Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1874-03-25

Section 2. If any insurance company, association
or corporation organized under any laws, other
than those of the State of Wisconsin,. shall violate
any of the provisions of this act their license to do
business in this state shall be forfeited: Provided
that such forfeiture shall take place, for any VIC
lations of the provisions of this act, within sixty
| days after this act shall go in effect EA #
Section g. This act shall take effect and be in full
| force from and after its passage and publication.
Approved February g. 1874.
| Published March 10, 1874.
| CHAPTER 49, %
AN ACT to consolidate and codify the various laws
of our state relating to excise and sale of intoxi
| eating liquors.
The people Of the State of Wisconsin, represented
in senate and assembly, do enact as follows
| Section l. The board of supervisors of the sew
eral towns, and the aldermen of any incorporated
city, and the board of trustees OF any incorporated
| village within this state may, at any regular
special meeting of the board, grant license to as
many persons as they may deem proper to keep
| groceries, saloons, shops or places of any name
whatever within the limits of their respective
towns, cities or villages, for the sale of strong spir
| ituous, malt, ardent intoxicating liquors to be
drank on the premises in quantity less than one
gallon The sum to be paid for such license by the
person applying therefor shall not be less than
| twenty-five more than one hundred and fifty
dollars at the discretion OF the board granting such
license and the license SO granted shall remain and
be in force for the residue of the term of Office of
the board which shall grant such license, unless
sooner revoked by the board granting such license.
| Section 2. The board of supervisors, board of
| aldermen, or board Of trustees may also grant
licenses to many persons as they may deem
proper within the limits of their respective towns,
cities villages to sell strong, sprituous, ardent,
| malt Intoxicating drinks or liquors not to be
drank within their houses or on their premises.
The sum to be paid for such license for Wholesale
| ing spirituous Intoxicating liquors drink by
the person applying therefor, shall not be less than
ten more than forty dollars at the discretion of
the board granting such license and such license
shall be in force for the residue of the term of Of
flee of the board which shall grant such license,
less revoked by the board granting the same.
Section 3. The said license shall be sealed and
attested by the town clerk, the clerk of the board
of aldermen, the clerk of the board of trustees
GAS the may be) granting the same but it shall
in case be issued to the applicant until such APP
picant shall produce to the said clerk proper evil
dence by receipt otherwise that he has paid into
the town, city or village treasury the sum of money
herenbefore fixed and required to be paid therefor.
Section 4. No license shall be granted under the
provisions of this chapter until the person applying
therefor shall have produced and filed with the said
town, city or village clerk, bond running to the
State of Wisconsin in the penal sum of five hundred
dollars, with at least two good and sufficient sure
ties, to be approved by the authorities granting the
license, who shall be freeholders and residents of
the county in which said license is granted, and
who shall severay justify upon the bond their re-
sponsbiity for such sum over and above all abili-
ties and exemptions, conditioned that such appli-
cant will, during the continuance of his license,
keep and maintain an orderly and well regulated
house; that he will permit no gambling with cards,
dice or any device implement for that purpose
within grocery, saloon, shop building, OF any
name whatsoever, kept by him or within any out
house, yard or shed appertaning to the same; that
he will not sell or give away any Intoxicating liquor
to minors, having good reason to believe them to be
such, unless upon the written order of the parents
or guardians, to persons intoxicated, border
ing state of intoxcation, known to be habit
ual drunkards; and that he will pay all damages
which may be recovered by any person pursuant to
the provisions of section 16 of this chapter, and
that he will observe and obey all requirements OF
the board of supervisors or board of aldermen OF
board of trustees or any member thereof, made in
pursuance of law. In of breach of any of the
conditions of said bond, action thereon may be
brought in the name of the State of Wisconsin and
Judgment shall be entered against the principal
and sureties therein named for the full penalty
thereof, and execution may issue thereupon by
order of the court therefor to satisfy any Judgment
which may have been recovered against the princi
pal named in said bond by reason of any breach in
the conditions thereof or for any penalties or for
FIXTURES incurred under this act If more than one
judgment shall have been recovered the court in its
discretion may apply the proceeds of said bond to-
wards the satisfaction of said several juu ants, i'll
whole or in part, in such manner as it may see fit.
Section 5. If any person shall vend, sell, deal OF
traffic in, for the purpose of evadng this chapter
give away any spirituous, ardent or Intoxicating
liquors drinks in any quantity whatever, with
out first having obtained license therefor, according
to the provisions of this chapter he shall be deemed
guilty of misdemeanor, and on conviction thereof
shall be punished therefor by fine of not less than
ten more than forty dollars, besides the cost of
suit or i'll lieu of such fine, by imprisonment in
the county Jail of the proper county, not to exceed
sixty days, less than twenty coy days; and in
case of punishment by fine as above provided such
person SHALL unless the fine and costs be paid forth
with, be committed to the county jail of the proper
county until such fine and all costs paid, or
until discharged by due course Of law; and in case
of second or any subsequent conviction of the
same person during any one year. the punishment
may be by both fine and imprisonment, in the dis
erection of the court.
Section 6. Justices of the peace shall have power
to hold court to hear, try and determine all Of
lenses against or growing out of the provisions of
this chapter, and arising within their respective
counties: Provided, that the accused party shall
not be deprived of jury trial, nor OF his right of
appeal, as in any other cases of tort.
Section Z. Upon complaint made to any justice
of the peace by any person., that he knows, or has
chapter or any violation thereof, has been COM
mitted, he shall examine the complainant upon
oath, and he shall reduce such complaint to writing,
and cause the same to be subscribed by the person
complaining. And if it shall appear to such justice
that there is reasonable to believe that such
offense has been committed, he shall Immediately
issue his warrant, recitng therein the substance of
such complaint, and requiring the officer to whom
such warrant shall be directed, forthwith to arrest
the accused and bring him before such justice to
be dealt with according to law; and the war
rant may require the officer to summon such per-
sons as shall be therein named, to appear at the
trial to give evidence.
Section g. It shall be the duty of the district at
torney of the proper county, notice given to him
by the justice of the peace, before whom any such
complaint shall be made, to attend the trial before
such justice, and to conduct the same on behalf OF
the state.
Section .. 1t shall be the duty OF each member
of the board of supervisors of the town, and OF
every member of the board of aldermen, and OF
every member of the board of trustees, as also OF
every justice of the peace, marshal, deputy mar
shall and constable of any town, ward or village
who shall know of his own knowledge, Or be cred
IDLY informed, that any offense has been committed
against the provisions of this chapter to report and
make complaint against the person violating any
one of the provisions thereof within their respect
i've towns, wards villages, before justice OF
the peace of their county, city village, and il
any such supervisor, alderman, justice of the
peace, trustee, constable marshal or deputy mar
shall, shall neglect refuse to report and make
complaint of any violation offense against this
chapter of which he shall have knowledge as afore-
said he shall be punished by fine in the sum OF
twenty-five dollars for each such neglect OF refusal
to be collected in action to be commenced by the
town treasurer of the town. the treasurer of the
board of aldermen, village city against him
therefor.
Section 10. When any person shall, by excessive
drinking of spirituous, ardent, or Intoxicating
liquors drinks so misspend waste or lesson his
estate or property as thereby either to expose him.
self or his family to want or indigence or the town
city, ward or village to which he belongs to the
pense of the maintenance of himself his family
or shall so habitualy indulge himself in the OF