Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1854-02-02

oath or affirmation, and to examine him for the
purpose of ascertalning whether any offence has
been committed against the provisions of this act
II such person shall refuse to be sworn affirmed
or to answer any questions pertinent to such ex.
animation, he shall be committed to the common
jail there to remain until he shall consent TO BE-
sworn or affirmed, or to answer. If upon any
such examination it shall appear that any such
offence has been committed within the jurisdiction
of such magistrate it shall be his duty to issue a
warrant for the arrest of the offender and the search
of his premises, herenbefore provided If i,
shall appear that any such offence has been com
mited at any place beyond the jurisdiction of such
magistrate, it shall be his duty to reduce such ex
animation TO writing, and to certify and send the
same, by any officer, to any magistrate having u
risdlction OF the offence charged, who shall there
upon proceed In relation 20 such complaint in the
same manneI as If the same had been made before
him.
SEC To- All payments, contracts, &c, &c, for
or relative to liquor sold illegally to be void
and no suits to be entertained for liquors.
SEC. II. No action shall be maintained upon
any claim or demand, whatever, for any wine.
brandy rum or other strong and sprituous liquors
or mixed liquors, part of which is spirituous,
sold in violation of the provisions of this act ;
Provided however, that this section shall not ex-
tend TO negotiable paper in the hands of innocent
holders.
SEC. Is. Money or other compensation paid
for liquors may be recovered back any time with
in six years from the receiving thereof by the
purchaser, his guardian, executors or administra-
tors, or by any of his creditors.
SEC. 10. When the defendant shall rely upon
having the legal privilege upon the liquor sold
having been imported, the burthen of proof shall
be and continue upon him. The custom house
certificates of importation and proof of marks on
the casks corresponding thereto, may be received
as evidence that the liquors specified in said GER
thcates was once imported in said cask, but shall
not be evidence that the liquor sold in from
such cask was the same liquor once imported
therein.
SEC. 20. When the money or other thing shall
have been received by any clerk, servant, agent
or attorney, the action may be maintained against
him if he had knowledge or previous notice that
it was for liquor sold in violation of law.
SEC. 81. The defendant shall not be allowed
on the trial of any action against him under any
of the provisions of this act, any claims demands
he may have against the plaintiff person to
whom the liquor was sold or furnished either in
setof, payment or otherwise nor shall the action
of any creator be defeated by any assignment of
the claims by the purchaser.
SEC. %. No discharge, release receipt, settle
ment or admission made by purchaser. shall de-
feat or hinder the suit, if ii appear that the claim
allowed to the purchaser by this act has not been
actually paid in good faith TO its full value and
amount; and the giving negotiable note other
obligation shall not be deemed payment.
SEC. %. Any plaintiff sueing under section Is
of this act may at the trial tender his oath in writ
ing, which shall be received evidence, unless
the defendant shall in writing make oath that he
did not, within six years before the commence
ment of the suit, receive any payment or compen-
saon for any such intoxicating liquor sold to the
plaintiff or TO any person whom the plaintiff rep
resents, contrary to the provisions of the law,
alleged in the declaration.
SEC "a. A plaintiff may have the defendant
sworn witness.
SEC. rs. No answer or disclosure made by
defendant under the provisions of this act shall
ever be used against him in airy formal action or
criminal prosecution.
Sec. 26. Moneys which are by this act to be
recovered back may when recovered by guardian,
executor or administrator, be applied at the dis
cretlon OF the guardian, executor administrator
in whole in part, to meet the debts of the pur-
chaser, or to relieve his wife, or widow and chill
dren, and parents, in such proportion the guar
dian, executors, administrators may deem it
suitable, and when recovered by a CREDITOR it shall
be appropriated TO the payment of his debts against
the purchaser, and his costs; and if balance
naming it shall be paid to the purchaser, his
guardian, executor, or administrator to be appro-
priated by them in the same manner moneys
recovered under this act by them. And if any
SudIuIdD, executor OF neglect 10
pay all satd moneys, he and his sureties shall be
liable for the same on his official bond.
SEC. 81. Executions on judgments to run
against the body. dsAH
SEC % If such defendant or defendanAoeAA4l
be arrested on such execution he the III
committed to the common Jail of the proper epoa-]
ty, and shall not be permitted to give bond
Provided, however, that person shall b inn
prisoned or more than warrant issued upon
any judgment recovered on account of the viola
ton of the provisions of this act, at the same
time.
SEC 90 All provisions Of this act relating to
towns shall be applicable to cities villages, and
those relating 20 chairman of the board of super
visors shall be applicable to mayor and aldermen
of cities and presidents of villages.
SEC. 30 All acts parts of acts inconsistent
with this act are hereby repealed.
Sec. 81. A vote to be taken in November
1854.
Sec. 80. Separate boxes in which to deposit
the ballots herein provided to be cast
SEC 33. If upon such canvass it shall be found
that there is majority of votes cast for "Pro-
hibitory Liquor Law, Yes" the legislature shall
at its first session thereafter enact a law in all
particulars similar to this act except SO much
thereof refers to its submission to the votes of
the people; and said act shall take effect from
and after its passage.
For the Tribune.