Proviso. Certain officers at pleasure. any cause not be held at the time prescribed, it shall not be considered a sufficient reason for arresting, suspending or absolving the said corporation, but such election may be held at any time thereafter, by order of the Supervisors of the town of the first election, otherwise by order of the Trustees of said village, of which time ten days public notice shall be given, and further if any of the duties enjoined by this act at a time herein specified, or specified by any ordinance of said village are not then done, the Trustees of said village may appoint another time upon which the said duties may be done: Provided, That the officer so failing to execute such duties at the time required, shall be liable to the same actions, fines and penalties as he would have been had not such power been conferred upon or exercised by the Trustees. SEC. 59. The Trustees shall have power to appoint and at and removed their pleasure so remove the following officers to wit: One Chief Engineer of the Fire Departments, two Fire Wardens for each ward, and as many assistant wardens as they shall from time to time deem necessary, one Surveyor, one Sealer of weights and measures, Sextons and keepers of burial grounds, Street Commissioners, and one Harbor Master, and prescribe their duties and fix their compensation under the provisions of this act, and, to impose and enforce in law such penalties as to the said trustees may seem proper, for any malfeasance or improper conduct of any of said officers, and to require bonds for the faithful performance of the duties of such of them as may be deemed expedient and necessary by the Trustees: Provided, That Trustees shall have no power to pay themselves any compensation for their services. Proviso. Quorum, SEC. 60. A majority of the Trustees from each ward in said village, shall be a quorum for the transaction of busines when the President shall be present to preside, but a less number may meet and adjourn from time to time until a quorum shall be present, but shall do no other business in the absence of the President, five Trustees being present, one of their number may be appointed chairman pro tem. SEC. 61. This act may be altered, amended or repealed by the Legislature. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved March 6th, 1851. NELSON DEWEY. An Act to appropriate to Alexander Mitchell a certain sum of money. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: Chap. 160. Canal Loan No. SECTION 1. There is hereby appropriated to Alexander Mitchell to be paid on or after the twentieth day of June next, Redemption of out of any money in the treasury not otherwise appropriated, 52. one thousand dollars principal and thirty-five dollars interest in full payment for principal and interest on Wisconsin, Milwaukee and Rock River Canal Loan number fifty-two. celled. SEC. 2. Upon payment of the above mentioned bond, it to- Bond to be cangether with the accompanying coupons shall be surrendered to the State Treasurer and by him cancelled. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, March 8th, 1851. NELSON DEWEY. An Act to appropriate to Alexander Mitchell a certain sum of money." Chap. 161 Canal Bond No. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. There is hereby appropriated to Alexander For interest on Mitchell the sum of seventy dollars in full payment for interest 52. on Wisconsin, Milwaukee and Rock River Canal Loan number fifty-two, from the twentieth day of December, in the year of our Lord one thousand eight hundred and forty-nine, to December twentieth, one thousand eight hundred and fifty, upon the surrender of the coupens attached to the same, out of any money in the treasury not otherwise appropriated. FREDERICK W. HORN, Speaker of the Assembly. President pro tempore of the Senate. DUNCAN C. REED, Approved March 8th, 1851. NELSON DEWEY. #An Act licensing the sale of intoxicating liquors. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap. 162 license to drink SECTION 1. That the board of Supervisors of the several who may grant towns, and the board of Aldermen of any incorporated city and on the premises. the board of Trustees of any incorporated village within this State, may at any regular or special meeting of the board, Who may grant wholesale. License not to be issued till 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, spirituous, ardent or intoxicating liquors, to be drunk on the premises in a quantity less than one gallon. The sum to be paid for such license by the person applying therefor, shall be one hundred dollars, and the license so granted shall remain and be in force for and during the space of twelve months from and after the date thereof, unless sooner revoked by the board granting said license. SEC. 2. The board of Supervisors, board of Aldermen or › board of Trustees may also grant licenses to as many persons as they may deem proper, within the limits of their respective towns, cities, or villages to sell strong, spirituous, ardent or intoxicating drinks or liquors, in any quantity not less than one gallon; not to be drunk within their houses or on their premis es. The sum to be paid for such license for wholesaling spirituous or intoxicating liquors or drinks, by the person applying therefor, shall be fifty dollars and such license shall be in force for the space of twelve months from the date thereof unless sooner revoked by the board granting the same. SEC. 3. The said license shall be sealed and attested by the money is paid. town Clerk or the Clerk of the board of Aldermen, or the Clerk of the board of Trustees, (as the case may be),granting the same; but they shall in no case be issued to the applicant, until such applicant shall produce to the said Clerk, proper evidence, by receipt or otherwise that he has paid into the town,city or village treasury the sum of money herein before fixed and required to be paid therefor. Bond to be giv. en. SEC. 4. No license shall be granted under the provisions of this act, until the person applying therefor shall have produced and filed with the said town, city or village Clerk, a good and sufficient bond, in the penal sum of five hundred dollars, with two or more good and sufficient sureties who shall severally justify their responsibility over and above all debts and exemptions on oath, or affidavit, which oath or affidavit shall be attached to and filed with the bond which bond shall be executed to the town, city or village Treasurer, as the case may be, and when the sureties shall have so justified shall be approved by Condition of the board granting such license: Conditioned, That such applicant will during the continuance of his license keep and maintain an orderly and well regulated house, that he will permit no gambling with cards of dice, or any other device or implements used for that purpose within his grocery, shop, saloon or building of any name whatsoever kept by him, or within any out house, yard or shed appertaining to the same and that he wil Bond. observe and obey all requirements of said board of Supervisors or board of Aldermen, or board of Trustees or any member thereof made in pursuance of this act. ling in violation SEC. 5. If any person shall vend, sell or in any way deal or Penalty for seltraffic in or for the purpose of evading this act give away any of statue. spirituous,ardent or intoxicating liquors or drinks in any quantity whatsoever without first having obtained license therefor according to the provisions of this act, he shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished therefor by a fine of one hundred dollars and costs of suit, within twenty-four hours after the same have been imposed upon him, (during which time he shall remain in the custody of the officers) by imprisonment in the county jail of the proper county for the space of sixty days, unless he shall be discharged therefrom before the expiration of said term, by payment of the aforesaid fine, and all costs and jail fees occasioned by his prosecution and imprisonment. Justices to have SEC. 6. Justices of the Peace shall have power to hold a jurisdiction. court, to hear, try and determine, all offences against or growing out of, the provisions of this act, and arising within their respective counties: Provided, That the accused party shall Proviso. not be deprived of a jury trial, nor of his right of appeal as in other cases of tort. SEC. 7. Upon complaint made to any Justice of the Peace by any person, that he knows, or has good reason to believe that offence against this act, or any violation thereof has been committed, he shall examine the complainant upon oath, and he shall reduce such complaint to writing, and cause the same to When Justice to be subscribed by the person complaining. And if it shall ap-issue warrant pear to such Justice that there is reasonable cause to believe for arrest that such offence has been committed, he shall immediately issue his warrant, reciting 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 same warrant may require the officer to summon such persons as shall be therein named, to appear at the trial to give evidence. ney to conduct SEC. 8. It shall be the duty of the District Attorney of the District Attorproper county, on notice given to him by the Justice of the the suit. Peace before whom any such complaint shall be made, or by the complainant himself, to attend the trial before such Justice, and to conduct the same on behalf of the State. shall make complaint in certain SEC. 9. It shall be the duty of each of the board of Super- What officers visors 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 Marshal and Con cases. stable of any town, ward or village, who shall know of his own knowledge, or be credibly informed that any offence has been committed against the provisions of this act, to report and make complaint against the person so violating any of the provisions thereof within their respective towns wards or villages, before some Justice of the Peace of their county, city or yillage; and if any such Supervisor, Alderman, Justice of the Peace, Trustee, Constable, Marshal or Deputy Marshal, shall neglect or refuse to report and make complaint of any violation or offence against this act, of which he shall have knowledge as aforesaid he shall Penalty for neg- be punished by fine in the sum of twenty-five dollars for each such neglect or refusal, to be collected in an action of debt, to be commenced by the Town Treasurer of the town, or the Treasurer of the board of Alderman, village or city against him therefor. When certain officers may for certain persons for a year. SEC. 10. When any person shall by excessive drinking of bid the sale to spirituous, ardent, or intoxicating liquors or drinks, so misspend, waste or lesson his estate or property, as thereby either to expose himself or his family to want or indigence, or the town, city, ward or village to which he belongs, to expense for the maintainance of himself or his family, or shall so habitually indulge himself in the use of spirituous, intoxicating or ardent liquors or drinks as thereby greatly to injure his health, or endanger the loss thereof, or to endanger the personal safety and comfort of his family, or any member thereof, the board of Supervisors of the town in which such spendthrift lives, or any member thereof, or the board of Aldermen of the city in which he lives, or any member thereof, or the board of Trustees of any village, or any member thereof, shall in writing under his or their hands, forbid all persons licensed under this act, to sell or give away to him any ardent, spirituous or intoxicating liquors or drinks of any kind, for the space of one year, and said boards or any member thereof, may in like manner forbid the selling of any such liquors or drinks to the said spendthrift by any licensed person of any other town or ward or city or village to which the spendthrift may resort for the same. Prohibition may be renewed SEC. 11. The said board of Supervisors, or board of Aldermen or Trustees, or any member of such boards shall, in the same manner, from year to year, renew such prohibition, as to all such persons, as have not, in their or his opinion, reformed within the year; and if any person licensed under the provisions of this act, shall, during such prohibition sell, or give away to any such prohibited person, any such ardent, spirituous or intoxicating liquors or drinks of any kind whatsoever, he Fine for viola- shall forfeit for each offence the sum of fifty dollars, to be coltion-haw collected in an action by the town village or city Treasurer, lected. |