice of the pendency of the action against the sheriff was given to the prisoner and hi…
Wis. Stat. § 898.25 Defense by sureties
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898.25 Defense by sureties. If it shall appear, on the hearing of such motion, that the defendants have any meritorious cause of defense, which was not controverted in the action against the sheriff and which by law could not have been so controverted, the court shall enter judgm…
Wis. Stat. § 898.26 Evidence; costs
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898.26 Evidence; costs. In every action brought by a sheriff on such bond the recovery of a judgment against the sheriff for the escape of the prisoner shall be evidence of the damages sustained by the sheriff in the same manner as if such judgment had been collected; and such sh…
Wis. Stat. § 898.27 Assignment of bond
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898.27 Assignment of bond. If any bond given under s. 898.17 is forfeited, the party at whose suit the person executing the bond shall have been confined or, in case of his or her death, that party’s personal representative, shall be entitled to an assignment of the bond, which s…
Wis. Stat. § 898.28 Suit on bond; damages
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898.28 Suit on bond; damages. The party to whom such assignment shall have been made may maintain an action on such bond, as assignee of the sheriff taking the same, in the same cases in which such action might be maintained by such sheriff, and shall recover damages for breaches…
Wis. Stat. § 898.29 Effect of assignment
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898.29 Effect of assignment. The acceptance of an assignment of any such bond shall be a bar to any action by or on behalf of the party receiving such assignment against the sheriff or other officer making the same for any escape of the prisoner executing such bond, amounting to …
Wis. Stat. § 898.30 Defense in actions by assignee
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898.30 Defense in actions by assignee. In every action brought by the assignee of such bond the defendants shall be entitled to plead a voluntary return of the prisoner to the liberties of the jail before the commencement of such action, in mitigation thereof, as provided in s. 8…
Wis. Stat. § 898.31 When suit against sheriff stayed
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898.31 When suit against sheriff stayed. In case the party at whose suit any person shall have been confined to the liberties of a jail shall refuse or neglect to take an assignment of the bond executed by such person, as hereinbefore provided, and shall prosecute any sheriff for…