Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1851-03-28

whatsoever, he shall forfeit for each offence the
sum of fifty dollars, to be collected in an action
by the town,village or city treasurer, against such
licensed person and his sureties, on his bond, in
cases where such bond is given in pursuance of
this act or in cases where no bond is required or
gwen, then in an action on the case against such
licensed person, in the name of the town or vii
lage treasurer, as the case may be.
Section IL. When the sale or giving away
of spirituous, intoxicating or ardent liquors or
drinks shall have been prohibited to any such
spendthrift in pursuance Of this act, II any per-
son shall with knowledge Of said prohibition
give, SELL purchase procure for, or IN behalf of
such prohibited person, or for his use, any such
liquors or drinks, he shall be deemed guilty of a
msdemeanor and. on conviction thereof, shall be
punished by a fine of fifty dollars, or in default
ofimmediate payment of such fine when legally
imposed, to imprisonment in the county Jail for
space of thirty days, unless sooner discharged
by payment OF such fine and all costs and fees
up to the date of his discharge.
Section IL. Upon any complaint made in wri-
ting under oath by any respectable persons. resi-
debts OF the town, village, or ward in which any
licensed person may keep his shop, grocery, sa-
loon, or place for the sale of any liquors or drinks
under the provision of this act, and upon filing
the same with the clerk of the town, city or vii
lage, setting forth therein that any such licensed
person Keeps or maintains a disorderly riotous
indecent or improper house, or that he suffers,
allows, or permits gambling in his house with
cards, dice, or with any device or implements,
or in any manner whatever, the board of super
visors or the board of aldermen, or the board of
trustees (as the case may be-, shall issue their
summons, under the hand of their clerk, direct
ed to any constable Of the town, city, or village;
commanding tho IN plaipod &c, -
and appear before such board on day certain 10
be therein named, (Which day shall not be less
than three nor more than ten davs) 10 show cause
why his license shall not be Immediately revo-
ked and cancelled.
Section IA. Ii such accused person shall not
appear as required by the summons mentioned
IN the foregoing section, to show cause in an
swer TO such complaint the board issuing the
same shall take such complaint and the charges
therein made, TO be true, and if they shall deem
the allegations contained in said complaint to be
sufficient, they shall Immediately cause said IL
cense, by them before granted, to be wholly re-
voked and annnlled, which action of the board
shall be entered by their clerk on the books or
journal of the board, and they shall cause proper
notice to be given to the person whose license
shall be revoked. But if such person shall APP
pear, he shall be allowed to traverse AMI DENY the
issue made, each party shall be allowed to pro-
duce witnesses as in other cases, and to be heard
by council. Ifupon such hearing the board shall
find the complaint to be true, they shall imme-
dately revoke the license heretofore granted to
the accused party; but if they shall find the
same not to be true, after proofs addnced, they
shall discharge the person complained of, free of
all costs, and the cost shall be paid by the per-
sons making such complaint for the payment of
which costs said ard shall take good aud suff- |
cient security of the complainants, before issu-
ing their summons as Aforesaid Provided that /
in no case where such license shall be revoked t
and taken away from any person, shall it be la w
full for snch board to grant another license to the 7
same person within the time of twelve mont s
from the date of such revocation, and provided ,
further, that no part Of the money paid by such
person for the license so revoked shall be refund
ed TO him.
Section Is The board of supervisors of any
town may grant licenses to sell intoxicating or
sprituoIs liquors drinks in any quantity less
than one gallon, to such persons "a keep houses
of public entertainment on any public high way
for the benefi; and accommodation of travellers,
in such cases as the said board shall deem the
granting of such license eXpedient and proper
The sum to be paid for such license shall not be
less than thirty dollars, nor than fifty dol
lars, according to the discretion of said board
and before the same shall be granted 10 any per-
son, he shall make and file with the clerk of the
town a written affidavit, that he is keeping
house Of public Entertainment for travellers, COM
monty Known as tavern or hotel, and he desires
snCh license only for the reason that he is keep
ing such house of public entertainment and for ,
the accommodation of the travelling public Pro-
vidcd, that no such license shall be granted un-
I'll shall ba,
and filled his bond, in accordance with section
four of this act and that he shall be, in all res
poets subject TO the several requirements and
penalties herein before made in the same manner
as other licensed persons.
Sec Is All monies derived from licenses
granted under this act, shall b. kept separate and
distinct from other monies by the town, city
village treasurer and the same shall be applied .
solely for the purpose of detravng the pauper
expenses of such town, city village, unless tho
amount received shall exceed the sum required
for such objects, in which case the remainder
shall be placed in the general treasury of the CT
ty, town or village, and appropriated in the same
manner as other monies: Provided however,
that in counties where the system Of supporting
paupers has been adopted, said moneys shall be |
placed in the general treasury of the city, town
or village, and appropriated i'll the same manner
as other moneys.
Section II. This act shall take effect from |
and after the first day of June next, and chapter
30 of the Revised Statutes and the act amendato- /
ry thereof, approved February 1850, are here
by repealed Provided, That this act shall in no
wise affect any prosecution already commenced
or right accrued under the laws hereay repeal
ed.
FRIEDRICH w. HORN,
Speaker OF the Assembly.
DUNCAN c. REED,
Pres. pro tenn. OF the Senate.
Approved March, 9Th 1851.
NEI SON DEWEY