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 village 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. 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, certain persons 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 collected in an action by the town village or city Treasurer. tion-haw. col ed. against such licensed person and his sureties, on his bond, in cases where such bond is given in pursuance of this act, or in cases were no bond is required or given, then in an action on the case against such licensed person, in the name of the town or village Treasurer as the case may be. SEC. 12. When the sale or giving away of spirituous, intoxicating or ardent liquors or drinks, shall have been prohibited to any such spendthrift in pursuance of this act, if any person shall, with a knowledge of said prohibition, give, sell, purchase or procure for, or in behalf of such prohibited person, or for his use, any such liquors or drinks, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of fifty dollars, or in default of immediate by imprisonpayment of such fine when legally imposed, to imprisonment in ment." the county jail for the space of thirty days, unless sooner discharged by payment of such fine and all costs and fees up to the date of his discharge. Further penalty SEC. 13. Upon any complaint made in writing under oath, by any two respectable persons, residents of the town village or ward in which any licensed person may keep his shop, grocery, saloon or place for the sale of any liquors or drinks under the provision of this act, and upon filing the same with the Clerk of the town, city or village setting forth therein, that any such censed person keeps or maintains a disorderly, riotous, indecent or improper house; or that he suffers, allows or permits gambling in his house with cards, dice or with any device or implements or in any manner whatever, the board of Super- What Board visors or the board of Aldermen or by the board of Trustees mons upon com(as the case may be), shall issue their summons, under the plaint. hand of their Clerk, directed to any Constable of the town, city or village, commanding the person so complained of to be and appear before such board, on a day certain to be therein named, (which day shall not be less than three nor more than ten days) to shew cause why his license shall not be immediately revoked and cancelled. may issue sum SEC. 14. If such accused person shall not appear as required by the summons mentioned in the foregoing section to shew 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 contained in said complaint to be sufficient, they shall immediately cause said license by them before granted to be wholly revoked and an- When license is nulled, which action of the board shall be entered by their to be given. clerk on the books or journal of the board, and they shall cause proper notice to be given to the person whose license shall be so revoked. But if such person shall appear, he shall be revoked notice traverse state ments. ant shall pay costs. Defendant may allowed to traverse and deny the matters charged in such complain, and upon such issue made each party shall be allowed to produce witnesses as in other cases, and to be heard by council. If upon such hearing the board shall find the complaint to be true, they shall immediately revoke the license theretofore granted to the accused party; but if they shall find the same not to be true, after proofs adduced, they shall disWhen complain charge the person complained of free of all costs, and the cost shall be paid by the persons making such complaint, for the payment of which costs, said board shall take good and sufficient security of the complainants, before issuing their summons as aforesaid. Provided, that in no case where such license shall be revoked and taken away from any person, shall it 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. Proviso. When Supervisors may grant license. SEc. 15. The. Board of Supervisors of any town, may grant licenses to sell intoxicating or spirituous liquors, or drinks in any quantity less than one gallon, to such persons as keep houses of public entertainment, on any public highway, for the benefit and accommodation of travelers, in such cases as the said Board shall deem the granting of such license expedient and proper. The sum to be paid for such license shall not be less than thirty dollars, nor more than fifty dollars, according to the discretion of said Board, and before the same shall be Applicant shall granted to any person, he shall make and file with the Clerk of the town, a written affidavit that he is keeping a house of public entertainment for travelers, commonly known as a tavern or hotel, and that he desires such license only for the reason that he is keeping such house of public entertainment, and for the accommodation of the traveling public: Provided, That no such license shall be granted until the applicant thall have executed, produced and filed his bond in accordance with section four of this act, and that he shall be, in all respects. subject to the several requirements and penalties hereinbefore made, in the same manner as other licensed persons. file affidavit with Clerk. Proviso. Monies realized to be applied to poor. SEC. 16. All moneys derived from licenses granted under support of the this act, shall be kept separate and distinct from other moneys by the town, city or village Treasurer, and the snme shall be applied solely for the purpose of defraying the pauper expenses of such town, city or village, unless the amount received shall exceed the sum required for such objects, in which case, the remainder shall be placed in the general treasury of the city, town or village, and appropriated in the same manner as other moneys: Provided, however, that in counties where the coun- Proviso. 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 amend Chapter sixty-five, Section seventeen, of the Revised Statutes, providing for the sale of lands by Administrators, Executors and Guardians. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: Chap. 163 may authorise son qualified. SECTION 1. That chapter sixty-five, section seventeen shall Probate Courts be, and hereby is so amended as to to authorise the Probate or appraisal of County Courts of this State, in their discretion, to authorise an ads by peradministrator, executor or guardian to have or cause the lands which he or they may be authorised by said Court to sell, appraised by three disinterested freeholders in the county in which such lands lie, under oaths, administered by any rersen authorised to administer oaths, which oaths and appraisal shali be certified to in the usual form, and be filed in the Court from which the said license was issued, and the administrator, executor or guardian, so licensed, shall offer the same at public vendue and if after due notice thereof, no bid shall be made of a larger sum than that at which it is so appraised such adminis trator, executor or guardian so licensed may sell such lands so appraised at private sale, at a price not less than the appraised value, or if not so sold within one year they may be sold at public vendue. Administrator praised value. may sell at ap be given. SEC. 2. That in case the said Probate or County Courts en notico to shall so license to sell at public sale, the same notices shall be given as is now required by law to be given. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved March 8th, 1851. NELSON DEWEY. Chap. 164 • General Corporate powers. Proviso. Proviso. tees-how constituted. An Act to incorporate the Fire Department of the city of Kenosha. The People of the State of Wisconsin represented in Senate and Assembly do enact as follows: SECTION 1. That all persons who now are or hereafter may become members of the Fire Department of the city of Kenosha, and their successors, shall be and hereby are ordained, constituted and declared to be and continue a body politic and corporate, in fact and in name, under the name and style of the "Fire Department of the city of Kenosha," and by that name they and their successors may and shall have perpetual succession, and shall be known in law, capable of sueing and being sued, of pleading and being impleaded, of answering and being answered to, of defending and being defended, in all suits, complaints, matters, causes, courts and places whatsoever, and both in law and equity, and capable of having a common seal, of acquiring by purchase, gift, devise or otherwise, and of holding and conveying any real, personal or mixed estate, necessary, proper or expedient for the object of this incorporation: Provided, That the amount of said estate shall at no time exceed the sum of fifty thousand dollars. SEC. 2. The members of the Fire Department of the city of Kenosha, hereby incorporated, shall have, and are hereby declared to have full power and authority to make and prescribe such by-laws, rules, ordinances and regulations, and the same to alter, amend and change at pleasure, as to them from time to time shall seem needful or proper, touching the management and disposition of their funds for the objects aforesaid, touching the regular and special meetings of the department, the regulation, duty and conduct of their members, delegates and board of Trustees, the election and displacing of officers and delegates, the admission and expulsion of members, the filling of vacancies in offices, and touching every other matter and thing necessary or expedient for the good government and promotion of this incorporation, or which pertains to the business and objects for which the said incorporation is by this act instituted: Provided, That such by-laws, rules, ordinances and regulations be not repugnant to the constitutional laws of the United States or of this State.y SEC. 3. The officers of said Department, by this act incorBoard of Trus- porated, shall be a President, Vice President, Secretary, Treasurer and Collector, who together with the Chief Engineer of the Fire Department and the delegates from the several Fire Companies and other bodies pursuant to the provision of the constitution and bye-laws of the Department, shall constitute a board of trustees, a majority of whom shall be a quorum for |