votes cast shall be requisite to the establishing of said town library. The affirmative ballots shall read "for town library," and the negative ballots shall read against town library."

brarian.

SECTION 2. Such town, at its annual meeting is May elect lihereby empowered to elect, in each year, a librarian, who may hold his office for one year, or until his successor is elected or appointed and qualified. Whenever a vacancy in said office shall occur from any cause, the town board of supervisors are hereby empowered to fill such vacancy by appointment.

for library.

SECTION 3. Such town is hereby empowered to May make rules make all by-laws, rules and regulations pertaining to such town library. In case the town does not make by-laws, rules and regulations, as aforesaid, it shall be the duty of the librarian, under the advice of the town board of supervisors, to do the same.

donate books.

SECTION 4. Any school district may donate or sell District may any book or books belonging to the said district library, to the town in which it is situated, to form a part of the town library.

money.

SECTION 5. For the purpose of purchasing books, Town may raise furnishing a place to keep them and for paying the librarian for his services, the town may raise a sum of money, not to exceed one hundred and fifty dollars in any one year, such sum to be expended under the direction of the town board of supervisors.

ecute bonds.

SECTION 6. For performing the duties of his office, Librarian to exthe librarian may be required to execute a bond, to be approved by the town board of supervisors, in such sum as they may deem necessary.

SECTION 7. This act shall take effect and be in force from and after its passage. Approved March 6, 1868.

CHAPTER 175.

[Published March 13, 1868.]

Amended.

District officer may be re

AN ACT to amend section 124 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 124 of chapter 155 of the general laws of 1863, is hereby amended by adding to said section, at the end thereof, the words following viz: "and any school district officer may, for willful neglect moved, and how of any duty, be removed from office by the county judge of the county in which such school district officer shall reside. The application for such removal shall be by written petition of a majority of the legal voters of said school district in which such officer resides, or of any person aggrieved by such neglect of duty. Such petition shall contain a full statement of all charges preferred against such officer, and a copy of said petition, together with a notice of the time and place (within said county), when and where a hearing upon such petition will be had before the county judge, shall be served upon said school district officer at least ten days before such hearing. Upon the hearing, the officer so proceeded against, shall have full opportunity to be heard in his own defense, and the county judge shall have authority to administer oaths to witnesses offered in relation to the charges in such petition, and upon satisfactory proof of such neglect of duty, may, by order under his hand, remove such school district officer from his office, and in case of removal shall forthwith file such order in the office of the town clerk of the town in which the district affected by said order is situated, and shall also forthwith cause a copy of such order to be served upon each of the remaining officers of such district. And the person so removed from office shall not be appointed under section 50 of this chapter to fill the vacancy occasioned by such removal.

Pay of county judge.

SECTION 2. For all service performed under the provisions of this act the said county judge shall receive

from the county treasurer the sum of three dollars. for each day actually employed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 6, 1868.

CHAPTER 176.

[Published March 14, 1868.]

AN ACT to amend section 2, chapter 134 of the general laws of 1858, entitled "of evidence."

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

in his own be

SECTION 1. Section 2 of chapter 134 of the general Amended. laws of 1858, entitled "of evidence," is amended so as to read as follows: "A party to any civil action or Party examined special proceeding in any and all courts, and before half. any and all tribunals, and before any and all officers acting judicially may be examined as a witness on his own behalf or in behalf of any other party in the same manner and subject to the same rules of examination as any other witness: provided, that the assignor of a Proviso. thing in action shall not be examined on behalf of said party, nor shall a party to an action be examined in his own behalf in respect to any transaction or communication had personally by said assignor or said party, respectively with a deceased person against parties who are the executors, administrators, devisees, heirs at law, next of kin or assignees of such deceased person, where they have acquired title to the cause of action immediately from said deceased person, or have been sued as such by the executors, administrators, devisees, heirs at law, next of kin or assignees. But where such executors, administrators, devisees, heirs at law, next of kin or assignees, (but where such executors, administrators, devisees, heirs at law, next of kin, or assignees) shall be examined on their own behalf in regard to conversation or transaction had between the deceased person or said assignor or said party respectively, and

where the cause of action a [or] defence arose out of transactions with an agent of the deceased, and not with the deceased personally, and such agent be living and a witness, then the said assignor or the said party may be examined in regard to such conversation or transaction, but not in regard to any other matter; and be it further provided, that whenever in any action brought by or against any executor, administrator, devisee, next of kin, heirs at law, or assignee of any deceased person, a witness shall be called to establish any declaration, conversation, admission or transaction between such witness and the party prosecuting or defending in his own right, then and in all such cases, such party so sought to be charged may be examined in his own behalf touching such declaration, conversation, admission or transaction, the same as he might have done, had the opposite party brought or defended the action in his own right and not in a representative capacity, but not in regard to any new matter; but if the testimony of a party to the action or proceeding has been taken and he shall afterwards die, and after his death the testimony so taken shall be used upon any trial, or hearing in behalf of his executors, administrators, devisees, heirs at law, next of kin or assignees, the other party or the assignor of a thing in action shall be a competent witness as to any and all matters to which the testimony so taken relates, notwithstanding anything in this section to the contrary thereof.

SECTION 2. All acts and parts of acts contravening the provisions of this act (is) so far as the same are in contravention of the provisions hereof are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passsage.

Approved March 6, 1868.

CHAPTER 177.

[Published March 16, 1868.]

AN ACT to revise and amend chapter 50 of the revised statutes, entitled "of hawkers and peddlers."

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

SECTION 1. No person shall be allowed to travel Peddler2 shall from place to place within this state, for the purpose obtain license. of carrying to sell or exposing to sale any goods, wares or merchandise, or for the purpose of selling or offering to sell any patent right, territory for the sale, use or manufacture of patent rights or articles, unless he shall have obtained a license as a hawker or peddler in the manner hereinafter provided.

ties for license.

SECTION 2. Every person desiring to obtain a license as a hawker or peddler, shall apply to the secretary of state, through the treasury agent, and shall deliver to him a note in writing, signed by such applicant, or his authorized agent, and stating in what manner the applicant intends to travel and trade, or solicit trade, whether on foot or with one or more horses or other beasts of burden, or by railroad, or in any manner for the purpose of soliciting trade by sample or otherwise. SECTION 3. Every such applicant, before he shall be Amount of duentitled to such a license, shall pay into the state treasury the following duties: if he intends to travel on foot, the sum of five dollars; if he intends to travel and carry his goods with a single horse or other beast carrying or drawing a burden, the sum of fifteen dollars; if he intends to travel with any vehicle or carriage drawn by two horses or other animals, the sum of forty dollars; and if he intends to travel with more than two horses, or other animals drawing any sort of carriage, the sum of fifty dollars; if he intends to travel by railroad, steamboat or any other public conveyance, the sum of fifty dollars; and if he intends to travel in any manner, for the purpose of taking or soliciting orders for goods, wares or merchandize, by sample, lists, catalogues, or otherwise, the sum of twenty-five dollars.