payable and

be brought upon the official bond of such officer. And this provision shall be construed to attend to all cases of violations of official duties not provided for by this act. SECTION 44. All bonds, directed to be taken by Bonds, how this act, shall be made payable to the board of county how prosecuted. commissioners of the proper county; and all suits brought thereon, shall be prosecuted in the corporate name of the board of county commissioners, and if brought for the use or benefit, or by the direction of any person or persons, such suit shall be brought in the corporate name of the board of county commissioners, on the relation of such person or persons. And several rights may be prosecuted in the same suit on such bond, and one judgment entered thereon shall be no bar to other rights; but the board of county commissioners or any person having right thereto, may have the defendants to such judgment again summoned, by scire facias, to show cause why execution should not be had on such judgment, for the debt or damages supposed to be due, owing, or belonging to the party complaining, as often as such right may accrue.

withholding

money.

SECTION 45. Any officer, withholding the payment Penalty for of any moneys belonging to the county after the same shall be demanded or become due, shall be liable to pay five per centum in damages, and ten per centum interest per annum, from the date of such defalcation, to be recovered of such officer and his securities or either of them, by action as in other cases. And the accounts in favor of the county, in all cases upon the trial against all and every person or persons, charged on the books of the board of county commissioners, and certified to be true by the clerk of said board of commissioners, as above provided in the case of collections, and authenticated by their seal, shall be evidence in all cases of debtors of the charges therein stated, and put the defendant upon his defence to the demand.

SECTION 46. The sheriff, before he enters upon the Collector, how duties of his office as collector, shall take an oath or to be qualified. affirmation before some person authorized to administer the same, that he will well and truly perform the duties of his office as collector, and shall enter into bond to be filed with the clerk, with security to be approved of by the board of county commissioners, in the penalty of fifteen thousand dollars, conditioned for TER. LAWS-26

Merchants to

the faithful performance of the duties of his office as prescribed by law. And such collector may appoint as many deputies as he may think necessary or proper, who shall be sworn and possess the same power and authority as his principal, such collector being at all times responsible for the acts of his deputies. And should any deputy fail to pay over any moneys collected by him, as such for county revenue, such principal is hereby authorized to proceed against him in the same summary manner as is provided for proceed. ing against collectors in like cases.

SECTION 47. Be it further enacted, That no mer obtain license. chant, pedler or other person or persons, company or corporation, shall hereafter be permitted to vend, sell or retail at private sale, any goods, wares or merchandize, without first having obtained a license for that purpose from the board of county commissioners of the proper county, in which such goods, wares or mer chandize may be offered for sale; for which he or they at the granting thereof shall pay into the county treas urer for the use of such county, such sum as shall be assessed by the said board, not less than ten nor more than fifty dollars. Which license, when thus procur ed, shall authorize the applicant or applicants to whom the same may be granted, to vend, sell and retail goods, wares and merchandize in such county for the term of one year from the time of granting the same; but no such license as aforesaid shall authorize any person or persons to vend or peddle clocks in this territory, but in order to authorize any person to vend or peddle clocks he shall procure a special license for that purClock pedlers. pose in the manner herein prescribed. And the board of county commissioners may grant licences to vend ers and pedlers of clocks, for any term not less than three months nor more than one year, which shall authorize such person or persons to vend and peddle clocks within the county for the time specified in such license. The person or persons so applying shall pay a sum not less than twenty-five nor more than seventy-five dollars per quarter of a year, for the use of the county. But any resident in this territory may sell or peddle without license any articles not prohibited by law, except clocks, if such articles shall have been produced or manufactured within this territory by the person selling or peddling the same.

SECTION 48. In all cases when the said board of When clerk to commissioners shall not be in session, when application conditionally. grant licenses is about to be made for a license as aforesaid, it shall be lawful for the clerk of such board to grant a written permission to such applicant or applicants, to vend, sell and retail goods, wares and merchandize as aforesaid until the next meeting of said board of county commissioners, to be holden after the granting of such permit, and for one year from the date thereof if the said board of commissioners at their said next meeting shall, upon examination and consideration approve the same: provided, such applicant or applicants shall first pay into the county treasury for the use aforesaid, such sum as the said clerk in his discretion shall direct, in conformity with the rate prescribed in the foregoing section, and as shall be usual in similar cases; for each of which permits or licenses when granted the clerk shall receive one dollar, to be paid by such applicant.

SECTION 49. When a permission is granted by the How confirmed. clerk in vacation as aforesaid it shall be the duty of the board of commissioners at their next session thereafter to examine such permit and to proceed forthwith to assess the amount of the tax to be paid in such case as in the case of an original application; and if the tax thus assessed shall correspond with the amount fixed by the clerk as aforesaid they shall cause a license to be issued to the applicant or applicants for the term of one year commencing with the date of the permit. If a greater sum shall be assessed than that fixed by the clerk the applicant or applicants shall forthwith be required to pay over the residue to the county treasurer under the penalty of forfeiting the amount already paid and of having his, her or their permit revoked; but if a less sum shall be assessed it shall be the duty of the board of commissioners to order a warrant to be drawn on the treasurer in favor of such applicant or applicants for the overplus, payable out of any money in the county treasury not otherwise appropriated.

out license.

SECTION 50. If any person or persons, company Penalty for sellor corporations, shall, directly or indirectly keep a ing goods with store or shall sell or retail any goods, wares or merchandize, (except as hereinbefore excepted) without being duly authorized by a license or permit as afore

said, such person or persons, company or corporations so offending, shall forfeit and pay any sum not exceed ing one hundred dollars nor less than ten dollars, to be recovered by action of debt, in the name of the board of commissioners of the proper county, for the use of the county, before any justice of the peace or court of record having jurisdiction of the same; in all of which cases it shall be the duty of the county commissioners, sheriffs, coroners, justices of the peace, constables and clerks of the several courts in this territory, and lawful for any other person or persons in case of their neglect, to cause such offenders to be sued, and the suit or suits prosecuted to effect, and bail may be required in such cases without affidavit, if the court or justice in their discretion shall deem the same necessary, to secure the county in the ultimate payment of any such penalty.

SECTION 51. Be it further enacted, That no person or persons, applying for a license or permit, shall be entitled to the same until he, she or they file, with the clerk of the board of commissioners, a receipt from the county treasurer for the amount ordered to be paid by such applicant, agreeably to the provisions of this act; and such receipt shall be charged in account against said treasurer, on the books of said board of commissioners.

SECTION 52. Be it further enacted, That from and after the first organization of the board of county commissioners under the provisions of the act organizing boards of county commissioners, in the several counties in this territory, all acts and parts of acts contravening any of the provisions of this act, are hereby repealed and of no effect.

Approved January 18, 1838.

Times of holding elections

No. 69.

AN ACT providing for, and regulating general elections in this territory.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That an election for delegate to congress, and members of the

house of representative of this territory, shall take place on the first Monday in August next, and on the same day in every second year thereafter; an election for the members of the council of this teiritory, shall take place on the first Monday in August, 1840, and on the same day in every fourth year thereafter; an election for county, town and district officers, shall take place on the first Monday in March next; on the first Monday in August, 1838, and on the first Monday in August in each succeeding year; and all general and special elections for delegates to congress, members of the council and house of representatives, and all county, town and district officers shall be conducted in the manner hereinafter prescribed.

tion, how ap

SECTION 2. That the county commissioners shall Judges of elec. respectively, at their regular annual session in April, pointed, preceding the general election, appoint three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election, at any election precinct, and for each of the polls of election, as provided for in the act setting off and establishing towns or districts, (as the case may be); and the clerk of the said board of commissioners, shall make out and deliver to the sheriff of the county immediately after the appointment of said judges, a notice thereof and notified. in writing directed to the judge so appointed; and it shall be the duty of the said sheriff, within twenty days after the receipt of said notice, to serve said notice upon each of the said judges of election. The said judges shall choose two persons having similar qualifications with themselves, to act as clerks of the election. The said judges of election shall be and May appoint continue judges of all elections of civil officers, to be held at their respective precincts until other judges shall be appointed, as hereinbefore directed; and the said clerks of election may continue to act as such during the pleasure of the judges of election. And the county commissioners shall, from time to time, fill all vacancies which may take place in the office of judge of the election, at any election precinct within their respective counties.

their clerks.

out notices.

SECTION 3. That the clerks of the several boards Clerk to make of county commissioners, shall, at least fifty days previous to any general election, and at least twenty days previous to any special election, make out and deliver