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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 Further penalty payment 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.

by imprison

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 licensed 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 Supervisors or the board of Aldermen or by the board of Trustees (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.

What Board may issue summons upon com

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 statements.

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 suffi cient 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

Proviso.

When Supervisors may grant license.

him.

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.

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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 same 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.
ty system of supporting paupers has been adopted, said monies
shall be placed in the general treasury of the city, town or
village, and appropriated in the same manner as other monies.
SEC. 17. This act shall take effect from and after the first
day of June next, and chapter 29 of the Revised Statutes,
and the act amendatory thereof, approved February 8, 1850,
are hereby repealed: Provided, That this act shall in no wise Proviso.
affect any prosecution already commenced, or right accrued
under the laws hereby repealed.

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, pro- Chap. 163

viding 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 :

may authorise lands by per

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 sons qualified. administrator, 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 person 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 Administrator appraised at private sale, at a price not less than the appraised may eel at apvalue, or if not so sold within one year they may be sold at public vendue.

praised value.

be given.

SEC. 2. That in case the said Probate or County Courts When 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.

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

the transaction of business; and said officers and delegates, separately, and as a board of Trustees shall do and perform such duties and things as may be incumbent upon or required of them by the constitution or by-laws of the department.

cers.

SEC. 4. There shall be an annual meeting of the members Election of offof said corporation on the second Monday of January, in each year, at which the officers shall be elected by ballot by a majority of the members present, from their own body, and the officers elected shall hold their offices for one year or until others be chosen in their places; but in case it at any time happens that an election of officers shall not be made or had on that day, the said corporation shall not be dissolved, but it shall and may be lawful to hold such election thereafter, pursuant to public notice given in one or more of the newspapers printed in said city.

Appointment of

SEC. 5. Of the Fire Department of the city of Kenosha, arst board of Isaac W.Webster shall be President; William L. Hinsdale, Vice rustees.. President; Frederick S. Lovell, Secretary; John R. Phelps, Treasurer, and John E. Henry, Collector, who, together with the Chief Engineer of the Fire Department, duly appointed by the Common Council of the city of Kenosha, and the delegates chosen aforesaid, shall constitute the first board of Trustees,and shall hold their offices until the second Monday of January next, or until others shall be chosen in their stead.

Of

SEC. 6. The funds of said corporation shall consist of a gen- of funds and eral fund, which shall be applied to such general purposes of the tion. Fire Department as the board of Trustees shall in their discretion determine; and of a firemen s benevolent fund, (arising from donations and other sums specially devoted to said fund) the interest arising from which shall be appropriated to the relief of indigent and disabled firemen and their families as may be interested in the fund, and who may be in the opinion of a majority of the Trustees worthy of assistance.

Department to

SEC. 7. All certificates now required to be obtained by give Certificates firemen from the Clerk of said citypursuant to the provision of any law of this state, shall hereafter be obtained from the department, by this act incorporated; which certificates, signed by the President and Treasurer of this department and countersigned by the City Clerk of said city and under the seal of this incorporation shall have the like effect of those heretofore obtained from the said city Clerk, and shall be satisfactory evidence of the facts therein contained, and each person applying for such certificate shall pay therefor such sum as the by-laws of the department shall prescribe for the benefit of the corporation and the objects thereof.

city clerk a lis

SEC. 8. It shall be the duty of the Trustees to make out Trustees to give and deliver to the city Clerk once in each year, or whenever of members

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