USA > Wisconsin > Vernon County > History of Vernon County, Wisconsin, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 106
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6. To require the overseer 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 re- spective towns in each year, as provided by law.
8. To lay out and establish upon actual sur- veys, 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 unnec- essary, and to widen or alter such roads when they shall deem it necessary for publie conven- ience and perform all other duties respecting highways and bridges directed by this chapter.
INTOXICATING LIQUORS.
SECTION 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
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in quantities of less than one gallon of strong, spiritnous, malt, ardent or intoxicating liquors, to be drank on the premises ; and in like man- ner may grant licenses for the sale in any quantity of such liquor not to be drank on the premises. The sum to be paid for sneh license for the sale of such liquor to be drank on the premises shall not be less than $25 nor more than $150 ; and for the sale of such liquors not to be drank on the premises shall be not less than $10 nor more than $40.
SECTION 1549. Every applicant for such license shall, before delivery thereof, file with such town, village or eity clerk a bond to the State in the sum of $500, with at least two sureties, to be approved by the anthorities granting the license, who shall each justify in double its amount over and above their debts and liabilities and exemptions, and be free- holders 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 implements for that purpose, within his prem- ises or any other house, yard or shed appertain- ing thereto ; that he will not sell or give away any intoxicating liquors to any minor, having good reason to believe him to be such, unless upon the written order of the parents or guard- ian 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 by any person, and that he will 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 be recovered against the principal named
in said bond, by reason of any breach in the conditions thereof, or for any penalties of for- feitures incurred under this chapter. If more than one judgment shall have been recovered, the court, in its discretion, may apply the pro- ceeds of said bond toward the satisfaction of said several judgments, in whole or in part, in such manner as it may see fit.
SECTION 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 ob- tained license therefor, according to the pro- visions of this chapter, he shall be deemed guilty of a misdemeanor, and, on conviction thereof shall be punished by a fine of not less than $10 nor more than $40, besides the costs of suit, or, in lien of such fine, by imprison- ment 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 per- son during any one year, punishment may be by both fine and imprisonment, in the disere- tion of the court.
SECTION 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 rednee sneh complaint to writing and canse 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 immedi- ately issue his warrant reciting therein the sub- stance of sneh complaint and requiring the officer to whom such warrant shall be directed
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forthwith to arrest the aceused 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.
SECTION 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.
SECTION 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 creditably informed that any offense has been committed against the provisions of this chap- ter, shall make complaint against the person so offending within their respective towns, vil- lages or cities to a proper justice of the peace therein, and for every neglect or refusal so to do, every such officer shall forfeit $25, and the treasurer of such town, village or city shall prosccute therefor.
SECTION 1557. Any keeper of any saloon, shop or place of any name whatsoever for the sale of strong, spiritnous or malt liquors to be drank on the premises in any quantity less than one gallon, who shall sell, vend, or in 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 within one mile of either of the hospitals for the in- sane; and a y 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.
SECTION 1675. All notes in writing made and signed by any person or for any corporation, and all certificates of the deposit of money is- sued by any person or corporation, whereby he or it shall promise to pay to any person or or- der, or unto the bearer any sim of money as therein mentioned, shall be due and payable as therein expressed, and shall have the same ef- fect and shall be negotiable in like manner as inland bills of exchange, according to the cus- tom 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 per- son, and no obligation or instrument made by such corporation or any officer thereof, unless expressly authorized by law to be made negoti- able, shall be, or shall be deemed to be, negoti- able according to the custom of merchants, in whatever form they may be drawn or made.
SECTION 1680. On all bills of exchange pay- able at sight, or at future day certain, within this State, and all negotiable promissory notes, orders and drafts payable at a future day cer- tain, within this State, in which there is not an expressed 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 cer- tain period after date or sight. The provisions of this section shall not extend to any bill of exchange, note or draft payable on demand.
SECTION 1684. All notes, drafts, bills of ex- change or other negotiable paper, maturing on Sunday or upon any legal holiday shall be dne and payable upon the next preceding secular day.
HOURS OF LABOR.
SECTION 1728. In all manufactories, workshops and other places used for mechanical or manu- facturing purposes, the time of labor of children under eighteen years of age and of women em-
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HISTORY OF VERNON COUNTY.
ployed therein, shall not exceed eight hours in one day; and any employer, stockholder, direct- or, officer, overseer, clerk or foreman who shall compel any woman or any child to labor exceed- ing 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 children sufficient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or workshop where more than three persons are employed, or who shall employ any child of twelve and un- der fourteen years of age in any such factory or workshop for more than seven months in any one year shall forfeit not less than $5 nor more than $50 for each such offense.
SECTION 1729. In all engagements to labor in aty manufacturing or mechanical business where there is no express contraet to the con- trary, a day's work shall consist of eight hours and all engagements or contracts for labor in such cases shall be construed; but this shall not apply to any contract for labor by the week month or year.
FORM OF CONVEYANCES.
SECTION 2207. A deed of quit claim and release of the form in common use 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.
SECTION 2208. Conveyanees of land may be in substantially the following form:
WARRANTY DEED.
A. B., grantor of - Co., Wis., hereby con- veys and warrants to C. D., grantee, of - Co., Wis., for the sum of - dollars, the fol- lowing tract of land in - county.
(Here describe the premises.)
Witness the hand and seal of said grantor this - day of -, 18 --.
In the presence of S
SEAL] SEAL
QUIT CLAIM DEED,
A. B., grantor, of - Co., Wis., hereby quitelaims to C. D., grantee, of - Co., Wis., for the sum of - dollars, the following tract of land - county.
(Here describe the premises.)
Witness the hand and seal of said grantor, this - day of -, 18 -. In the presence of SEAL.] SEAL.|
Such deeds, when executed and acknowledged as required by law, 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 inenmbrances, and that the grantor, his heirs and personal representatives will forever war- rant 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, priv- ileges and appurtenances thereto belonging.
MORTGAGES.
SECTION 2209. A mortgage may be substan- tially in the following form:
A. B., mortgagor, of - Co., Wis., hereby mortgages to C. D., mortgagee, of - Co., Wis., for the sum of - dollars, the following traet of land in - county.
(Ilere describe the premises.)
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HISTORY OF VERNON COUNTY.
The mortgage is given to secure the following indebtedness:
(Here state amount or amounts and form of indebtedness, whether on note, bond or other- wise, 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 --. 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, appurtenances thereunto be- longing in pledge to the mortgagee, his heirs, assigns and legal representatives for the payment of the indebtedness therein set forth, with cov- enant from the mortgagor that all taxes and assessments levied and assessed upon the land described during the continuance of the mort- gage 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 fore- closed 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.
SECTION 2210. An assignment of a mortgage substantially in the following form:
For value received I, A. B., of -, Wis., hereby assign to C. D , of -, Wis., the with- in mortgage (or a certain mortgage executed to -, by E. F. and wife, of - Co., Wis., the - day of -, 18-, and recorded in the office of the register of deeds of - Co., Wis., in Vol. - , of mortgages, on page -), together with the - and indebtedness therein men- tioned.
Witness my hand and seal, this - day of -- 18 -.
In the presence of
A. B. [SEAL.]
Shall be sufficient to vest in the assignee for all purposes all the rights of the mortgagee un- der the mortgage, and the amount of the in- debtedness due thereon at the date of assign- ment such assignment when indorsed upon the original mortgage shall not require an ac- knowledgment in order to entitle the same to be recorded.
TITLE TO REAL PROPERTY BY DESCENT.
SECTION 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 pro- vided in the next section, in the manner follow- ing:
1. In equal shares to his children and to the lawful issue of any deceased children, 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 hus- band, if she shall have one at the time of her decease, and if she 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 sis-
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HISTORY OF VERNON COUNTY
ters 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 re- mote; 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 chil- dren of the same parent and to the issue of any such other children who shall have died, by right of representation.
6. 1P, 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 inheri- tance from his said parent, shall descend to all tue 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.
SECTION 2271. When the owner of the home- stead shall die, not having lawfully devised the same, 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 issne according to the preceding section.
4. If he shall leave no issue or widow, such homestead shall descend under the next pre- ceding section, subject to lawful liens thereon.
WILLS.
SECTION 2277. Every person of full age, and any married woman of the age of eighteen years and upward, being of sound mind, seized in his or her own right of any lands, or of any right thereto, or entitled to any interest there- in, descendible to his or her heirs, may devise and dispose of the same by last will and testa- ment in writing ; and all such estate not dis- posed of by will, shall descend as the estate of any intestate, being chargable, in both cases, with the payment of all his or her debts, except as provided in the next preceding chapter, and in section 2280.
SECTION 2278. Every devise of land in any will shall be construed,to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear by the will that the devisor intended to convey a less estate.
SECTION 2279. Any estate, right or interest in lands acquired by the testator, after the making of his will, shall pass thereby in like manner as if possessed at the time of making the will, if such shall manifestly appear, by the will, to have been the intention of the testator.
SECTION 2280. When any homestead shall have been disposed of by the last will and tes- tament of the owner thereof, the devisee shall take the same, free of all judgments and claims against the testator or his estate, except mort- gages lawfully executed thereon, and laborers' and mechanics' liens.
SECTION 2281. Every person of full age, and every married woman of the age of eighteen years and upward, being of sound mind, may,
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HISTORY OF VERNON COUNTY.
by last will and testament in writing, bequeath and dispose of all his or her personal estate re- maining at his or her decease, and all his or her rights thereto and interest therein, subject to the payment of debts; and all such estate not disposed of by the will shall be adminis- tered as intestate estate.
SECTION 2984. All beneficial devises, lega- cies and gifts whatsoever, made or given in any will to a subscribing witness thereto, shall be wholly void, unless there be two other com- petent subscribing witnesses to the same ; but a mere charge on the lands of the devisor for the payment of debts, shall not prevent his creditors from being competent witnesses to his will.
SECTION 2285. But if such witnesses, to whom any beneficial devise may have been made or given, would have been entitled to any share of the estate of the testator, in case the will was notestablished, then so much of the share that would have descended or been distributed to such witness as will not exceed the devise or bequest made to him in the will, shall be saved to him and he may recover the same of the devisees or legatees named in the will, in pro- portion to and out of the parts devised or be- queathed to them.
SECTION 2286. When any child shall be born after the making of his parent's will, and no provision shall be made therein for him, such child shall have the same share in the estate of the testator as if he had died intestate ; and the share of such child shall be assigned to him, as provided by law, in case of intestate estates, unless it shall be apparent from the will that it was the intention of the testator that no provision should be made for such child.
SECTION 2290. No will, or any part thereof, shall be revoked, unless by burning, tearing, cancelling or obliterating the same, with the intention of revoking it, by the testator, or by some person in his presence and by his direc- tion, or by some other will or codicil in writing, executed as prescribed in this chapter, or by
some other writing, signed, attested and sub- seribed in the manner provided in this chapter, for the execution of a will; excepting only that nothing contained in this section shall pre- vent the revocation implied by law, from sub- sequent change in the condition or cireum- stance of the testator. The power to make a will implies the power to revoke the same.
ADOPTION OF CHILDREN.
SECTION 402t. Any inhabitant of this State may petition the county court, in the county of his residence, for leave to adopt a child not his own by birth; but no such petition made by a mar- ried person shall be granted, unless the husband or wife of the petitioner shall join therein, nor shall any such petition be granted, unless the child, if of the age of fourteen years or more shall consent thereto in writing, in the presence of the court.
SECTION 4022. No such adoption shall be made, without the written consent of the living parents of such child, unless the court shall find that one of the parents has abandoned the child, or gone to parts unknown, when such consent may be given by the parent, if any, having the care of the child. In case where neither of the parents is living, or if living, have abandoned the child, such consent may be given by the guardian of such child, if any; if such child has * no guardian, such consent may be given by any of the next of kin of such child, residing in this . State, or, in the discretion of the court, by some suitable person to be appointed by the conrt.
2. In case of a child not born in lawful wed- lock, such consent may be given by the mother, if she is living, and has not abandoned such child.
SECTION 4023. If upon such petition and consent, as herein provided, the county court shall be satisfied of the identity and the relation of the persons, and that the petitioners are of sufficient ability to bring up, and furnish suit- able nurture and education for the child, hav- ing reference to the degree and condition of its parents, and that it is proper that such
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HISTORY OF VERNON COUNTY.
adoption shall take effect, such court shall make an order, reciting said facts that from and after the date thereof, such child shall be deemed, to all legal intents and purposes, the child of the petitioners; and by such order the name of such child may be changed to that of the parents by adoption.
SECTION 4024. A child so adopted, shall be deemed for the purposes of inheritance and suc- cession by such child, custody of the person and the right of obedience by such parents by adop- tion, the same to all intents and purposes as if such child had been born in lawful wedlock of such parents by adoption, except that such child shall be capable of taking property expressly limited to the heirs of the body of such parents.
The natural parents of such child shall be de- prived, by such order of adoption, of all legal rights whatsoever, respecting such child, and such child shall be free from all legal obligations of maintainance and obedience to such natural parents.
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