CHAPTER 124. [Published March 26, 1872.] AN ACT to confirm the consolidation heretofore attempted of railroad companies existing under the laws of Wisconsin, with railroad companies existing under the laws of Illinois, under the name adopted by them. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: legalized. SECTION 1. That in case any railroad company Consolidation existing as a corporation under the laws of Wisconsin, shall have attempted under previous authority for that purpose had, to effect a consolidation with any railroad company existing as a corporation under the laws of Illinois, under any name adopted by such companies, such attempted consolidation is hereby legalized, ratified and confirmed, and the agreement therefor required by law to be filed in the office of the secretary of state, and all of the provisions thereof are hereby declared to be valid and effectual in all respects for the purposes and according to the terms therein expressed, so far as such companies had previous legal power to make such cantract, and such consolidated company shall be known by the name thus designated or adopted. It shall be optional with the consolidated company to shall be optionconclude and carry out contracts heretofore made with the company existing under the laws of this state, in either the name of such company or of the consolidated company. SECTION 2. This act shall be in force from and after its passage and publication. Approved March 23, 1872. al with com pany. CHAPTER 125. [Published April_3, 1872.] Legalized and confirmed. AN ACT to legalize the acts and proceedings of the Washington Cemetery Association, of the town of Spring Grove, in the county of Green, and to reorganize the same. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. All the acts and proceedings of any cemetery association, which has had possession of a cemetery for ten years consecutively, during that time used for burying the dead, heretofore had in forming and organizing said association, and acquiring lands for cemetery purposes through the trustees acting for said association, are hereby legalized and confirmed, and the said association is by this act authorized and empowered hereafter to transact all business that may be done by such associations, as provided by chapter 67 of the revised statutes of 1858, entitled "of cemetery associations and town cemeteries," and of the several acts amendatory thereof. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 23, 1872. Shall audit account. CHAPTER 126. [Published April 6, 1872.] AN ACT to anthorize the secretary of state to audit the account of D. A. Reed. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The secretary of state is hereby authorized and directed to audit the account of D. A. Reed, for pamphlets containing a list of all the amendments to the revised statutes and general laws of the state of Wisconsin, from 1859 to 1867, inclusive, furnished the state in pursuance of a resolution of the assembly of the year 1868, upon satisfactory proof that such pamphlets were fully delivered in pursuance of such resolution, and the price of said pamphlets shall not exceed fifteen cents per copy. SECTION 2. There is hereby appropriated out of any Appropriated. money in the treasury, not otherwise appropriated, a sum sufficient to carry into effect the provisions of this act. Approved March 25, 1872. CHAPTER 127. [Published March 28, 1872.] AN ACT to provide against the evils resulting from the sale of intoxicating liquors. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Unlawful to without license bond. SECTION 1. It shall be unlawful for any person or persons, by agent or otherwise, without having first ob- sell liquors tained license therefor, as now reqired by law, to sell, in any quantity, intoxicating liquors: provided, that no person shall be granted a license to sell or give away Shall first give intoxicating liquors without first giving a bond, in addition to the bonds now required by law, to the municipality or authority authorized by law to grant such license, running to the state of Wisconsin, in the penal sum of two thousand dollars, with at least two good and sufficient sureties, to be approved by the authorities granting the license, who shall be freeholders and residents of the county in which said license is granted, who shall severally justify upon the bond, their responsibility for said sum over and above all liabilities and exemptions, conditioned for the payment of all damages to any person or persons which may be inflicted upon or suffered by them either in person or property or means of support, by reason of so obtaining a license, selling or giving away intoxicating liquors, or dealing therein; and such bond may be sued or recovered upon for the use of any person or persons, or Unlawful to sell to minors. Shall be declared common nuisances. Unlawful to become intoxicated. Penalty. Shall be liable for eare of in son. their legal representatives, who may be injured by reason of the selling or giving away of intoxicating liquors by the person or his agent so obtaining the li cense. SECTION 2. It shall be unlawful for any person or persons, by agent or otherwise, to sell intoxicating liquors to minors, unless upon the written order of their parents or guardian, or to persons intoxicated or who are habitual drunkards. SECTION 3. All places where intoxicating liquors are sold in violation of law shall be taken, held and declared to be common nuisances, and all rooms, taverns, bazaars, saloons, restaurants, groceries, drug stores, coffee houses, cellars and other places of public resort where intoxicating liquors are sold in violation of law, shall be shut up and abated as public nuisances upon conviction of the keeper thereof, who shall be punished as hereinafter provided. SECTION 4. It shall be unlawful within this state for any person to become intoxicated, and any person found in a state or condition of intoxication shall, on conviction thereof, be punished therefor by being held in custody by order of the court, before which such person may be so convicted, or by imprisonment in the county jail, not less than one day nor more than sixty days, and may, in addition thereto, in the discretion of the court, be required to pay the costs of prosecution, and may be retained in jail or in custody until such costs are fully paid. SECTION 5. Every person who shall, by the sale or toxicated per- giving away of intoxicating liquors with or without a license, cause the intoxication of any other person, shall be liable for and compelled to pay a reasonable compensation to any city, town or village, or to any person who may take charge of and provide for such intoxicated person, and two dollars per day in addition thereto for every day such intoxicated person shall be kept, in consequence of such intoxication, which sum may be recovered before any court having competent jurisdiction. Shall have right of action of liquors. SECTION 6. Every husband, wife, child, parent, against seller guardian, employer or other person who shall be injured in person or property or means of support, by any intoxicated person, or in consequence of the intox ication of any person, shall have a right of action in his and exemplary. or her own name, severally or jointly, against any person or persons who shall, by selling or giving away inoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons, and any person who shall have caused such intoxication, as aforesaid, shall be liable for all damages sustained, and Liable for damfor exemplary damages; and a married woman shall ages, sustained have the same right to bring suits and to control the same as a feme sole, and all damages recovered by a minor under this act, shall be paid either to such minor or to his or her parent, guardian or next friend, as the court shall direct, and the unlawful sale or giving away of intoxicating liquors shall work a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon premises when [where] such unlawful sale or giving away shall take place, and all suits for damages under this act may be by any appropiate action in any of the courts of this state having competent jurisdiction. lation of provis SECTION 7. For every violation of the provisions Penalty for vioof the first and second sections of this act, every per- ions of sections son so offending shall forfeit and pay a fine of not less one and two. than twenty nor more than one hundred dollars, and be imprisoned in the jail of the county not less than ten nor more than thirty days, and pay the costs of prosecution; and for every violation of the provisions of the third section of this act, every person convicted as the keeper of any of the places therein declared to be nuisances, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars, and be imprisoned in the jail of the county for not less than twenty nor more than fifty days, and pay the costs of the prosecution, and such place or places so kept by such person or persona so convicted, shall be shut up and abated upon the order cf the court before whom such conviction may be had, until such time as such person or persons keeping such places shall give bonds and security, to be approved by said court, in the penal sum of one thousand dollars, payable to the state of Wisconsin, conditional that he or she or they will not sell intoxicating liquors contrary to the laws of this state, and will pay all fines, costs and damages assessed against such keeper or keepers for any violation thereof, and in case of a forfeiture of such bond, suit may be brought thereon for the use of any person interested, |