Venders of patent rights to obtain license.

Amount.

Secretary of state to grant license.

Penalty for violation.

Justice may issue warrant.

How to collect penalty.

SECTION 4. All persons selling or offering for sale, patent rights, or territory for the sale, use or manufac ture of patent rights or articles not included in section one of this chapter, shall procure a license as a patent right dealer, in the same manner as herein before provided for hawkers and peddlers. And every such ap plicant before he shall be entitled to such license shall pay into the state treasury the following duties: If he shall have any interest in, or offer for sale the whole or any part of the state greater than one-half, the sum of twenty dollars; and if he shall have any such interest in or offer for sale territory equal to one-half the state or less, the sum of ten dollars.

SECTION 5. It shall be the duty of the secretary of state upon the payment of his fees, to grant to every such applicant, upon the delivery of the notice above required and the receipts of the state treasurer, showing the payment of the proper duties into the state treasury, a license under his seal of office, and signed by himself, authorizing such applicants to travel and trade, or solicit trade within this state, as a hawker and peddler, in the manner stated in the notice, for the term of one year from the date of the license : provided, however, that if it shall appear that if the applicant is to prosecute business thereunder only for a portion of a year, said license may be issued for such portion of the year, but for not less than six months.

SECTION 6. Every peron who shall be found traveling and trading, or soliciting trade, or selling or offer. ing to sell patent rights or territory for the sale, use or manufacture of patent rights or articles within this state, contrary to the provisions of this chapter, or contrary to the terms of any license that may have been granted to him as a hawker or peddler or patent right dealer, shall for such offence forfeit the sum of twentyfive dollars.

SECTION 7. Any justice of the peace, upon complaint being made, shall give his warrant for the apprehension of any person who shall be found trading or soliciting trade as a hawker or peddler or patent right dealer without license, or contrary to the terms of his license, in violation of the provisions of this chapter.

SECTION 8. It shall be the duty of such justice, if a sufficient license to authorize such business be not produced to him, and the fact of such trading or busi

ness be proved to him, either by the confession of the person so apprehended, or the oath of competent witnesses to convict the offender of such offense against this chapter as shall be so confessed or proven, and to issue his warrant on such conviction, directed to some constable or policeman of the county in which the conviction shall be had, commanding such constable or policeman to cause the sum of twenty-five dollars, with costs not to exceed five dollars, to be forthwith levied by distress and sale at public vendue, of the goods, wares and merchandise of the offender.

allowed defend

cense.

SECTION 9. In every case of prosecution against No costs to be any person for the recovery of any penalty given in ant if he refuse this chapter, no costs shall be allowed to the defendant to produce liif it shall appear that before the commencement of the prosecution, such defendant had refused to produce his license when lawfully required, nor in such case shall the defendant be entitled to maintain any action against the person prosecuting him, or the constable or other persons by whom he may have been apprehended, or the justice issuing any warrant or other process against him, or before whom he may have been tried for any of their acts in so prosecuting, apprehending or trying him.

SECTION 10. No action or prosecution for the recovery of any penalty imposed by the provisions of this chapter shall be maintained unless it shall appear that the same was brought within one year after the commission of the offense charged.

Action for penbrought within

alty must be

one year.

scene books.

etc,, may sell

ductions with

SECTION 11. This chapter shall not authorize the Not to authorsale of or the traveling for the purpose of carrying to izen of obsell any immoral or obscene book, paper or pamphlet. SECTION 12. Nothing contained in this chapter shall Manufacturers, be construed so as to prevent any manufacturer, me- their own prochanic or nurseryman, residing in this state from selling out license. his own work or production, manufactured or grown in this state, by sample or otherwise without license; nor shall any patent right dealer, who is a citizen of this state, be required to take out a license to sell his own invention; nor shall any wholesale merchant have [having] a regular place of business in this state, be prevented, by anything herein contained, from selling by sample without license; but no merchant shall be allowed to peddle, or to employ others to peddie, goods not his own manufacture without the license in this chapter provided; nor shall any person traveling on

Duty of treasury agent.

State license to exempt from

town license.

Repealed.

foot or by railroad, canvassing for or selling books, pamphlets, papers or maps, be required to take out a license in this chapter provided.

SECTION 13. It shall be the duty of the treasury agent as provided in chapter 176 of the general laws of 1867, to superintend and enforce the provisions of this chapter; and such treasury agent or his assistant shall, when there is reasonable ground to suppose that such license fees as are required by any law of this state to be paid into the state treasury, may become otherwise uncollectable, seize and detain any vehicle, or any animals attached thereto, or any of the goods, wares or merchandise conveyed by such vehicle, until the process provided in sections 7, 8 and 9 of this chapter may be issued and served, but the said agent shall exercise due diligence in procuring such process to be issued and served.

SECTION 14. Any person having a license from the secretary of state, under the provisions of this chapter, shall be exempt from any further license from towns, villages or cities in this state during the continuance of said license.

SECTION 15. Chapter 50 of the revised statutes and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

SECTION 16. This act shall take effect and be in force from and after its passage and publication. Approved March 6, 1868.

May transfer

CHAPTER 178.

[Published March 14, 1868.]

AN ACT to authorize certain towns to transfer moneys from the general fund to the school fund.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. The boards of supervisors of those towns general fund to which have not raised, by order of the county boards of supervisors, a sum sufficient to entitle them to an

school fund.

apportionment of school moneys for the year 1868, are hereby authorized and directed to transfer from the general fund to the school fund of their respective towns, the amounts in which said towns are deficient; and upon the receipt by the state superintendent of public instruction of the certificate of any town clerk that the requisite amount has been thus transferred, he shall apportion to said towns the full sum of school moneys to which such towns would have been entitled, provided, the county boards of supervisors had levied upon such towns the amounts required by law.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1868.

JOINT RESOLUTIONS.

NUMBER 1.

JOINT RESOLUTION declaring it to be the duty of the general government to protect American citizens in the enjoyment of all their rights as such while sojourning in foreign countries.

Resolved by the senate, the assembly concurring, That it is the duty of the United States government to define and declare authoritively the rights and duties of the citizens thereof temporarily sojourning in foreign countries, and to protect and defend all classes of her citizens, in the full enjoyment of their rights thus defined and declared, against all infringements thereof by the governments of the countries in which they may be so temporarily sojourning, by every means within its power; that the principle derived from the feudal system that the masses of the people belong to the government under which they were born, contended for by the monarchical governments of Europe, by asserting and seeking to enforce the doctrine, once a subject always a subject," is repugnant to the dictates of enlightened civilization, and opposed to the rights and best interests of mankind; that expatriation is one of the inalienable rights of man, and from the time when any foreign citizen or subject renounces his former allegiance and becomes domiciled in this country, with the intention, in good faith, to become a citizen of the United States, he should be regarded, during the continuance of such domicile, as invested with our national character and entitled to the protection of our national government; that no distinction should be tolerated between native born and duly naturalized citizens of the United States in regard to their immunities and privileges in foreign countries, and that a naturalized citizen of the United States, temporarily sojourning within the dominions of his former sovereign, can only be compelled to enter the military service or