Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-10-09

Sesoih9 iiiuois Slldll De constructed TO mean
and shall include the act or acts of selling,
barterng, exchanging, furnishing to another
or giving away, and of knowingly permit
ting "to be taken' from the possession o.
the accused all and every the liquors men
toned in the first section of this act.
In cases prosecuted under this section it
shall IN no case be necessary to prove the
particular person to whom the accused "did
furnish Intoxicating liquor as aforesaid.
Sec 5. Every person who shall be con
vieted three or more times for violating any
one or more of the provisions Of the first
section Of this act, is hereby declared to be
a common disposer of Intoxicating liquors
and all liquors mentioned in the first sec
| ton of this act which the person so three
or more times convinced shall then own OF
have is his or her possession, or under his
or her control, and the building, house, room,
enclosure, or place where such liquor is
kept or deposited, are hereby declared com
mon nulsances, and each common nlli-
sance; and such nuisance and nuisances
may be abated by any person or persons
by destruction Of such liquors; and it is
hereby made the duty Of every constable
and every sheriff to abate without delay
all such nuisapces, and every of them, in
the manner aforesaid, and for that purpose
may command the power Of the county to
aid him in so doing. Every constable and
every sheriff who shall knowingly neglect
OR who shall wilfully refuse to perform the
duty by this section imposed, shall forfeit
for every such neglect or refusal the sum Of
enc hundred dollars, to be recovered by
action of debt in any court of competent
Ijurisdiction,in the name of any person who
| will prosecute therefor.
Sec. 6. The board of supervisors of ev-
cry town, the trustees Of every Incorporated
village, and the common council Of every
t city in this State may sell, barter, exchange,
furnish, and manufacture spirituous or in
toxicating liquors in their respective towns,
villages, and cities, for surgical, medical,
chemical and mechanical purposes,and for
no other, by an agent, in the manner herein
after provided; which shall not be deemed
to have beendone by person within the
meaning OF tIllS act.
Sec. 7. 1t shall be the duty of every
such board of supervisors, trustees, or com
mon council to designate and appoint one
suitable person, and no more, to be their
agent to sell, furnish and manufacture spir-
ituous. or intoxicatingsslquors in, forand on &C
count Of said n,village, Or city, for which
he is appointed, and not elsewhere, for sur
gical, medical, chemical, and mechanical
purposes, and for no other: Provided, a
suitable person apples for and will take
said agency and comply with all Of the
provisions Of this act, and perform the SER
vices required of him as such agent for a
compensation to be agreed upon by him
and the board from whom he seeks the ap-
pointment, which shall be fixed and def
mite sum,and not in the nature of percen-
tage, and who will furnish all of the neces-
Isary funds to commence and carry on said
business, or SO much or such part thereof
as he proposes to commence and prosecute
but said town, village, or city shall in no
case furnish funds or material for said pur-
pose; nor shall they have power to con-
tract any debt Or liability in relation there
to, by themselves or their said agent, ex-
cept to pay him for his services out Of the
net proceeds of said business, which he
shall actually pay to them during his agen-
cy. Said board shall in no case fix, or in
sist a small remuneration for the service Of
said agent for the purpose of avoiding ap-
pointing one. .sr
Sec s. Before any such appointment
shall be made the person applying therefor
shall execute to the Treasurer of the town,
village, Or city, where the application is
made, bond in the penal sum of one thou
sand dollars, with two sufficient, sureties,
residents Of the said town, village, or city.
who shall swear that they are each worth
the amount Of the penalty of the bond O.
Yer and above all debts, and property ex-
empt by law from forced sale on execution;
conditioned for the faithful performance Of
all duties imposed on him BY virtue of this
act during the continuance of his agency
and for the payment to the said board ao
the net proceeds of said business, wheney-
er and as often as required by them; and
shall take and subscribe an oath tosuppor
the Constitution of the United States anc
4 the Constitution Of The State Of Wisconsin
and to Faithfully keep and observe all OF
the provisions of this act required by him
to be kept and performed; which bond ane
oath shall be fled and preserved by the
board appointing him.
Sec. 8. Such agency may be revoked
at any time by the board creating it; anG
if at any time there shall be good reason
to believe that any of the provisions of this
act have been violated by said agent, il
shall be their duty to revoke his authority
Immediately; and in that case it shall alsc
be then duty to take possession Of all sale
liquors which the agent may have at the
time of such revocation, and hold them for
the use Of the town, village, or city, as the
case may be, in which event the agent shall
have no lien or claim upon said liquors, but
shall deliver them up ON claim of the board
appointing him.
Sec. 10. Every agent appointed as be-
fore provided shall keep book in which
he shall record legibly the names of all
persons to whom he sells or in any way fur
Enishes spirituous or intoxicating liquors, the
time when sold or furnished, the quantity,
kind and price; which book shall be open