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3. To cause bridges which are or may be erected over streams intersecting highways to be kept in repair.

4. To divide their respective towns into so many road districts as they shall judge convenient, and specify every such division in writing under their hands, to be recorded in the office of the Town Clerk; but no such division shall be made within ten days next preceding the annual town meeting.

5. To assign to each of the said road districts such of the inhabitants liable to pay taxes on highways as they think proper, having regard to the nearness of residence as much as practicable.

6. To require the Overseers of Highways from time to time, and as often as they shall deem necessary, to perform any of the duties required of them by law.

7. To assess the highway taxes in their respective towns in each year, as provided by law. 8. To lay out and establish upon actual surveys, as hereinafter provided, such new roads in their respective towns as they may deem necessary and proper; to discontinue such roads as shall appear to them to have become unnecessary, and to widen or alter such roads when they shall deem necessary for public convenience, and perform all other duties respecting highways and bridges directed by this chapter.

INTOXICATING LIQUORS.

SEC. 1548. The Town Boards, Village Boards and Common Councils of the respective towns, villages and cities may grant license to such persons as they may deem proper, to keep groceries, saloons or other places, within their respective towns, villages or cities, for the sale in quantities less than one gallon of strong, spirituous, malt, ardent or intoxicating liquors, to be drank on the premises; and in like manner may grant licenses for the sale in any quantity of such liquors not to be drank on the premises. The sum to be paid for such license for the sale of such liquor to be drank on the premises shall not be less than twenty-five nor more than one hundred and fifty dollars; and for the sale of such liquors not to be drank on the premises shall be not less than ten nor more than forty dollars.

SEC. 1549. Every applicant for such license shall, before delivery thereof, file with such town, village or city clerk a bond to the State in the sum of five hundred dollars, with at least two sureties, to be approved by the authorities granting the license, who shall each justify in double its amount over and above their debts and liabilities and exemptions, and be freeholders and residents of the county, conditioned that the applicant, during the continuance of his license will keep and maintain an orderly and well-regulated house; that he will permit no gambling with cards, dice or any device or implement for that purpose, within his premises or any out-house, yard or shed appertaining thereto; that he will not sell or give away any intoxicating liquor to any minor, having good reason to believe him to be such, unless upon the written order of the parents or guardian of such minor, or to persons intoxicated or bordering upon intoxication, or to habitual drunkards; and that he will pay all damages that may be recovered any person, and that he wil! observe and obey all orders of such Supervisors, Trustees or Aldermen, or any of them, made pursuant to law. In case of the breach of the condition of any such bond, an action may be brought thereon in the name of the State of Wisconsin, and judgment shall be entered against the principals and sureties therein named for the full penalty thereof; and execution may issue thereupon by order of the court therefor, to satisfy any judgment that may have been recovered against the principal named in said bond, by reason of any breach in the conditions thereof, or for any penalties of forfeitures incurred under this chapter. If more than one judgment shall have been recovered, the court, in its discretion, may apply the proceeds of said bond toward the satisfaction of said several judgments, in whole or in part, in such manner as it may see fit.

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SEC. 1550. If any person shall vend, sell, deal or traffic in or for the purpose of evading this chapter, give away, any spirituous, malt, ardent or intoxicating liquors or drinks in any

quantity whatever without first having obtained license therefor, according to the provisions of this chapter, he shall be deemed guilty of a misdemeanor, and, on conviction thereof shall be punished by fine of not less than ten nor more than forty dollars, besides the costs of suit, or, in lieu of such fine, by imprisonment in the county jail of the proper county not to exceed sixty days nor less than twenty days; and, in case of punishment by fine as above provided, such person shall, unless the fine and costs be paid forthwith, be committed to the county jail of the proper county until such fine and costs are paid, or until discharged by due course of law; and, in case of a second or any subsequent conviction of the same person during any one year, the punishment may be by both fine and imprisonment, in the discretion of the court.

SEC. 1551. Upon complaint made to any Justice of the Peace by any person that he knows or has good reason to believe that an offense against this chapter, or any violation thereof, has been committed, he shall examine the complainant on oath, and he shall reduce such complaint to writing and cause the same to be subscribed by the person complaining. And if it shall appear to such Justice that there is reasonable cause to believe that such offense has been committed, he shall immediately issue his warrant, reciting therein the substance of such complaint and requiring the officer to whom such warrant shall be directed forthwith to arrest the accused and bring him before such Justice, to be dealt with according to law; and the same warrant may require the officer to summon such persons as shall be therein named to appear at the trial to give evidence.

SEC. 1552. The District Attorney of the proper county shall, on notice given to him by the Justice of the Peace before whom any such complaint shall be made, attend the trial before such Justice and conduct the same on behalf of the State.

SEC. 1553. Every supervisor, trustee, alderman and justice of the peace, police officer, marshal, deputy marshal and constable of any town, village or city who shall know or be credibly informed that any offense has been committed against the provisions of this chapter shall make complaint against the person so offending within their respective towns, villages or cities to a proper Justice of the Peace therein, and for every neglect or refusal so to do every such officer shall forfeit twenty-five dollars, and the Treasurer of such town, village or city shall prosecute therefor.

SEC. 1557. Any keeper of any saloon, shop or place of any name whatsoever for the sale of strong, spirituous or malt liquors to be drank on the premises in any quantity less than one gallon, who shall sell, vend or in any way deal or traffic in or for the purpose of evading this chapter, give away any spirituous, ardent or malt liquors or drinks in any quantity whatsoever to or with a minor, having good reason to believe him to be such, or to a person intoxicated or bordering on a state of intoxication, or to any other prohibited person before mentioned, shall be deemed guilty of a misdemeanor; nor shall any person sell or in any way deal or traffic in, or, for the purpose of evading this chapter, give away, any spirituous, ardent, intoxicating or malt liquors or drinks in any quantity whatsoever within one mile of either of the hospitals for the insane; and any person who shall so sell or give away any such liquors or drinks shall be deemed guilty of a misdemeanor.

BILLS OF EXCHANGE AND PROMISSORY NOTES.

SEC. 1675. All notes in writing made and signed by any person or for any corporation, and all certificates of the deposit of money issued by any person or corporation, whereby he or it shall promise to pay to any person or order, or unto the bearer, any sum of money, as therein mentioned, shall be due and payable as therein expressed, and shall have the same effect and shall be negotiable in like manner as inland bills of exchange, according to the custom of merchants. But no order drawn upon or accepted by the Treasurer of any county, town, city, village or school district, whether drawn by any officer thereof or any other person, and no obligation nor instrument made by such corporation or any officer thereof, unless expressly authorized by law

to be made negotiable, shall be, or shall be deemed to be, negotiable according to the customs of merchants, in whatever form they may be drawn or made.

SEC. 1680. On all bills of exchange payable at sight, or at future day certain, within this State, and all negotiable promissory notes, orders and drafts payable at a future day certain, within this State, in which there is not an express stipulation to the contrary, grace should be allowed in like manner as it is allowed by the custom of merchants on foreign bills of exchange payable at the expiration of a certain period after date or sight. The provisions of this section shall not extend to any bill of exchange, note or draft payable on demand.

SEC. 1684. All notes, drafts, bills of exchange or other negotiable paper maturing on Sunday or upon any legal holiday shall be due and payable on the next preceding secular day.

HOURS OF LABOR.

SEC. 1728. In all manufactories, work-shops and other places used for mechanical or, manufacturing purposes, the time of labor of children under eighteen years of age and of women. employed therein, shall not exceed eight hours in one day; and any employer, stockholder, director, officer, overseer, clerk or foreman who shall compel any woman or any child to labor exceeding eight hours in any one day, or who shall permit any child under fourteen years of age to labor more than ten hours in any one day in any such place, if he shall have control over such child sufficient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or work-shop where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or workshop for more than seven months in any one year, shall forfeit not less than five nor more than fifty dollars for each such offense.

SEC. 1729. In all engagements to labor in any manufacturing or mechanical business, where there is no express contract to the contrary, a day's work shall consist of eight hours, and all engagements or contracts for labor in such cases shall be so construed; but this shall no apply to any contract for labor by the week, month or year.

FORM OF CONVEYANCES.

SEC. 2207. A deed of quitclaim and release of the form in common use or of the form hereinafter provided, shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale.

SEC. 2208. Conveyances of land may be in substantially the following form:

WARRANTY DEED.

County, Wisconsin, hereby conveys and warrants to C D, grantee, County, Wisconsin, for the sum of dollars, the following tract of land in

A B, grantor of

of

[blocks in formation]

A B, grantor, of

County, Wisconsin, hereby quitclaims to C D, grantee, of County, Wisconsin, for the sum of

dollars, the following tract of land in

County,

[blocks in formation]

Such deeds, when executed and acknowledged as required by law, shall, when of the first of the above forms, have the effect of a conveyance in fee simple to the grantee, his heirs and assigns of the premises therein named, together with all the appurtenances, rights and privileges thereto belonging, with a covenant from the grantor, his heirs and personal representatives, that he is lawfully seized of the premises; has good right to convey the same; that he guarantees the grantee, his heirs and assigns in the quiet possession thereof; that the same are free from all incumbrances, and that the grantor, his heirs and personal representatives will forever warrant and defend the title and possession thereof in the grantee, his heirs and assigns against all lawful claims whatsoever. Any exceptions to such covenants may be briefly inserted in such deed, following the description of the land; and when in the second of the above forms, shall have the effect of a conveyance in fee simple to the grantee, his heirs and assigns, of all the right, title, interest and estate of the grantor, either in possession or expectancy, in and to the premises therein described, and all rights, privileges and appurtenances thereto belonging.

MORTGAGES.

SEC. 2209. A mortgage may be substantially in the following form:

A B, mortgagor, of

County.

County, Wisconsin, hereby mortgages to CD, mortgagee, of County, Wisconsin, for the sum of dollars, the following tract of land in

(Here describe the premises.)

This mortgage is given to secure the following indebtedness:

'Here state amount or amounts and form of indebtedness, whether on note, bond or otherwise, time or times when due, rate of interest, by and to whom payable, etc.)

The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of dollars attorney's fees in case of foreclosure thereof. Witness the hand and seal of said mortgagor this

day of

18-.

9

In presence of

[SEAL.]

SEAL.

when executed and acknowledged according to law shall have the effect of a conveyance of the land therein described, together with all the rights, privileges and appurtenances thereunto belonging in pledge to the mortgagee, his heirs, assigns and legal representatives for the payment of the indebtedness therein set forth, with covenant from the mortgagor that all taxes and assessments levied and assessed upon the land described during the continuance of the mortgage shall be paid previous to the day appointed by law for the sale of lands for taxes, as fully as the forms of mortgage now and heretofore in common use in this State, and may be foreclosed in the same manner and with the same effect, upon any default being made in any of the conditions thereof as to payment of either principal, interest or taxes.

ASSIGNMENT OF MORTGAGE.

SEC. 2210. An assignment of a mortgage substantially in the following form: For value received I, A B, of ——, Wisconsin, hereby assign to C D, of consin, the within mortgage (or a certain mortgage executed to

Deeds of

Wis

by E F and wife, of 18-, and recorded in the office of the Register of of mortgages, on page), together with

County, Wisconsin, the day of
County, Wisconsin, in Vol.
and indebtedness therein mentioned.
Witness my hand and seal this
day of

the

In presence of

18-.

A B. [SEAL.]

shall be sufficient to vest in the assignee for all purposes all the rights of the mortgagee under the mortgage, and the amount of the indebtedness due thereon at the date of assignment. Such assignment, when indorsed upon the original mortgage, shall not require an acknowledgment in order to entitle the same to be recorded.

TITLE TO REAL PROPERTY BY DESCENT.

SEC. 2270. When any person shall die, seized of any lands, tenements or hereditaments, or any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend subject to his debts, except as provided in the next section, in the manner following:

1. In equal shares to his children, and to the lawful issue of any deceased child, by right of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise they shall take according to the right of representation.

2. If he shall leave no lawful issue, to his widow; if he shall leave no such issue or widow, to his parents, if living; and if either shall not be living, the survivor shall inherit his said estate. If a woman shall die, leaving no issue, her estate shall descend to her husband, if she shall have one at the time of her decease, and if she shall leave, surviving her, neither issue nor husband, to her parents, if living; and if either shall not be living, the survivor shall inherit her said estate.

3. If he shall leave no lawful issue, nor widow, nor father, nor mother, his estate shall descend in equal shares to his brothers and sisters, and to the children of any deceased brother or sister, by right of representation.

4. If the intestate shall leave no lawful issue, widow, father, mother, brother nor sister, his estate shall descend to his next of kin in equal degree, except that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote; provided, however,

5. If any person die leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child, by inheritance from such deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation. 6. If, at the death of such child, who shall die under age, and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance from his said parent, shall descend to all the issue of the other children of the same parent; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally; otherwise they shall take according to the right of representation.

7. If the intestate shall have no widow nor kindred, his estate shall escheat to the State, and be added to the capital of the school fund.

SEC. 2271. When the owner of any homestead shall die, not having lawfully devised the Bame, such homestead shall descend free of all judgments and claims against such deceased owner or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens, in the manner following:

1. If he shall have no lawful issue, to his widow.

2. If he shall leave a widow and issue, to his widow during her widowhood, and, upon her marriage or death, to his heirs, according to the next preceding section.

3. If he shall leave issue and no widow, to such issue, according to the preceding section. 4. If he shall leave no issue or widow, such homestead shall descend under the next preceding section, subject to lawful liens thereon.

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