Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1874-03-25
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OIL Z Or in any way deal
| or pose of evading this
char lous, ardent or intoxi-
catin, inks, IN any quantity
| Whatst NOR, having good reason
to belle IN, or to person intoxi-
| Gated Or state of intoxication or to
anv other person, before mentioned
shall he deem # a misdemeanor, nor shall
anv nerson sell ny way deal or traffic in or
for fine nrrnose o. ding this chapter, give away
any sDirituOus ardt IT. Intoxicating or malt liquors
or drinks in any o11antity whatsoever, within one
mile of the Wisconsin Hospital for the Insane and
any person who shall SO sell0r give away any such
liquors or drinks, shall be deemed gullty oi mis-
demeanor. g.
Section IA. Upon any complaint maze III "r:1tng
under OATH by any responsible person. RESIDENT
of the town. village or ward in which any Hcensed
person NAV keep his shop, grocery, saloon or place
for the sale of any liquors or drinks undel the ro
visions of this chapter, and upon the fling Vi tne
with the clerk OF the town. city or vlag,
| ting forth therein that any such licensed person
keeps or maintains disorderly, riotous 1nde-
| cent or improper house; or that he suffers,
| allows or permits gambling in his house with
cards dice or any devise or implements, or in any
manner whatever, that he has sold or gwen away
| any Intoxicating liquors to minors, having good
reason to believe them to be such without the writ
ten order of their parents guardians or to per-
sons intoxicated, bordering ON state OF 1ntox1-
cation or known to be habitual drunkards, the
board of superyisors or the board OF aldermen, or
| the board of trustees las the may beg shall
issue their summons under the hand of their clerk
directed to any constable of the town, city or Will
|
| be and appear before such board, on certain day
to be therein named, which day shall not be less
than three nor than ten days from the date OF
said citation to show why his Incense Snail not
| be Immediately revoked and cancelled.
Section Is. If such person shall not appear, as
required by the summons mentioned in the fore
| going section, to show cause in answer to such
| complaint, the board issuing the same shall take
such complaint and the charges therein made to
be true, and if they shall deem the allegations con-
tanned in said complaint to be sufficient, they shall
| license
granted to be wholly revoked and annulled, which
action of the board shall be entered by their clerk
on the books journal of the board, and they shall
proper notice to be given to the person whose
! license shall be revoked: but if such person
shall appear, he shall be allowed traverse and
DENY the matters charged in such complaint, and
upon such issue made, each party shall be allowed
| to produce witnesses i'll other cases, and to be
heard by counsel. If upon such hearing the board
shall find the complaint to be true, they shall i'm
mediately revoke the license heretofore granted to
the accused party; but if they shall find the same
not to be true, after proofs adduced they sna aus
charge the person complained of free OF costs, and
| the costs shall be paid by the person making such
complaint, if malicious and without probable cause
for the payment of which costs, said board may
take good and sufficient security of complainant be-
fore issuing their summons aforesaid: Provided,
that in no case where such license shall be revoked
and taken away from any person shall 1T be lawful
for such board to grant another license to the same
person within the time of twelve months from the
date of such revocation; and provided, further,
that no part of the money paid by such person for
the license so revoked shall be refunded to him.
Section 16. Any person or persons, who shall be
injured in person, property or means OF supporl by
or in consequence of the intOXicaton of any minor
or habitual drunkard, shall have right of action
severally jointly in his, her or their name against
any person persons who have been notified or re-
quested in writing by the authorities designated III
section 10 of this act, the husband, wife, parents,
relations, guardians persons having the care or
custody of such minor habitual drunkard, not to
part with liquor other Intoxicating drinks to
them and who, Notwithstanding such notice and
quest, shall knowingly sell give away intoxi-
eating liquors, thereby causing the ntoxicaton OF
such minor drunkard, and shall be liable for all
damages resulting therefrom. married woman
shall have the right to bring suit and to con-
troll the same as feme sole, and all damages re-
covered by a minor under this act shall be paid
either to such minor to his her parents,
guardians or next friend, the court shall direct,
and all suits for damages may be by any appropriate
action in any of the courts of this state, having
competent jurisdiction.
Section II. Any person found in upon any
public street or highway or other public place, in
such state of intoxicaton as to disturb Others
unable by of his her condition. to for
his or her safety, the safety of others, shall
on conviction thereof, be punished by fine not
ceeding ten dollars and the costs of the prosecution
or by imprisonment in the county Jail for period
not exceeding five days, or by both such fine and
imprisonment: Provided, however, that the pro-
visions of this section shall not abridge the power
of incorporated cities and villages to provide for
different mode of punishment in such cases, if
deemed expedient.
Section is All moneys derived from licenses
granted under the provisions of this chapter shall
be kept separate and distinct from other moneys, by
the town. city or village treasurer, and the same
shall be applied solely for the purpose Of defraying
the pauper expenses of such town, city village,
unless the amount received shall exceed the sum
qured for such object; in which the
mainder shall be placed in the general reasury of
the city, town village, and appropriated in the
| same manner other moneys, and in counties
where the county system Of supporting paupers has
been adopted, all moneys derived from licenses
shall be paid by the treasurers of said towns cities
or villages into the treasury of the county sem-an-
nually, and shall be applied solely for the purpose
OF defray1ng the pauper expenses OF said counties
Section 49, All places where intoxicating liquors
sold in violation of law shall be taken, held and
declared to be common nulsances, and all rooms
taverns, bazaars, saloons, restaurants groceries,
drug Stores coffee houses, cellars and other places
Of public resort, where Intoxicating liquors sold
in violation of law, shall be shut up and abated
public nulsances, upon the conviction OF the keeper
thereof
Section 20. The giving away of intoxicating
liquors, other shift device, to evade the pro-
visions of this act, shall be deemed and held to be
an unlawful selling within the provisions of this
act. II 2 E@.
Section 81 In all cases not above specially pro-
vided for, any person persons convicted Of any
misdeneanor under the provisions Of this act shall
be punished, for each and every offense, by fine
not less than ten, nor more than fifty dollars and
costs of suit, and in default of payment thereof,
shall be imprisoned in the county jail of the proper
county, not exceeding thirty days. unless he or she
shall be sooner discharged therefrom by the pay
ment of the aforesaid fine and all costs occasoned
by his or her prosecution and Imprisonment.
| SeCGlOu ~. Chapter 90 OI tuo TeFlSou Stdtutcs
entitled, of excise" and the several acts amenda-
tory thereof; chapter 127, laws of 1872 entitled IAN
act to provide against the evils resulting from the
sale of Intoxicating liquors" and chapter $50, laws
of 1873, amending the same, and any laws conflict
ing with the provisions of this act hereby
pealed Nothing in this act contained shall be
construed repeating or in any manner interfering
with any Of the provisions of chapter lis of the
general laws of 1852 chapter 278 of the general
laws of 1861, but the said chapters shall remain in
full force and effect.
Section o. The provisions of this law shall apply
to the whole state and every part thereof Pro-
vided, however, that the board of supervisors COM
mon council or village board of trustees may
provide by ordinance or resolution for disposing of
| the license money, in different mode from that
herenbefore stated if they should deem proper so
to do; and provided, further, that sections and
of this act, far they fix the term for which any
license shall be granted shall not in any way inter
fere with change the provisions of any city or
village charter in that behalf nor shall any of the
provisions of this act in any way interfere with
change the jurisdiction of any municipal or police
court in any incorporated city or village in this
| state. ..
Section o. This act shall take effect and be in
| force from and after its passage and publication.
| Approved March 8, 1874.