USA > Wisconsin > Sauk County > The history of Sauk County, Wisconsin, containing an account of settlement, growth, development and resources biographical sketches the whole preceded by a history of Wisconsin > Part 41
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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
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HISTORY OF WISCONSIN.
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 per- son 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 punish- ment 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 com- plaint 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 com- plaint and requiring the officer to whom such warrant shall be directed forthwith to arrest the accused and bring hin before such Justice, to be dealt with according to law ; and the same war- rant 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 credi- bly 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 pros- ecute 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 mer- chants. 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
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ABSTRACT OF LAWS.
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 cer- tain, 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 work- shop 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 not 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.
A B, grantor of - County, Wisconsin, hereby conveys and warrants to C D, grantee,
of - County, Wisconsin, for the sum of dollars, the following 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 )
SEAL. ]
QUITCLAIM DEED. SEAL.]
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, (Here describe the' premises ) Witness the hand and seal of said grantor this - day of -- , 18 -. In presence of
SEAL.
SEAL.]
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HISTORY OF WISCONSIN.
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 guaran- tees 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 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 prem- ises 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, Wisconsin, hereby mortgages to C D, mortgagee, of County, Wisconsin, for the sum of - dollars, the following tract of land in County.
(Here describe the premises.)
This mortgage is given to secure the following indebtedness :
'Here state amount or amounts und 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 -. 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 assess- ments 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 - Wis- consin, the within mortgage (or a certain mortgage executed to - by E F and wife, of County, Wisconsin, the - day of , 18-, and recorded in the office of the Register of Deeds of County, Wisconsin, in Vol. - of mortgages, on page -), together with the- and indebtedness therein mentioned.
Witness my hand and seal this - day of -, 18 -. In presence of 1
A B. [SEAL.]
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ABSTRACT OF LAWS.
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 acknowledg- ment 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 ances- tors, 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 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 issue, 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.
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HISTORY OF WISCONSIN.
OF WILLS.
SEC. 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 therein, descendible to his or her heirs, may devise and dis- pose of the same by last will and testament in writing; and all such estate not disposed of by will, shall descend as the estate of an intestate, being chargeable, in both cases, with the pay- ment of all his debts or her debts, except as provided in the next preceding chapter, and in sec- tion twenty-two hundred and eighty.
SEC. 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.
SEC. 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.
SEC. 2280. When any homestead shall have been disposed of by the last will and testa- ment of the owner thereof, the devisee shall take the same, free of all judgments and claims against the testator or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens.
SEC. 2281. Every person of full age, and every married woman of the age of eighteen years and upward, being of sound mind, may, by last will and testament in writing, bequeath and dispose of all his or her personal estate remaining 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 dis- posed of by the will shall be administered as intestate estate.
SEC. 2284. All beneficial devises, legacies and gifts whatsoever, made or given in any will to a subscribing witness thereto, shall be wholly void, unless there be two other competent sub- scribing 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.
SEC. 2285. But if such witness, 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 not established, 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 proportion to and out of the parts devised or bequeathed to them.
SEC. 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 pro- vided 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.
SEC. 2290. No will, or any part thereof, shall be revoked, unless by burning, tearing, can- celing or obliterating the same, with the intention of revoking it, by the testator, or by some person in his presence, and by his direction, or by some other will or codicil in writing, executed as prescribed in this chapter, or by some other writing, signed, attested and subscribed in the manner provided in this chapter, for the execution of a will; excepting, only, that nothing con- tained in this section shall prevent the revocation implied by law, from subsequent changes in the condition or circumstances of the testator. The power to make a will implies the power to revoke the same.
OF THE ADOPTION OF CHILDREN.
SEC. 4021. 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 married person shall be granted, unless the husband or wife of the petitioner shall join therein ;
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ABSTRACT OF LAWS.
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.
SEC. 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 court.
2. In case of a child not born in lawful wedlock, such consent may be given by the mother, if she is living, and has not abandoned such child.
SEC. 4023. If upon such petition and consent. as herein provided, the County Court shall be satisfied of the identity and the relations of the persons, and that the petitioners are of suffi- cient ability to bring up, and furnish suitable nurture and education for the child, having refer- ence to the degree and condition of its parents, and that it is proper that such 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.
SEC. 4024. A child so adopted, shall be deemed for the purposes of inheritance and succes- sion by such child, custody of the person and right of obedience by such parents by adoption, and all other legal consequences and incidents of the natural relation of parents and children, the same to all intents and purposes as if such child had been born in lawful wedlock of such parents by adoption, excepting that such child shall not be capable of taking property expressly limited to the heirs of the body of such parents.
The natural parents of such child shall be deprived, by such order of adoption, of all legal rights whatsoever, respecting such child, and such child shall be freed from all legal obligations of maintenance and obedience to such natural parents
INTEREST.
The legal rate of interest is 7 per cent. A higher rate of interest, not exceeding 10 per cent, may be contracted for, but the same must be clearly expressed in writing. If a higher rate than 10 per cent is collected or paid, the party so paying may, by himself or his legal rep- resentative, recover treble the amount so paid above the 10 per cent, if the action is brought within one year, and all bills, notes, or other contracts whatsoever, whereby a higher rate than 10 per cent is secured, shall be liable for the principal sum, but no interest shall be recovered.
JURISDICTION OF COURTS.
The Circuit Courts have general jurisdiction over all civil and criminal actions within their respective circuits, subject to a re-examination by the Supreme Court.
The County Courts shall have jurisdiction over the probate matters in their respective counties, and shall have exclusive appellate jurisdiction in the counties of Brown, Dodge, Fond du Lac, Milwaukee and Winnebago in all cases of appeals from Justices of the Peace in civil actions, and all cases commenced in Justices' Courts therein, there shall be an answer put in, showing that the title of lands will come in question.
And such Courts shall have concurrent and equal jurisdiction in all civil actions and pro- ceedings with the Circuit Courts of said counties to the following extent respectively :
The County Court of Brown, when the value of the property in controversy, after deduct- ing all payments and set-offs, shall not exceed five thousand dollars.
The County Court of Dodge County, when such value shall not exceed twenty-five thousand dollars.
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HISTORY OF WISCONSIN.
The County Court of Fond du Lac, when such value shall not exceed twenty thousand dollars.
The County Court of Milwaukee, when such value does not exceed five million dollars.
The County of Winnebago, when such value does not exceed twenty thousand dollars.
They shall have jurisdiction of all actions for foreclosure where the value does not exceed the above amounts, and of all actions for divorce or for affirmation or annullment of marriage contract.
Justices of the Peace have jurisdiction in civil matters where two hundred dollars or less are involved.
The criminal jurisdiction of Justices extends to all cases where the fine is one hundred dol- lars, or the imprisonment six months.
JURORS.
All persons who are citizens of the United States, and qualified electors of the State shall be liable to be drawn as jurors, except as provided as follows :
The following persons shall be exempt from serving as jurors :
All officers of the United States, the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Superintendent and Treasurer ; all Judges, Clerks of Courts of Record ; all county officers, Constables, attorneys and counselors at law, ministers of the Gospel of any. religious society, practicing physicians, surgeons, dentists, and the President, professors and instructors of the University and their assistants, and of the several colleges and incorporated academies ; all teachers of the State Normal Schools, one teacher in eachi common school, the officers and employes of the several State institutions, one miller in each grist-mill, one ferry- man at each licensed ferry, one dispensing druggist in each prescription drug-store, all telegraph operators and superintendents, conductors, engineers, firemen, collectors and station-agents of any railroad or canal, while in actual employment as such ; all officers of fire departments, and all active members of fire companies organized according to law ; all persons more than sixty years of age, and all persons of unsound mind or subject to any bodily infirmity amounting to disability ; all persons who have been convicted of any infamous crime, and all persons who have served at any regular term of the Circuit Court as a grand or petit juror within one year, except he shall be summoned on a special venire or as a talesman.
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