The Superior times. [volume] (Superior, Wis.) 1870-1912, 1872-05-04
Published March %, 1872. I


AN ACT to provide against the evils rasr,.
nun Tue saie OIL intoxicating liquors. lug
Inc people OF the state of Wisconsin reornso,.,
IN senate and assembly, do enact as follows.
Section 1. 1t shall be unlawful for any ~
or persons, by agent or otherwise without bo-sSol
nrst obtained license therefor, as Low raaT;.u5
by law, to sell, in any quantity, intoxicatirr ~
quors: pF0tjded, that no person shall he graaD.n IL
license 10 sell or give away Intoxicating Lane
without utsl giving bond in addition To Tie borl
now required by lay, to the municipality o. Oa a
t1oTlty authorized by law TO grant such lioa-a-'
running 10 the state of Wisconsin in Tho use,
sum OF two thousand dollars with at leastF va
good al suihclent sureties, 10 be approved bg ~
authorities granting the license who shall ha'r.-S
hoIaers ana residents of the county in which ala
license Is granted who shall several- iustifvr1-I
the oond tnelr responsibility for said sum oyo.
and above all liabilities and exemDtions coSts
TONED Tor the payment Of all damages to anyns-
son or persons which may be Inflicted upon orr
Tered by them either in person or propertv .,
means OF support, by reason of so obisinjbg
license, seIlng or giving away intoxicating
quors, or dealing therein; ard ouch bond ma; -
sued or recovered upon 70. the use of any DgTscr
or persons, or leir legal representatives Who
may be injured by reason of the ceiling or giyirD
away OF intoxicating liquors by the person or Ss
agent so obtaining the license
Sec. 2. 1t shall be unlawful for any person a,
persons, oy agent or otherwise,to sell intoxicating
liquors TO minors unless upon the written order Il
their parents or gGaIlan or to persons IN, oxicot
ed, or who are nabItQal druuEards
Sec .. All places where intoxicating louo-s
and declared TO be common nuisances and OH
rooms, taverns, bszaars, saloons, Restaurants gro.
ceries dug stores, coffee houses cellars and oIher
places OF puD!lc resort where Intoxicating liQuOr
are sold In violation Of law, shall be shut up ard
abated as public nuisances upon conviction of the
keeper Thereon, who shall be punished as hereinaf
ter provided.
Sec. t. 1t shall be unlawful within this state fo-
sny person TO become Intoxicated, ard any refso1
lound In state or condition of intoxicatiOn shall
on conviction thereof, be punished therefor by ne
ing held in custody by order of the court hef-ra
which such person may be so convic ed ur pv i'm
pfisohment IN tn county jail, not less than one
day, nor more than sixty days, and may, IN addi-
ton thereto IN the Gscrei ion of the court, be re-
CURED to pay the costs Of prosecution, and NAV be
retained IN jail or i'll custody until such costs are
fully paid.
Sec. 5. Every person who shall by the sale Or
giving away of Intoxicating liquors with or with.
out license, CSUse the intoxIcation of any 9th
person, sail be liable for and compelled 10 pay
iedeoHdDle compensation 10 any city, town or VII.
Iage, or 10 any person who may take charge Of and
provide Tor su n intoxicated person, and Two dol.
lars per day N adCiion thereto for every day such
intoxicated person shall be kept, in Consequence
OF such InfoXlcatlon, which sum may be recovered
before any court having competent Jurisdiction
Sec .. Every husband, wife, child, parent
gCardlPn, employer 0r other person who shall be
injured In person or property, or means of SIM.
port by any intoxicated person, in cor seq1enje
OF the intoxlcatloE Of any person, shall have q
rlght OF action in his or her own name, severalIv
or Jointly, against any person or persons VINO
shall, ty selling or giving away intoxicating Ii.
quore. have caused tie intoxicati0n, in whole or
IN part, OF spCh person persors and any ne rso2
wGo hall have caused such intoXication as aiore-
SAID, shall be liable for al damages sustained and
Ter exemplary damages, and a married woman
snail nave the same right to bring suits aud TO
control the sane as a feme sole, and all damages
recovered by minor under this act, shall be Laid
either TO sue minor or to his or her parent guar
dian or next r. end Gs tie court shall direct and
the unlawful sale giving away of Intoxicating
liquors shall work for fixture Of all rights OF the
lessee or tenant under any lease contract OF rent
upon premises when such unlawful sale or giving
away shall take place, and all suits for damages
under this act Llay he by any appropriate action in
any OF the cO1rs Of this state hayiIg competen,
jurisdiction.
Sec. For every violation OF the provisions Of
the first anc second sections of this act every per
sun so offending shall forfeit and pay fine of nor
less than twenty nor more than enc hundred dol
lars, ana be imprisoned in the Jail of the county
not less than ten nor more than thirty days ard
pay the costs OF prosecutions and for every viola.
ton Of the provisions Of the third section of this
act every person convicted as the keeper of any OF
the places therein declared 10 be nuisances shall
forfeit and pay fine Of not less than f nor moe
Than one hundred do lars, and be imprisoned in
the jail OF the county for noI less than twenty nor
more than fifty days and pay the costs of the pros
ecutlon. and such place or places so KEEP. by such
person or persons so Convicted shall be shut up
and a1ated upon the order of the court before
whom such conviction may be had, until such
time as such person orpersons keeping such places
shall give bonds and security, TO be approved BY
said court, in the penal sum Of one thousand dol
lars, payable to the state of Wisconsin, condition
al that he she they will not sell intoxicating
liquors contrary to the laws Oh this state and VII!
pay all fines, costs and damages assessed against
such keeper or keepers for any violation thereof
and in case of forfeiture OF such bond, suit uav
be brought thereon for the use OF any person in
terested, or for the OF the county, in case Of
fine or costs due such county.
Sec. s. The giving away OF Intoxicating liquors,
or other shift or device 10 evade the provisions OF
this act, shall be deemed and held 10 be a. unlaW-
ful selling within the provisions of this act
Sec. 8. All fines and penalties for the violation
OF any OF the provisions OF this act may be enlorC
ed and recovered tefoTe sny court of competent
jurisdiction, by civil action. by complaint, indict-
ment or information, and for that purpose and
FOR the punishment of all Cffenses under the pro.
visions OF tlis act justices of the peace in their
diction with the circuit court, and in ali pr0secu-
tons under this act by complaint, Indictment IN
formation or otherF.se, il shall not be necessary
to state the kind of liquors sold or given awaynor
shall 1t be necessary TO state the name CT the per!
son 10 whom the same was sold or given, and in
all cases the person persons bringing the action
and all persons TO whom Intoxicating LIQUORS shall
be sold IN violation of this act whether il be the
husband or wife of The plaintiff or party bringing
the action, shall be mpetent witnesses TO prove
all any of the issues in the action or proceed
ing and 10 person shall be deemed disqualified as
a witness uader any proceeding under This act by
reason of marital relation &c any party or person
inter ested.
Sec. 10. Nothing in this act shall be construed
as repeating any of the provisions of the excise
law OF this state, now in force, OF the law pro-
hlblting the sae of intoxicating liquors to minors
Sec. Ii. This act shall take effect and be in force
Approved March %, 1872. lY-COPY