take and use any portion of the highway from Watertown to SAMUEL W. BEALL, Speaker of the Assembly. Lt. Governor and President of the Senate. Approved February 8, 1850. NELSON DEWEY. Chap 137 An act to authorize the construction of a bridge over the south branch of the outlet of Winnebago lake. Authority to build bridge. Dimensions of bridge. Bridge free. Persons liable for injuries. Duties of own. ers. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: t SECTION 1. That Gorham P. Vinning, William M. Tygert and John R. Kimberly, and their associates have authority, to build, construct and maintain a bridge across the south branch of the outlet of lake Winnebago, from the point in the village of Winnebago Rapids, where the state road from Winnekona intersects Fox river at the foot of Walnut street, in said village, below the dam. SEC. 2. Said bridge shall not be less than fourteen feet wide, with a draw over the canal forty feet wide. SEC. 3. Said bridge shall forever remain free of toll for passing the same. SEC. 4. Any person or persons who shall do any wilful injury to said bridge, shall be liable to the owner or owners thereof for the amount of said damage, to be recovered in any court of competent jurisdiction, and in addition thereto, upon complaint being made, may be punished as now provided by law for injuries of that nature. SEC. 5. The owners of said bridge shall attend the draw, or cause the same to be attended, so as to pass and re-pass all boats, vessels and other water craft, at all times free of expense and without unnecessary delay or interruption, and be liable for all damage. that may occur to any person or persons in consequence of any insufficiency of said bridge, or any bad management of the draw of the same. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 8, 1850. NELSON DEWEY. Chap 138 A credit to An act for the relief of the county of Sauk 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 required on his being furnished with satisfactory proof by the su- Sauk county. pervisors of the county of Sauk, to certify the amount now standing against said county for the arrearage taxes that has resulted from double assessment and taxation of property in said county, and the State Treasurer is hereby required to credit the amount so certified to the county of Sauk. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 8, 1850. NELSON DEWEY. An act relating to the sale of intoxicating liquors, and to repeal chapter twenty-nine of the Revised Statutes. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap 139 ditions. SECTION 1. No person shall hereafter be allowed to vend or Bond to be exretail intoxicating liquors or drinks, until he shall have executed to ecuted of $1,the treasurer of the city, town, or village, in which he may reside 000. Its conor carry on such business, a bond in the penal sum of one thousand dollars, with two or more sufficient sureties, who shall be residents of the place where such business is carried on, conditioned to pay all damages that community, or individuals may sustain by reason of his or her vending intoxicating liquors; support all paupers, widows and orphans made, or helped to be made, by his or her said traffic, and pay the expenses of all civil and criminal prosecutions made, growing out of, or justly attributable to his or her vending or retailing intoxicating liquors or drinks, which bond shall be subject to the approval of the common council of such city, the supervisors of such town, or the trustees of such village: Provided, They shall not be liable for any costs in suits, Provisounless judgment be recovered against him or her, upon the cause of action upon which the suit is brought, but they may recover costs as in other cases, SEC. 2. The bond above required, shall be filed with the treas- Pond filed-a urer of such city, town, or village, as the case may be, and a copy copy to be eviof the same, certified by such treasurer, shall be received as evi- dence in court. dence in all courts of justice in this state. bond. SEC. 3. It shall be the duty of the treasurer with whom such On demand bond may be filed, to deliver, on demand, a copy of the same to the treasurer any person who may claim to be injured by such traffic, and the to give copy of said treasurer shall be entitled to receive from such person, who may demand such copy, the sum of twenty-five cents therefor, as his fee for making and certifying to such bond before he delivers a copy therefor, [thereof] } SEC. 4. It shall be lawful for any married women to institute Married woand maintain in her own name, a suit on such bond, for all dam- men may sue for damages. ages sustained by herself, or children, on account of such traffic, Proceedings in courts, when entertained. Proviso. What proof necessary to sustain action. Authorities may sue. Persons may and the money when collected, shall be paid over to her, for the use of herself and children. SEC. 5. No suit for retail liquor bills shall be entertained by any courts of this state, and whenever it shall be made to appear to any court before whom a suit may be pending on a promissory note, account, or evidences of debt, that such note, aceount, or evidences of debt, was given for retail liquor bills, or any part thereof, such court shall immediately dismiss such suit at the cost of the plaintiff, and all such notes, accounts, or evidences of debt, shall be absolutely void: Provided, The provisions of this sec tion shall not apply to druggists when the intoxicating liquors were sold for medical purposes. The words "vending or retailing," in this act, shall be construed to mean the selling or giving away intoxicating liquor in quantities less than twenty-eight gallons. SEC. 6. On the trial of any suit under the provisions of this act the cause or foundation of which shall be the act of an individual under the influence of intoxicating liquor, it shall only be necessary in order to sustain the action, to prove that the principal in the bond, sold or gave intoxicating liquor to the person so in toxicated, or in liquor, (whose acts shall be complained of) on that day, or the day previous to the commission of the offence. SEC. 7. Whenever a person shall become a county, city, town or village charge, by reason of intemperance, a suit may be instituted by the proper authorities, on the bond of any person who may have been in the habit of selling or giving intoxicating li quors to such person, or pauper, within six months next preceding such person becoming a public charge. SEC. 8. Any person against whom a judgment may be obtain sue for contri- ed under the provisions of this act, shall be entitled to maintain bution to pay a suit to compel a contribution towards paying the judgment judgment. against him, and against all persons engaged in such traffic, in such city, town or village, who may have sold or given intoxicating liquors to such person committing the offence, or becoming a pub lic charge, within the time specified in this act, to be assessed rateably, by the court or jury, empannelled and sworn to try said ions of this act cause. Liability of SEC. 9. Any person who shall vend or retail, or for the purpose persons avoid- of avoiding the provisions of this act, give away intoxicating li ing the provis- quors without first giving the bond required by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum, not less than fifty, nor more than five hun. dred dollars, and be imprisoned in the county jail, not less than ten days nor more than six months, and shall be liable in all respects to the public and individuals, the same as he or she would have been had he or she given the bond required by this act. Suits may be SEC. 10. All suits authorized by the provisions of this act, brought before may be commenced and prosecuted before justices of the peace, justices of when the damages claimed do not exceed one hundred dollars, aithough the penalty in the bond may exceed that amount, and the judgment shall be for the damages proved, and a judgment on the bond required by this act, shall not be a bar to further proceed peace. ings on the bond until the judgment or judgments so obtained shall be equal to the whole amount of the bond. SEC. 11. Whenever judgment shall be obtained on any bond New bond, when required given under the provisions of this act shall be equal, or exceed in amount the sum specified in such bond, the person so vending or retailing intoxicating liquors, shall give a new bond, to be executed, approved and filed in the same manner, as provided in this act; and a refusal, or neglect to give such bond, shall subject the vender or retailer, aforesaid, to all the penalties which would follow the vending or retailing intoxicating liquors, without giving the bond in the first instance. Sec. 12. All power granted to the common council of any Power to grant city, or the trustees of any village, to grant licenses for the sale of licenses repeal ed. intoxicating liquors, or charge any tax for the same, except as provided in this act, is hereby repealed, and it shall be the duty of each judge of the circuit court, especially to charge the grand jury Duty of cirat every term of such court, to inquire into all offences committed cuit court. against the provisions of this act. SEC. 13. Chapter twenty-nine of the Revised Statutes, enti- Law repealed. tled" of the sale of spirituous liquors," is hereby repealed: Pro- Proviso. vided, This act shall in no wise affect any prosecution already commenced or right accrued under the law hereby repealed. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate, Approved, February 8, 1850." NELSON DEWEY. An act to amend chapter fifty-nine of the Revised Statutes. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap 140 SECTION 1. Chapter fifty-nine of the Revised Statutes, is here- Chapter fiftyby so amended that it shall and may be lawful for any clerk of nine amended any court of record or clerk of the board of supervisors of any county of this state, to take and certify the acknowledgement of any deed or other instrument of writing required to be acknowledged within their respective counties, and the clerks of the boards of county supervisors are hereby authorized and empowered to administer oaths in all cases required by law to be administered. MOSES M. STRONG, Speaker of the Assembly.. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, February 8, 1850. NELSON DEWEY, Chap 141 Chapter nine An act to amend chapter sixteen, title six, of the Revised Statutes. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. So much of section fifty-six, and the subsequent teen amended. sections of chapter sixteen, title six, of the Revised Statutes, as provides for the recovery of damages upon laying out or altering any road shall be so construed that no damages shall be paid to or received by the party aggrieved until such road shall have been opened by order of the supervisors. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate. Approved, February 8, 1850. NELSON DEWEY. Chap 142 Amendment quo warranto. An act to amend chapter 126 of the Revised Statutes. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. Section sixteen of chapter one hundred and twenty-six, entitled "of informations in the nature of a quoa warranto, to process of and in certain other cases" of the Revised Statutes, is hereby amended to read as follows: Whenever any writ of summons, issued upon an information in the nature of a quoa warranto, shall be returned duly served, the attorney general may thereupon enter a rule, in vacation or in term time, requiring the defendent to plead to the information filed against him in such time as the court or judge at chambers shall direct after service of copy of said rule; and the same shall be served in the same manner, and with like effect, as rules upon declarations in personal actions. SEC. 2. This act shall be published immediately by the public printer in a newspaper printed at Madison, and from the time of such publication shall take effect. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 8, 1850. NELSON DEWEY. Chap 143 C. L. Sholes. An act to appropriate to C. L. Sholes the sum therein named. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That there be, and hereby is appropriated out of any money in the treasury not otherwise appropriated, to C. La |