Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1853-09-01
,pproved June ?, 1851.
Unrepsaled Sections of the old Law.

tions of the Law of l846, referred to in
| the last section of the new law:
/ SEC 10. No action shall be maintain
/ ed upon any claim or demand. whether 1t
be note. account. bond, order. draft. accept
ance or other security or evidence whatev-
( er. made. had. or given in whole or in part.
/ for any wine, brandy. rum or other strong
or splrltuous liquors, or mixed liquors a
{ part of which Is spirituous, sold IN viola
/ tion of the provisions of this act provid-
ed however, that this section shall not ex-
/ teud to negotiable paper in the hands of
holders bona fde. and for a valuable con
sideration, without notice expressed or i'm
piled, of the illegality of the consideration
/ SEC. III. If any payment or compen-
satlon for any liquor hereafter sold, in Vi
oiation of law shall be received by the sell
I Ter, his clerk, servant, agent or attorney.
whether in money labor, or other proper
ty, real or personal, the amount so receiv-
ed, shall be held aud considered to have
been received in violation of law and with
out consideration, aud held against law
and equity and good conscience, and may
be recovered back, any time within six
years from the receiving thereof, by the
purchaser, his guardian, executors or ad-
mlnlstrators, or by anv of his creditors.
such money in an action for money had
dud receIVeu, anu suUu UUT. gUUus 6T Utu-
er property in an action of trover, or in 2
special action on the case for the value
| thereof in any court proper to try the
same and the plaintiff in such action
shall within three days after the com
mencement of such suit, give notice there
of. by filing an abstract Of the declaration.
with the date of his writ, in the Office of
the clerk of the town where the defendant
resides And when such suit shall be
commenced by creditor, the purchaser
may be witness for the plaintiff, at the
trial of the action, and such actions and
cause of action shall survive
SEC. II All payment received within
the six years, may be embraced in one gen
eral count. and shall allege that the mon
ey, or other thing was received By the de
fendant, for liquor sold in violation of law
and amendments may be made to the writ
and declaration, as matter of right, aud
without terms III any stage of the proceed
ings. And when the defendant shall reply
upon having had the legal license. or upon
the liquor sold having been imported. the
burden of proof shall be and continue up
on him. The custom house certificates Of
importation and proofs of marks on the
cask corresponding thereto, may be receiv-
ed as evidence that the liquor specified in
said certificate was once imported In said
cask but shall not be evidence that the IL
quor sold In or from such cask. was the
same liquor once imported therein. And
it shall be no objection 70 the suit that
the payment was received for the joint use
Of the defendant and any other person or
persons, or that the defendant was under
the age Of twenty-one years, or 4 married
woman.
SEC. Is When the money or other
thing shall have been received BY any
clerk. servant, agent or attorney. the &C
ton may be maintained against him, if he
had knowledge or previous notice that it
was for liquor sold in violation Of law
And if any action which is authorized By
this act, be brought in the district court,
and the plaintiff prevail therein, full costs
shall be allowed, though the amount of
damages recovered be less than twenty
doilars
SEC IA The defendant shall not be
allowed, on the trial of any action against
him under any Of the provisions of this
ac;. any claims or demands he may have
against the plaintiff or person to whom the
liquor was sold or furnished, either in set
of. payment or otherwise nor shall the
action of any creditor be defeated by any
assignment Of the claim By the purchaser
/ SEC. Is. No discharge, release, receipt,
settlement or admission made By a pur.
chaser. shall defeat or hinder the suit if
/ it appear that the claim allowed to tie
purchaser by this act has not been aOtu-
ally paid in good faith, TO its full value and
amount; and TIE giving negotiable note
or other obligation, shall not be deemed .
payment.
SEC. 10 Any plaintiff suing under the
eleventh section Of this act, may, at the
trial. tender bis oath in writing, which
shall be received as evidence. unless the
defendant shall in writing, make oath that
/ he did not, within ak years before the
/ commencement of the suit, receive any
payment or compensation, for any such
wine or strong liquor sold to the plaintiff,
or to auy person whom tic plaintiff req