the distance actually and necessarily traveled in summoning such jurors.

SECTION 2. All acts or parts of acts contravening or inconsistent with this act are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 11, 1869.

Section 15 amended.

Form of de

CHAPTER 175.

[Published March 16, 1869.]

AN ACT to amend sections 6, 15 and 29 of chapter 130 of the general laws of 1868, entitled "an act to provide for the assessment of property for taxation and the levy of taxes thereon."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

scription upon folio

record.

of volume

SECTION 1. Section 15 of chapter 130 of the general laws of 1868, entitled "an act to provide for the assessment of property for taxation and the levy of taxes thereon," is hereby amended by adding thereto: "All subdivisions of sections undescribable by fractional relative terms may be described by reference to the county records thus: acres, as described on of deeds. To enable the assessor to describe lands which cannot be described by such reference or by fractional relative parts of sections, he may call into his aid a competent surveyor whose fees for aid rendered under such call shall be a charge against the lands surveyed by him, and shall be included and collected with the tax of the year of such survey, and carried out against the land so surveyed by the officer whose duty it is to apportion and extend taxes: provided, that the town board, common council and board of trustees shall refund to the owner of any land so surveyed, the sum so collected from him for such survey had, upon proof to such board or common council that a correct description of such land was of record on folio of volume of deeds of the county in which such land is assessed before

such survey, or that such land could have been described accurately by fractional relative terms: provided, also, that no lot or tract of land shall be resurveyed for assessment purposes under the provisions of this act, so long as said lot or tract remains unsubdivided."

amended.

SECTION 2. Section 29 of said chapter is hereby Section 29 amended by striking out, "to enable said clerk to properly correct defective descriptions he may call to his aid the county surveyor, whose fees therefor shall be paid by the town."

amended.

SECTION 3. Section 6 of the act of which this act Section 6 is amendatory is hereby amended by striking out the words, "fifteenth day of May," where they occur in said section and inserting the words, "10th day of October," in lieu thereof.

SECTION 4. There shall be annually elected in each But one assesstown and ward of any city or incorporated village, when or to be efected. such ward continues [contains] an assessment district at the annual town or city election, one assessor who shall hold his office for the term of one year, excepting in cities where a different number of assessors and a different manner of electing or appointing the same, is or may be provided by the charter or the laws amendatory thereof.

SECTION 5. Whenever in said chapter 130 of the construed. general laws of 1868, the term, "board of assessors is used, it shall be construed to mean the "assessor as provided in the preceding section.

SECTION 6. This act shall take effect and be in force from and after its passage and publication. Approved March 11, 1869.

May amend complaint.

CHAPTER 176.

[Published March 16, 1869.]

AN ACT to amend chapter one hundred and fifty-three of the revised statutes, entitled "of the lien of mechanics and others."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. In all actions which shall hereafter be commenced, and in all actions which have been commenced and are now pending to enforce a lien under the provisions of this chapter, when it shall appear on the trial that the party defendant is not the owner of the premises against which a lien is claimed, but that the premises are owned either by the husband or wife of the defendant, the plaintiff shall be allowed to amend his complaint, and also his petition for a lien, by making the party claiming to own the premises a party defendant, and in case a continuance of said cause is necessary in consequence of said amendment, it shall be continued without costs to the plaintiff.

SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 11, 1869.

CHAPTER 177.

[Published March 16, 1869.]

Section 95 amended.

AN ACT to amend sections 95 and 96 of chapter 155 of the general laws of 1863, entitled "an act to codify the laws of this state relating to common schools."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Section 95 of chapter 155 of the general laws of 1863 is hereby amended so as to read as fol

of school super

lows: The compensation of the county superintendent Compensation of schools shall be fixed by the county board of super- intendent. visors, and shall be paid quarterly in cash by the county treasurer; and the supervisors may decide whether said compensation shall be an annual salary or a per diem, to be estimated and prescribed by said supervisors as follows: In counties and districts containing more than five thousand and less than ten thousand inhabitants, if the compensation be an annual salary, it shall not be less than five hundred dollars nor more than eight hundred dollars; and in counties and districts containing more than ten thousand inhabitants, it shall not be more than fifteen hundred dollars nor less than eight hundred dollars. If the supervisors of any county shall decide that the compensation of the superintendent shall be a per diem, they shall fix the same at not less than three dollars nor more than five dollars; and they may limit the number of days service to be rendered by the superintendent so that the whole sum to be paid him in any one year, in a county containing more than five thousand and less than ten thousand inhabitants, shall not exceed eight hundred dollars nor be less than five hundred dollars, and in a county containing more than ten thousand inhabitants, shall not exceed fifteen hundred dollars nor be less than eight hundred dollars: provided, that each superintendent serving for a per diem, shall present to the clerk of the board of supervisors, quarterly, before receiving the compensation due him, a sworn statement showing the number of days actually and necessarily spent by him in the discharge of his duties during the preceding quarter; and no compensation shall be allowed him for any other than the days thus specified. The board of supervisors shall allow for stationery, postage and printing, such amount as the county superintendent shall certify to be actually necessary, not exceeding one hundred dollars in counties and districts containing less than five thousand inhabitants, and two hundred dollars in counties and districts containing more than five thousand.

amended.

Cities may be

SECTION 2. Section 96 of said chapter 155 is here- Section 96 by amended so as to read as follows: Every incorporated city having a board of education, a superintend- exempt. ent of schools, or other board or officer with power to examine and license teachers, and supervise and manage

the schools, shall be exempt from the provisions of this act relating to county superintendents of schools, except in the matter of making reports to the superintendent of the district in which such city is situated. The electors of such city shall have no voice in electing a county superintendent, nor shall the members of the county board of supervisors from said city have any voice in determining or providing for the compensation of such county superintendent, or in any other matter relating to such officer; nor shall any tax be levied on said city to pay the salary or per diem of such superintendent, nor shall the population of such city bể enumerated or counted with the other inhabitants of the county by the board of supervisors in estimating or determining the compensation of such superintendent. SECTION 3. This act shall take effect and be in force froin and after its passage and publication. Approved March 11, 1869.

Not to destroy insect-devouring birds.

Penalty.

CHAPTER 178.

[Published March 23, 1869.]

AN ACT to protect insect-devouring birds near cities in the state of Wisconsin.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. It shall not be lawful for any person to destroy, or kill by any device whatsoever, brown thrushes, blue birds, martin, swallow, wren, cat-bird or any other insect-eating bird of any kind: provided, the same shall be within two miles of any incorporated city of this state.

SECTION 2. And any person who shall violate in any manner the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not less than five dollars nor more than twenty-five dollars. Justices of the peace shall have concurrent jurisdiction of the of fense mentioned in this act: provided, that any person