How estimated. Delinquent towns to be no. tified. county board of supervisors, a sum of money equal to one-half the amount received from the school fund by the apportionment of 1861, are hereby authorized to supply such deficiency by an immediate assessment upon the taxable property of said town [towns] of such sums as shall be necessary; the same to be estimated and directed by the town board of supervisors of the respective towns, to be levied and collected in the same manner as other taxes, and such levy and collection to be certified to by the town clerk to the state superintendent, previous [previously] to the apportionment of the income of the school fund for the present year. SECTION 2. The state superintendent of public instruction is hereby instructed to notify any delinquent towns, as shall appear from returns in his office, of the passage and provisions of this act; and he is authorized to apportion to such towns as comply with the provisions of this act, the sums of money they may thereby be entitled to. SECTION 3. This act shall take effect and be in force. from and after its passage and publication. Approved February 11, 1862. Repeal CHAPTER 17. [Published February 13, 1862.] AN ACT to repeal a portion of chapter 274 of the general laws of 1861, entitled "an act to allow the party defendant to testify in his own behalf in certain criminal actions." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Sections two and three of chapter two hundred and seventy-four of the general laws of 1861, entitled "an act to allow the party defendant to testify in his own behalf in certain criminal actions," are hereby repealed. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 11, 1862. CHAPTER 18. [Published February 13, 1862.] AN ACT to amend chapter 294 of the laws of 1852, entitled " an act in relation to public schools in the city of Racine." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section eighteen of chapter two hun- Amendment. dred and ninety-four of the laws of 1852, entitled "an act in relution to public schools in the city of Racine," is hereby amended by striking out the words in the first and second lines of said section, "at least fifteen days before the annual election for commissioners," and inserting in lieu thereof the words, "between the first and tenth days of September." SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 11, 1862. CHAPTER 19. [Published February 13, 1862.] AN ACT to amend chapter 98 of the general laws of 1861, entitled "an act to amend and consolidate an act entitled 'an act to incorporate the city of Racine, in the county of Racine,' approved August 8th, 1848, and the several acts amendatory thereof." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Board of educa of schools. SECTION 1. Section thirteen of chapter ninety-eight tion may appoint of the general laws of 1861, entitled "an act to amend superintendent and consolidate an act entitled 'an act to incorporate the city of Racine, in the county of Racine,' approved August 8th, 1848, and the several act amendatory thereof," is hereby amended by striking out the words in said section," the president of the board of education. shall be ex officio superintendent of schools for said city," and inserting in lieu thereof the words, "the board of education shall appoint some suitable person superintendent of schools for said city, who shall hold وو SECTION 2. This act shall take effect and be in force CHAPTER 20. [Published February 14, 1862.] AN ACT to amend an act entitled "an act to incorporate the city How appeals may be tried as AN ACT to amend section 217 of chapter 120 of the revised stat- The people of the state of Wisconsin, represented in sen- SECTION 1. Section two hundred and seventeen of original cases. chapter one hundred and twenty of the revised statutes, is hereby amended by addding thereto, "provided, also, where judgment is rendered against the defendant, or in his favor, for a sum less than fifteen dollars, exclusive of costs, if such defendant, at the time of appealing, shall make oath that he has a valid claim against the plaintiff, as set forth in his answer, exceeding the sum of fifteen dollars over and above the claim of the plaintiff, as set forth in his complaint, as he verily believes, the action shall be tried in the appellate court as cases originally brought there; but the parties may, by consent appearing on the return of the justice, admit such return, or any part thereof, as evidence on the trial of the appeal." SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 11, 1862. CHAPTER 22. [Published February 17, 1862.] AN ACT to amend chapter 174 of [the] general laws of 1860, entitled "an act regulating railroads.' The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: License 3 per SECTION 1. Section one of chapter 174 of the gen- cent. of gross eral laws of 1860, entitled "an act regulating rail- earnings. roads," is hereby amended by striking out the word "one" in the eighth line, and inserting the word "three" in place thereof; and section two of said act is hereby also amended by striking out the word "one" in the ninth line, and inserting the word "three" in place thereof. Companies that have obtained li- censes, to make additional pay SECTION 2. If any railroad company has obtained a license to operate its road, for the current year, under said chapter one hundred and seventy-four, and has ments. made payment therefor before the passage of this act, such railroad company shall, on or before the twentieth day of February, 1862, make to the state treasurer such additional payment as, with its former payment, will amount to three per centum on its gross earnings; and in case of the refusal of any railroad company to make such additional payment, its license is hereby declared to be revoked and void, and said company is to be revoked. dealt with under said chapter one hundred and seventyfour, in all respects, as if no license had been obtained by said company. License may be urer to pay back SECTION 3. On the default of any railroad company When state treasto make the additional payment required by this act, the amount paid. state treasurer is hereby required and directed to tender and pay back to such railroad company the amount paid by such company for license to operate its road for the present year, and such sum or sums are hereby When licenses to be issued, and when to commence. Part of payment may be deferred appropriated to this purpose out of any money in the treasury not otherwise appropriated. SECTION 4. No license shall be granted or issued by the state treasurer to any railroad company, to operate its railroad, before the first day of February, in each year; and every such license shall commence on the first day of January in the year in and for which the same is issued, and shall expire, unless sooner lawfully revoked, on the thirty-first day of December next succeeding the date of its issue. SECTION 5. The payment of one-half of the sum reantil Aug. 20. quired to be paid for such license, may be deferred until the twentieth day of August, in each year, and the state treasurer shall insert in each license a proviso, that if the arrearages so to become due upon said license are not paid on or before the said twentieth day of August next ensuing, said license shall be forfeited, and the party so defaulting shall be proceeded against as provided in section three of the act of which this is amendatory. Amendment. SECTION 6. Section six of the said chapter one hundred and seventy-four, is hereby amended by striking out the words "any of the cities of," where they occur in the last line of said section. SECTION 7. This act shall take effect and be in force from and after its passage. Approved February 15, 1862. What portion of Lake CHAPTER 23. [Published February 19, 1862.] AN ACT to change the boundary line between the counties of The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. All that portion of the county of Martached to Green quette lying east of Grand river and south of the Fox river, (being fractional parts of sections number one, in township fourteen north, range ten east, and thirty-five, twenty-five, and the whole of section thirty-six, in town |