Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-04-11
Published March 10, 1881
nHApTER I7a-GRRRnII

Published March 10, 1881
CHAPTER 17s--GESEBAL.
AN ACT TO revise and amend chapter fifty Of the
revised statutes, entitled 'of hawkers and ped
dlers."
The people of the state of Wisconsin, represented In
senate and assembly, do enact as follows
Section l. No person shall be allowed to travel from
place 10 place within this state for the purpose Of
OF merchandise, for the purpose of selling offer
ing to sell any patent right territory for the sale
or manufacture of patent rights articles unless he
shall have obtained alicense as hawker or peddler
in the manner hereinafter provided.
Sec 2. Every person desiring to obtain license as
a hswker peddler, shall apply 10 thesecrstsry Of
state through the treasury agent and shall deliver to
him note In writing, signed by such applicant or
his authorized agent and stating In what manner the
apple intends TO travel and trade solicit trsde
whether foot, or with more horses or other
beasts Of burden, or by railroad, or in any
ner for the purpose Of soliciting trade by sample or
otherwise.
Sec 8. Every such applicant, before he shall be
entitled to such license, shall pay Into the state
treasury the following duties: II he intends to travel
on foot the of five dollars If he intends to travel
and carry his goods with single horse other beast
carrying OF drawing burden, the sum Of fifteen dol
lars; II he Intends TO travel with any vehicle
rage draw by two horses or other animals, the
az forty dollars and IL he intends travel with
than two horses, other animals drawing any sort Of
carriage, the Of fifty dollars; II he intends to
railroad, Steamboat any Obhef PUBIC con-
veyance the sum Of fifty dollars and II he intends TO
tayel in any manner, for the purpose OF taking or
liciting orders for goods, wares merchandise by
ample, lists catalogues or otherwise the sum OF twen
ty-fve dollars.
Sec 4. All persons selling or offering for sale,
patent rights, or territory for the SALE
facture of patent rights articles not included 10 sec
tiop one OF this chapter, shall procure license
patent right dealer, in the same manner her inbe
fore provided for hawkers and peddlers And every
such applicant before he shall be entitled to such H.
hall fasV
duties If he shall have any interest in, offer for
sale the whole any part Of the state greater than
one half the sum OF twenty dollars; and II he
All have any such interest in offer for sae ter
rtoy equ TO one half the state or less, the sum Of
ten dollars
upon the payment of his fees to grant to every such
ami icant upon the delivery Of the notice above
oured and the receipts Of the state treasurer showing
the payment Of the proper duties into the
rv license under his seal of Office, and signed by
himself authorizing such applicants TO travel and
trade or solicit trade within this state, as hawker
and pedder Ia the manner stated IN the notice, for
The term of one year from the date of the license: pro-
Ued AOosUeT that IL 1t shall appear that il the sp
plicant Is 20 prosecute business hereunder only
for portion of year, said license may be issued for
such portion Of the year, but for not less than six
Sac. s. Every person who shall be found travelling
and trading, soliciting trade, or selling or Offering
TO sell patent rights territory for the sale,
manufacture Of patent rights articles within this
state, contrary TO the provisions OF this chapter, or
contrary tothe terms Of any license that may have
been granted to him as hawker peddler patent
eht deaeg shall for such ofense forfeit the sum Of
Sec 4 Any Justice of the peace upon complaint be
ing made shall give his warrant for the apprehension
OF any person who shall be found trading soliciting
trade as a hawkeT or pedder or patent right dealer
thout license or contrary 10 the terms Of his license,
10 violation Of the provisions of this chapter.
Sec g. ID shall BE- the duty Of such jus ice, IL sui
Gent license to autho ize such business be not pro-
duced him. and the fact of such trading or business
a. aiFh hxrf hp mi of he nor
son 40 apprehended, or the oath Of competent wit
pesses 10 convict the offender Of such of nse agai
this chapter, shall be so confessed or proven, and
to issue his warrant on such conviction directed to
ONE constable or policeman of the county in which
the conviction shall be had commanding such cons
bic pc iceman to cause the sum OF twenty-five dol
lars with costs not to exceed five dollars TO be forth
with levied by distress and sale at publ vendue, Of
the goods, wares and merchandise Of the offender.
Sec. y. In every case of prosecution against any
person for the recovery OF any penalty given in this
chapter no costs shall be allowed to the defendant If
IL shall appear that before the commencement Of the
prosecution such defendant had refused to produce
his license when lawfully required, in such
shall the defendant be entitled to maintain any action
against the person prosecuting him, the constable
other persons by whom he may have been apprehe ided
or the Justice issuing any warrant or other process
against him or before whom he may have been tried
for any of their acts in 50 prosecuting apprehendng
or trying him
of any penalty imposed by the provisions OF this chap
ter shall be maintained unless 1t shall appear that the
same brought within enc year after the commits ION
Of the 0nense charged.
sec III This chapter shall not authorize the sale of
or the travelling for the purpose OF Carrying to sell any
immoral or obscene book, paper or pamphlet
Sec H. Nothing contained in this chapter shall be
construed so as TO prevent any manufacturer, me-
chanic nurseryman, residing In this state from sell
ing his own work production, manufactured or
grown In this tate, by sample otherwise without
license; shall any patent right dealer who Is cit
izsn of this state be required TO take out license
sell his own invention; shall any wholesale
chant have having regular place of bus In this
state, be reverted by anything herein contained,
from selling by sample without license; but mer
chant shall be allo we'd to pedde TO employ others
to peddls 90 ds not his own manufacture, wi bout the
license in this chapter provided shall any person
travelling on foot by railroad, canvassng for or
selling books, pamphlets papers maps, be required
70 take out license in this chapter provided.
Sec 49, IL shall be the duty of the treasury age 3,
as provided in chapter lie OF the general laws of 1867
to superntend and enforce the provisions Of this chap
ter and such treasury agent his assistant shall,
when there is reasonable ground TO suppose that such
license required by law OF this state to
be paid into the state easury may become otherwise
uncollectsble seize and detain any vehicle, any
animals attached thereto any Of the gOods,
or merchandise conveyed by such vehicle, until the
process provided in section and of this chapter
NAV be issued and served but the said agent shall
eroise due diligence in occurring such process 70 be
issued and served. =. -
ret nv of state under the provisions OF this chapter,
nsli he eyemnt from any further license from towns,
Villages or cities in this State during the continuance
~ ohapter so of the revised statutes and all
acts or parts of acts Win the PROVISIONS oil
this act are hereby repealed. 4
sec 16. This act shall lake effect aud be In force
from and after Its passage and publication.
Approved March 8, 1868.