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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http : //books . google . com/| The Law School Gift of V\ MufusE.Raglantl i V vy ^. .if. HPlimw^iMn "■ ■• ■!■ I • THE LAWS OP THE STATE OF KANSAS. ^^' PASdED AT THE FOURTEENTH ANNUAL SESSION OF THE LEGISLATURE, COMMENCED AT THE STATE CAPITAL .ON TUESDAY, JAN. 13, 1874. TOGETHER WITH LISTS OF STATE OFFICERS, AND MEMBERS AND OFFICERS OF BOTH BRANCHES OF * THE LEGISLATURE. I TOPEKA, KANSAS. STATE PRINTING WORKS: GEO. W; MARTIN; PUBLIC PRINTER. 1874. AUTHENTICATION. I, W. H. Smallwood, Secretary of State of the State of Kansas^ do hereby certify that the printed Acts and Resolutions contained in this volume are true and correct copies of the enrolled Laws and Joint Reso- lutions which were passed at the regular session of the State Legislature, for the year eighteen hundred and seventy-four, with the exception of the clerical errors appearing inclosed in brackets; and I fiirther certify that all Laws and Joint Resolutions contained in this volume, not having taken eflPect by publication in sotoe newspaper, as per certificate thereunto annexed, will take effect and be in force from and after the 25th day of April, A. D. 1874, (except when otherwise provided by law.) Given under my hand and official seal, this 25th day of [seal.] April, A. D. 1874. W. H. 8MALLWOOD, Seordary of State. 359893 ► • « 4 • • ( 1 * % « » * * • INDEX TO OF AFTERS. ACTS LEGALIZED. •CHAPTBB. PAOB. 1 An Act to legalize a certain levy of taxes 1 2 An Act legalizing the acts of Levi Wilhelm and J. A. McKoon as Notaries Public 1 3 An Act to legalize the official acts of E. Walker, of Pottawatomie county, as Notary Public ! 2 4 An Act to legalize official acts of the City Council of the city of Minneapolis, a city of the third class, Ottawa county, Kansas 3 5 *An Act to legalize certain conveyances in Clay county : 3 6 An Act to legalize the action of the City Council of the city of White Cloud, in levying the city taxes for 1873 4 7 An Act to legalize the official acts of the several township assessors in Norton county 5 8 An A& to legalize conveyances in the city of Neodesha. 5 9 An Act legalizing the acts of Edward L. Bartlett as Notary Public 6 10 An Act to legalize certain acts of the Board of Commissioners of Clay county, Kansas 7 .11 An Act to legalize the acts of the R>ard of County CommissionerB of Pawnee county, Kansas, and W. S. Patton as County Assessor 8 12 An Act to legalize the organization of Ford county, and lor other purposes 8 13 An Act to legalize the actions of C. W. N. Buggies, a Notary Public 9 AGRICULTURE. 14 An Act to repeal section three, chapter nine, of the Statutes of 1873 9 15 An Act relating to agricultural organizations 10 APPORTIONMENT. 16 An Act providing for the apportionment of the State of Kansas into three Congressional districts 11 APPROPRIATIONS. 17 An Act making appropriations for the Legislative Department, and printing 12 18 An Act making an appropriation to the settlers on the Osage Ceded Lands 13 19 An Act making an appropriation to pay for the publication of the Constitutional Amendment in the year 1873 14 '20 An Act making an appropriation for the Leavenworth Protestant Orphan Asylum and Home for Friendless Children 15 21 An Act making appropriation for the State Board of Agriculture, for the defi- ciencies up to November 30, 1873, and the current expenses of the fiscal year ending November 30, 1874 15 "22 An Act making appropriation for the support of Blind Asylum 17 IV INDEX TO CHAPTERS, CHAFTKB. PAOE. 23 An Act making appropriations for the State Penitentiary for the year ending November 30, 1874 /. 18 24 An Act making appropriation for the State UniYersity, for the fiscal year end- ing November 30, 1874 ; 19 25 An Act making appropriation for the current expenses for the State Asylum for the Deaf and Dumb, for the fiscal year ending November 30, 1874.. 20 26 An Act making appropriations for paying Begents and Trustees of public in- stitutions and other public officers named therein, for the years 1873 and 1874 21 27 ' An Act making appropriations for the Legislative Department 23 28 An Act making appropriation for the current expenses of the State Normal School for the fiscal year ending* November 80, 1874 23 29 An Act making appropriation for State printing for the year J 873, deficiency... 25 30 Ml Act making, appropriation for the current expenses of the State Asylum for the Insane for the fiscal year ending November 30, 1874 25 31 An Act making appropriations for miscellaneous expenses 27 32 An Act making appropriations for Leavenworth State Normal School for the fiscal year ending November 80, 1874 32 33 An Act making appropriation for the benefit of the State Agricultural College, 33 34 An Act making appropriations for conveying prisoners to the State Penitentiary for the years 1873 and 1874, and arrest and trial of prisoners in uno^ ganized counties, and arrest made upon the Governor's requisitions 35 35 An Act making an appropriation for expenses of extra session of the Senate as a court of impeachment 36 36 An Act making appropriation for State printing for the fiscal year ending November 30, 1874 A 37 37 An Act making appropriations for the Executive and Judiciary Departments of the State .* 38 ABMS. 38 An Act providing for the collection and*exchange of the arms of the State 40 BONDS. 39 An Act amendatory of and supplemental to chapter sixty-eight of the Session Laws of 1872, entitled "An act to authorize counties, incorporated cities and municipal townships to issue bonds for the purpose of build- ing bridges, aiding in the construction of railroads, water power, or other works of internal improvement, and providing for the registra- tion of such bonds, the registration of other bonds, and the repealing of all laws in conflict therewith," and to repeal chapter twenty-nine of the Session Laws of 1869, and to provide for the issuing of railroad - and other bonds, and to limit the issuing of school bonds, and to punish the officers herein named for a violation of the provisions of this act .* 41 40 An Act to repeal an act entitled "An act to authorize counties of over thirty thousand inhabitants to issile bonds," 49 41 An Act to enable school districts in the State of Kansas to issue additional bonds in certain cases 50 42 An Act to authorize Cherokee township, in Montgomery county, to issue bonds to pay the indebtedness of the township 51 43 An Act to authorize the township of Spencer, in the county of Kice, to issue bonds for survey of lands of ranges nine and ten, west, of townships eighteen and nineteen and twenty, south „,^ 53 Il^DEX TO OHAPTEBS, V . CBAPTBB. PAOKr CENTENNIAL MANA6EBS. 44 An Act provifling for the appointment of five State Centennial Managers for the International Exhibition at Philadelphia for 1876, and defining their duties 54 CHEROKEE COUNTY. 45 An act to authorize the Board of County Commissioners of Cherokee county to transfer certain moneys to the county fund 5& CITIES. 46 An Act to incorporate and regulate cities of the first class 56* 47 An Act to amend an act entitled '*An act to incorporate cities of the first class/' 7& 48 An Act to amend an act entitled "An act to incorporate cities of the second class and to repeal former acts/' approved February 28, 1872 SO CIVIL RIGHTS. 49 An Act to provide for the protection of citizens in their civil and public rights 82 COFFEY COUNTY. 50 An Act to authorize the County Commissioners of Coffey county to buy an Asylum for the Poor : 8^ CONVICT LABOR. 51 An Act to regulate and govern the letting of convict labor 84 CORPORATIONS. 52 An Act to amend section one hundred and twenty-two, article fourteen, chapter twenty-three. General Statutes 1868, relating to religious, charitable and other corporations 8& 53 An Act supplemental to an act entitled ''An act to amend (chapter 105, Laws ofi 1872,) section two of an act entitled 'An act to amend section four of chapter twenty-three of th#Laws of 1868, and section one of chap- ter sixty-five of the Laws of 1871, concerning private corporations,' " being chapter seventy, Laws of 1873 $& COUNTIES AND COUNTY OFFICERS. 54 An Act supplemental to and amendatory of an act entitled "An act fixing sala- ries and prescribing duties of certain county officers in counties having over thirty thousand inhabitants,'' approved March 1, 1872 87 55 An Act to change the name of Billings county 88> 56 An Act entitled -'An act to amend sections one and ten of an act entitled 'An act to provide fgr county auditors and specifying their powers, and for other purposes connected therewith,' approved February 27, 1872," and supplementary to said act ^ 88- 57 An Act authorizing counties having over thirty thousand inhabitants to pro- vide for the funding of their accrued and accruing indebtedness 90 58 An Act to repeal an act entitled "An act conferring powers therein specified on county commissioners in counties having over thirty thousand inhabit- ants" 91 59 An Act defining the boundaries of Edwards and other counties, and amendatory of chapter twenty-four of the Greneral Statutes of Kansas, approved March 3, 1868, (as amended by an act approved March 6, 1873,) de- fining the boundaries of counties 91 VI INDEX TO CHAPTERS. GSAFTBB. PAOS. COURTS. 60 An Act to regulate and fix the terms of court in the Fifteenth Judicial District^ 93 61 An Act to amend an act entitled *^An act changing 'the terms of court of the Fourteenth Judicial District and establishing court in certain counties , therein named/' approved March 6, 1873.... 94 62 An Act to provide for an additional term of the District Court of McPherson county, in the Fourteenth Judicial District 96 63 An Act to regulate the terms of the District Courts of the Fifth and Thirteenth Judicial Districts 96 64 An Act to regulate and fix the terms of court in the Eleventh Judicial District, 98 65 An Act to change the boundaries of certain judicial districts therein named, and to ^"T. the times for holding courts therein 99 66 An Act to establish the terms of the District Court in Harper, Barbour and Comanche counties, and attaching the same to the Ninth Judicial Dis- trict 100 67 An Act to amend section seven of ''An act to define the boundaries of the Ninth Judicial District, and to fix the terms, of court in the several counties thereof" approved March 4, 1873, and to attach certain counties to Pawnee county, for judicial purposes 101 68 An Act to change the terms of the District Courts in the Seventh Judicial Dis- trict 102 69 An Act fixing the times for the terms of the District Court in Douglas county, 103 CRAWFORD COUNTY. 70 An Act relating to the boundary lines of the county of Crawford, Kansas, and amendatory of section eighteen, chapter twenty-four, of the Gtoeral Statutes of 1868 104 CRIMES AlO) PUNISHMENTS. 71 An Act to amend an act entitled "An act regulating crimes and punishments,'' 104 72 An Act to provide for the punishment ^f mortgagors of personal property for selling, disposing o^ or ooncealmg the same * 105 DEAF AND DUMB ASYLUM. 73 An Act to amend an act entitled ''An act to amend chapter 8 of the Gtoeral Statutes of 1868," being chapter 34 of the Laws of 1871, approved March 2, 1871, and to repeal section 1 of said act 106 DISABILITIES. 74 An Act to remove disabilities from certain persons therein named 107 FISCAL AGENCY. 75 An Act to provide for the establishment of a fiscal agency for the State of Kan- sas in the city of New York, and prescribing the duties of ofiKcers in relation thereto.... |. 108 FOREST TREES. 76 An Act to repeal chapter two hundred and four of the laws of 1872, entitled ''An act to amend an act entitled 'An act to encourage the growth of forest trees,' approved March 2d, 1868" 110 FUND INDEBTEDNESS. 77 An Act to authorbe the Board of County Commissioners of Dickinson, Lincoln, Howard, Barbour, Clay, Saline, Pawnee, vBeno, Ford, Harper, Jewell, and Barton to issue bonds for the purpose of funding and paying certain indebtednew 110 • • INDEX TO CHAPTERS. Vll > La""""*- &.l:5Kffi:r,;; Leavenworth te:s=a ::::::: iinii s^^r' !?SSeT™;:..:; I:!- CHAS. W. LAWRENCE SKf?.-: THOSIAS HANCOCK... S=" J. K. VAN ZANDT. Kfcs:: K aieSdala Boutbon T. F. BOBLEY .■;:::::: K SS^::::::::: Fort Scott. BomboD MEMBERS OF H01TSE OF R&PBESENTATIVES. MEMBERS OF THE HOUSE OF HEPBESBa«TATIVES- CbMlwlrf. Liberal .... B«foim«r JAR M, iLLEN ... T. P. LEECH.- JAS.C. HOKTOM....... JOHN 0. WATTS. JOHN MAKTIN JAC. WELCHHAM9... D.B.BUEDICK N.A.PEER1LL. F. W. POTTEB..... FHANK BUTLER.... H. F.UoUILLAN... A, SELLEBS.-.. J.M. UNUliRWOOD... B-H.McECKRON.... M.J.MORSE.... JAMES HANBAHAN,, ~ "i. HUTCHINSON... WM.H. HOBNOB.... BapiibllcHi_ Ind^iendeDt as BepubllCBa..,.. RepubUcim..... IndepeDdent .. Independent.. Bepobllctui.... Indepandent.. KepubUcan.,.,, Bepublican RepnbllcBn-.., North Topeka.. Topeta. . Franklin..... . Franklin. . Douglas.;!!! tndiipeud pKav.. JaKiUli I^on., Winfleld ... Wichita Peabody.... .. CowlBi.. . Sedgvlok . Eiuaell . Phlllipa.... XlV OFFICERS OF SENATE AND HOUSE OF REPRESENTATIVES. OFFICERS OF THE SENATE. Namet. TOM H. CAVANAUGH... D. B. EMMEBT GEO. W. FINDLAY GCO. W. WEED S. M. LANHAM W. H. COWAN NELLIE BLAKE SARAH J. NEAL. CJ.BURK H. L. BURGESS F.S. McCABE JENNIE A. GRIFFITH... JENNETTE EDWARDS.. E. HALLOCH MORRIS... J. W. EDWARDS Age 80 PoliHcs. Rep 37 Rep 32 Rep 88 Rep 26 Rep 32 Rep 21 uep ..... 45 Rep 54 Rep 24 Rep 45 Rep 16 Rep 18 Rep 12 Rep 37 Rep OjgHce. Pott Office. Ommty. Occupation. Secretary Assistant Secretary Salina Saline....*. Farmer. Humboldt..... Fort Scott Leavenworth Seneca Allen Publisher. Sergeant-at-Arms... Ass't Serg-at-Arms. Journal Clerk Bourbon Leavenworth Nemaha Montgomery Bourbon Atchison MarshalL Johnson Shawnee Shawnee Miami.. Coal dealer. Farmer, Book-keeper^ Farmer. Docket Clerk Indepe'dence Fort Scott.... Atchison Waterville ... Olathe EnroUing Clerk Engrossing Clerk... Doorkeeper .*,. Teacher. Farmer. Ass't Doorkeeper... Chanlain Book-keeper. Minlatpr. Topeka Messensrer Topeka Messenger Paola Messensrer Toneka Shawnee Miami Student. Postmaster Paola Farmer. OFFICERS OF THE HOUSE OF REPRESENTATIVES. Munes. B. H. McECKRON ALEX. R. BANKS JOHN C. MOSELEY O. W. BROMWELL A. B. OSTRANDER EMMA R. BRISTOL REBHCCA FLOWER JAMES M. MATHENY.... R. V. KENNEDY GEO. E. BROWN A. H. McWHORTER PATRICK GILSON M. B. CRAWFORD EMMA DUNCAN MARY FLETCHER JENNIE MAXWELL AUGUSTA NIL80N GEORGE W. LATHAM.... LORIN COZINK HARLAND CUMMINGS.. 0!ffice. Speaker C^ief Clerk-. Assistantflklef Clerk.. Journal Cl^k Docket Clerk Enrolling Clerk Engrossing Clerk Sergeant-at-Arms Ass't Sergeant-at-Arms Doorkeeper First Ass't Doorkeeper. Sec'd Ass't Doorkeeper. Postmaster Page Page Page Page Page Page Page .% Age. 39 Politics. Rep 38 Rep 30 Rep 28 Lib...... 27 Rep 22 Rep 35 Rep 31 Rep 32 Rep 27 Rep 35 Rep 60 Dem ... 38 Rep 13 13 13 12 12 12 10 Post Office Address. Shirley Lawrence »... Clay Cantre... Wichita Lawrence , Humboldt .... Topeka Topeka Bunker»Hill.. Olathe . Lawrence , Leavenworth Howard City. Ottawa Topeka TopiBka :.... Topeka Beflville lola , Great Bend.... Qmaly. Cloud. Douglas. Clay. Sedgwick. Douglas. Allen. Shawnee. Shawnee, Russell. Johnson, Douglas. Leavenworth Howard. Franklin. Shawnee. Shawnee. Shawnee. Republic. Allen. Barton. > • * * • •• ■» * • * •• ' * LAWS OF :^JTSAS. • • * • • • » CHAPTER I. ST. JOSEPH AND TOPEKA RAILEOAD. An Act to legalize a certain levy of taxes. Be it enacted by the Legislature of the State of Kansas: Section 1. Whereas, the assessment and levy of taxes for the year 1873 on the St. Joseph and Topeka railroad was by mistake recorded as an assessment and levy on the Wathena and Doniphan railroad, therefore be k enacted that said assessment and levy is hereby legalized and said assessment and levy is hereby made a valid and legal tax against the St. Joseph and Topeka railroad company. Sec. 2. This act shaH take effect and be in force from and after its publication once in ih^ Kansas Farmer. Approved February 25, 1874. I hereby (fertify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, February 25, 1874. W. H. SMALLWOOD, Secretary of ^xde. CHAPTER II. LEVI WILHELM AND J. A. McKOON. An Act legalizing the acts of Levi Wilhelm and J. A. McKoon as Notaries Public. Be it efimded by the Legislature of the State of Kansas: Section 1. That all acts performed by Levi Wilhelm as notary public in and for the county of Jefferson, between the 1 ACTS LEGALIZED. [Ch. 3. tenth day of March, A. D. 1873^ ^nd the thirtieth day of November, A. D. 1873, be and tlj^ sajpe are hereby legalized. Sec. 2. That the acts of J. Ai^.McKoon, of Miami county, as notary public, from the ^i'g;hth day of August, 1871, to the fifteenth day of May, 1872^ are hereby legalized. Sec. 3. This act ^boJl'* take effect and be in force from and * • * ' after its publicatidn'ifi'the Topfeka Commonwealth. Approved -February 26, 1874. I hereb¥*«9erfify that the foregoing is a true and correct copy of ;iae' original enrolled bill, now on file in my office, and'*th^^^tlie same was published in the weekly QymMonweatth, .Har6h 5, 1874. W. H. SMALLWOOD, *•', ' Secretary of State. CHAPTER III. E. WALKEE— NOTARY PUBLIC. Ak Act to legalize the official acts of E. Walker, of Pottawatomie county, as Notary Public Be it enacted by the Legislabare of the State of Kansas: Section 1. That all the official acts of E. Walker, as notary public within and for the county of Pottawatomie, and State of Kansas, between the dates of January 7, 1873, and April 4, 1873, be and the same are hereby legalized and made valid, the same as though the commission and bond of said E. Walker had been filed and recorded according to law. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book. Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State, Ca. 5.] ACTS LEGALIZED. CHAPTER IV. MINNEAPOLIS, OTTAWA COUNTY. Ak Act to legalize official acts of the City Council of the city of Minne- apolis, a city of the third class, Ottawa county, Kansas. Be it enacted by the Legislature of the Staie of Kansas: Section 1. That the irregular official. acts of the city council of the city of Minneapolis, Ottawa county, Kansas, committed in the time of holding its meetings for the years 1871, 1872, and 1873, be and the same are hereby legalized; and said official acts shall be deemed and are hereby made as valid as if no irregularity had appeared in the transaction of the same. . Sec. 2. This act shall take effect and be in force from and after its publication in the statute book. Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file .in my office. W. H. SMALLWOOD, Secretary of Stale. , CHAPTER V. CLAY COUNTY. An Act to legalize certain Conveyances in Clay county. Be it enacted by the Legislature of the State of Kansas: Section 1. That the deed made by the probate judge of Clay county, Kansas, to the "Clay Centre town company," be and the same is hereby legalized and made valid. Sec. 2. That all deeds of conveyance and other contracts regarding the lands of said town cofnpany, requiring a cor- porate seal thereto, made and executed by the "Clay Centre town company," or by A. F. Dexter, president of the Clay ACTS LEGALIZED. [Ch. 6. Centre town company, are hereby legalized and made as valid as the same would be if the said town company had had and used a corporate seal in executing the same. Sec. 3, This act shall take effect and be in force from and after its publication in the statute book. Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER VI. WHITE CLOUD— DONIPHAN COUNTY. An Act to legalize the action of the City Council of the city of White *Cloud, in levying the city taxes for 1873. Be it enacted by the Legislature of the State of Kansas : Section 1. That the action of the city council of the city of White Cloud, in levying the city taxes for the year 1873, by a vote of the said city council, be and the same is hereby legalized and declared to be as binding as if the same had been done by ordinance. Sec. 2. This act to take effect and be in force from and after its publication in the statute book. Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. Ch. 8.] ACTS LEGALIZED. • CHAPTER VII. TOWNSHIP ASSESSORS— NORTON COUNTY. An Act to legalize the official acts of the several Township Assessors in Norton county. » Be it enacted by the Legislature of the State of Kansas: Section 1. That all the official acts done by the township assessors in and for the several townships in Norton (formerly Billings) county, during the month of June, 1873, be and the same are hereby declared legal and valid in all respects, as if said acts had been done at the time prescribed by law. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas Weekly Farmer. % Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, March 11, 1874. . W. H. SMALLWOOD, Secretary of State. CHAPTER VIII. NEODESHA— WILSON COUNTY. An Act to legalize conveyances in the city of Neodesha. Be it enacted by the Legislature of the Staie of Kansas: Section 1. That all conveyances of city lots and blocks in the city of Neodesha, in Wilson county. State of Kansas, by A. K. Phelon, as mayor of said city, and by F. Smith, as mayor of said city, while acting as such, be and the same are hereby declared legal, and as valid in all respects as if an ordinance of the city council had been passed authorizing said conveyances. 6 ACTS LEGALIZED. [Ch. 9. Sec. 2. This act shall take effect and be in force fix)m and after its publication in the statute book. Approved March 6, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER IX. EDWARD L. BARTLETT— NOTARY PUBLIC. ^ An Act legalizing the acts of Edward L. Bartlett as Notary Public. Be it enacted by the Legislature of (he State of Kansas: Section 1. That all acknowledgments taken by Edward L. Bartlett as notary public in and for the county of Wyan- dotte, between the twenty-fifth day of May, A. D. 1873, and the twenty-seventh day of June, A. D. 1873, be and the same are hereby legalized; and all deeds and instruments of writing so acknowledged by him, if recorded, shall impart notice to all persons of the contents of such instruments. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book. Approved March 6, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State, Ch. 10.] ACTS LEGALIZED. . CHAPTER X. CLAY COUNTY— COMMISSIONERS OF. An Act to legalize certain acts of the Board of OommissionerB of Clay county, Kansas. Whereas, The county commissioners of Clay county, Kan- sas, under the belief that the spirit and intent of the pro- viso contained in section one of an act entitled "An act entitled .^An act amendatory and supplemental to chapter eighty-nine, General Statutes of 1868,'" approved March 1, 1872, authorizing them so to do, have located sundry roads and highways ("where the owners of the lands taken agreed in writing" to such location; said location being definitely specified in the petition, and the commissioners being satisfied that the said location was practicable) with- out the usual view and survey, for the purpose of saving the county needless expense : therefore. Be it enacted by the Legislature of the State of Kansas: Section 1. That all such acts of said county commissioners in locating the said roads and highways up to the date of the approval of this act, be and the same are hereby legalized and declared to be legal and valid to all intents and purposes, the same as if the said transactions had been performed in strict accordance with the letter of the law. Sec. 2. This act shall take effect and be in full force from and after its publication in the Kansas Weekly Farmefi\ Approved March 6, 1874; I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer March 18, 1874. W. H. SMALL WOOD, Secretary of State. 8 ACTS LEGALIZED, [Ch. 12. CHAPTER XI. PAWNEE C50UNTY— COMMISSIONERS OF, AND W. S. PATTON. An Act to legalize the acts of the Board of County Commiasioners of Pawnee county, Kansas, and W. S. Patton, as County Assessor. Be U eridcted by the Legislature of the State of Kansas: Section 1. That all the acts of the board of county com- missioners of Pawnee county, Kansas^ and all the acts of W. S. Patton as county assessor of Pawnee county, Kansas, be and the same are hereby legalized. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas Weekly Commonwealth, Approved March 7, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Oomm^onweaUh, March 26, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER XII. FORD COUNTY— ORGANIZATION OF. An Act to legalize the organization of Ford county, and for other purposes. JBe it efixacted by the Legislature of the State of Kansas: Section 1. That the organization of Ford county be and the same is hereby legalized, and that all acts and proceedings had by any of the county or township officers, done in good faith, in the discharge of their respective duties as such county or township officers, be and the same are hereby legalized and made valid. Sec. 2. This act shall take effect from and after its publi- cation in the statute book. Approved March 7, 1874. Ch. 14.] ^ AGRICULTUEE. 9 I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALL WOOD, Secretary of State. CHAPTER XIII. C. W. N. RUGGLES— NOTARY PUBLIC. ' An Act to legalize the actions of C. W. N. Ruggles, a Notary Public. Be it enacted by the Legislature of the State of Kansas : Section 1. That all acts performed by C. W. N. Ruggles, of the county of Wallace, as notary public, by and under authority of a commission issued to him in the month of May, A. D. 1873, be and the same are declared valid and legal, the same as if he had duly qualified himself to act as such within the time specified by law. Sec. 2. This act shall take effect and be in force from and after its publication in the weekly Commonwealih. Approved March 7, 1874. I hereby certify that the foregoing is a true and coftect copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Gommon- » wealthy March 26, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER XIV. AGRICULTURAL SOCIETIES AND FARMERS' CLUBS. An Act to repeal section three, chapter nine, of the Statates of 1873. Be it enacted by the Legislature of the State of Kansas: Section 1. That section three of chapter nine of an act entitled "An act relating to district and county agricultui'al 1 10 AGRICCLTUBE. [Ch. 15, • societies and farmers' clubs, and amendatory of section two of chapter thirty-seven of the general laws of 1872, relat- ing to the state agricultural society," approved Mp-rch 6^ 1873, be and the same is hereby repealed. Sec. 2. This act to take effect and be in force frcjp and after its publication in the Kansas Farmer, Approved March 7, 1874. I hereby certify that th^ foregoing is a true and £orrect copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmery March 18, 1874. W. H. SMALLWOOD, Secretary of State, CHAPTER XV. AGRICULTURAL ORGANIZATIONS. An Act relating to agricultural organizations. > Beit effhacted by the Legislature of the State of Kansas: pSSi^SSto^fce Secjtion 1. No agricultural organization of the state shall 5^?OTitribi?-' appropriate any part of the earnings of the society for tests of speed ; but if such tests shall be permitted, the premiums or purses therefor shall be raised by voluntary contribution. Any person or persons violating the provisions of this section shall be liable for the amount of money so misappropriated, and imprisonment in the county jail not more than one year. i^^gfeiM^^S?^ Sec. 2. Any person who shall knowingly and willfully 8 oc . furnish to the purchaser of any stock, or to any fair associa- tion, a false pedigree of such stock, shall, upon conviction thereof, be fined in any sum not less than fifty dollars nor more than one thousand dollars, or imprisonment in the county jail * not less than three nor more than twelve months, or by both such fine and imprisonment. ^%ro1i?wte▼«». be ajidited or allowed except salaries fixed by law, unless an itemized ^KX50unt is furnished, verified by affidavit, showing that the ftmds appropriated were applied to the specific pur- pose only for which they were appropriated. Sec. 3. That in all cases in which by the provisions of this act appropriations are made for specific purposes named, or cause stated, the officers and persons having charge of such appropriation shall in no case by any contract, act or pro- 2 18 APPROPRIATIONS. [Ch. 23. oeeding, obligate the State of Kansas at any time to pay a larger sum than herein specifically appropriated. Sec. 4. This act shall take efiPect and be in force from and after its publication in the Kansas Farmer. Approved March 4, 1874. I hereby Certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, March 11, 1874. W. H. SMALLWOOD, Secretary of State. Amount. How applied. Chaplain. CHAPTER XXIII. STATE PENITENTIARY. An Act ma^ng appropriations for the State Penitentiary for the year end- ing November 30, 1874. Be it enacted by the Legislature of the State of Kansas: Section 1. That the sum of seventy-three thousand two hundred sixty-one dollars and six cents is hereby appropriated out of any money in the treasury not otherwise approj)riated, for the state penitentiary for the fiscal year of 1874, which sum, together with the earnings pf convict labor, shall be expended for salaries of ofl&cers, wages of employes, for sup- plies, for maintenance, and for materials for buildings and improvements; and that the sum of twelve hundred dollars be appropriated fof per diem and mileage of directors : And provided, No cells shall be constructed in the proposed south wing of said building containing less than forty square feet of floor: And provided. That the chaplain shall devote his entire time to the intellectual and moral improvement of the convicts: And provided further, That it shall be a part of his duty to secure employment for all discharged convicts as far as he may be able. Sec. 2. The auditor of state is hereby authorized to issue warrants on the treasurer of state for the amount and purposes specified in the first section of this act, or so much thereof as may be necessary to liquidate all such accounts as may be Ch. 24.] APPROPRIATIONS. 19 presented to him and duly approved, and in accordance .with section seventeen of "An act in relation to the state peniten- tiary/' approved March, 1868. Sec. 3. This act shall be in force from and after its publi- cation once in the Kansas Weekly Farmer, Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, March 11, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER XXIV. STATE UNIVERSITY. An Act making appropriationR for the State University for the fiscal year ending November 30, 1874. Be it enacted by the Legislature of the State of Kansas: Section 1. The following sums, or so much thereof as current expentei may be necessary, are hereby appropriated out of any money not otherwise appropriated, to the state university for the purposes hereinafter named: For salaries of regular and special instructors, fifi^een thousand dollars ; for salary of sec- retary of board of regents, one hundred dollars; for salary of treasurer of board of regents, one hundred dollars; for salary of engineer and superintendent of building, nine hun- dred dollars; for salary of two janitors (new and old building), eight hundred dollars; for fuel and lights, fifteen hundred dollars; for catalogues for 1874, two hundred dollars; for advertisements, one hundred and fifty dollars; for unpaid other purpoees. building accounts, seven thousand four hundred and forty- four dollars and eighty-one cents; for addition to library, fifteen hundred dollars; for moth-proof cases for zoological specimens, one thousand dollars; for paper for mounting botanical specimens, one hundred dollars; for additions to cabinet collections, two hundred dollars; for telegraphic 20 APPROPRIATIONS. [Ch. 25. FroTlflo. Only expend amount appro- priated. determination of longitude of university, two hundred and fifty dollars. Sec. 2. The auditor of state is hereby authorized to issue warrants upon the treasurer of state for the purposes and amounts specified in this act, or so much thereof as may be necessary to liquidate all such accounts as may be presented to him: Provided, That no account shall be audited except salaries of officers fixed by law, unless an itemized account i& furnished, verified by affidavit, showing that the funds appro- priated were applied for the specific purposes only for which they were appropriated. Sec. 3. That in all cases in which, by the provisions of this act, appropriations are made for specific purposes named or cause stated, the officer or person having charge of such appropriation shall in no case by any contract, act or pro- ceeding, obligate the State of Kansas at any time to pay a larger sum than heretofore specifically appropriated. Sec. 4. This act shall take effect and be in force from .and after its publication in the Kansas Weekly Farmer, Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer^ March 11, 1874. W. H. SMALLWOOD, Secretary of State. Amount and purposes. CHAPTER XXV. STATE ASYLUM FOR THE DEAF AND DUMB. An Act making appropriations for the current expenses for the State Asylum for the Deaf and Dumb for the fiscal year ending November 30, 1874. Be it efoo/sted by the Legislature of the State of Kansas: Section 1. That the sum of sixteen thousand five hundred and fifty dollars, or so much thereof as may be necessary, be and is hereby appropriated out of any money not otherwise - prlated. thereof as shall be necessary, is hereby appropriated for the purpose of collecting the arms of the state and transporting the same from the place of collection to Topeka, and from the arsenal at Topeka to and from the place of exchange. Sec. 3. The auditor is hereby authorized to issue warrants upon the treasurer of state for the purposes and amounts specified in the second section of this act, or so much thereof as may be necessary to liquidate all such accounts which may be presented to him: Provided^ That no account shall be Provuo. allowed or audited unless upon itemized statement, verified by affidavit, showing that the funds appropriated are to be ap- plied to the specific purpose only for which they were appro- priated. *Sec. 4. This act shall take effect and be in forqje from and after its publication in the Topeha Weekly Commonwealth, Approved March 9, 1874. I hereby certify that the foregoing is a true and correct^copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly OommonwecUth^ March 19, 1874. W. H. SMALLWOOD, Secretary of State, CHAPTER XXXIX. BONDS— AMOUNT AND PURPOSES FOR WHICH THEY MAY BE ISSUED. An Act amendatory of and supplemental to chapter sixty-eight' of the session laws of 1872, entitled '*An act to authorize counties, incorporate cities, and municipal townships to issue bonds for the purpose of building bridges, aiding in the' construction of railroads, water power, or other works of internal improvement, and providing for the registration of such bonds, the r^istration of other bonds, and the repealing of all laws in conflict therewith," and to repeal chapter twenty-nine of the session 42 BONDS. [Ch. 39, Act amended. laws of 1869, and to provide for the issuing of railroad and other bonds^ and to limit the issuing of school bonds, and to punish the officers herein named for a violation of the provisions of this act. Be it enacted by the Legislature of the State of Kansas: Section 1. That section one of chapter 68 of the session laws of 1872, being an act entitled "An act to authorize counties, incorporated cities, and municipal townships to issue bonds for the purpose of building bridges, aiding in the con- struction of railroads, water po.wer, or other works of internal improvement, and providing for the registration of such bonds, the registration of other bonds, and the repealing of all laws in conflict. therewith,'' approved March 2, 1872, be Amount of bonds amended so as to read as follows: Section 1. The board of that may be . . /» toroed. county commissioners of any countyj the mayor and common council of an incorporated city, and the trustee, clerk, and treasurer of any municipal township in this state, are hereby empowered to issue the bonds of such county, city or town- ship in any sum not greater than five per cent., inclusive of all other* bonded indebtedness, of the taxable property of such county, city or township, for the purpose of building or • purchasing bridges, free or otherwise, and for the purpose of purchasing land and erecting buildings thereon for the poor: Providedy That the limit prescribed in this section shall not apply and be considered to restrict or prevent the issuing of any bonds heretofore voted, or vote now pending in any county, city or township in this state, and which bonds may not have yet been issued. Sec. 2. Section four of said act is hereby amended so as to read as follows : Section 4. When a petition, signed by at least two-fifths of the voters of any county, incorporated city or municipal township, said two-fifths to be determined by reference to the returns of the last preceding general election in such county, incorporated city or municipal township, shall be presented to the board of county commissioners of such county, the mayor and common council of such city, or the trustee, clerk and treasurer of such municipal township, asking that a vote be taken upon the question of building or purchasing a bridge, or for purchasing land and erecting buildings thereon for the poor, such officer shall, within ten caiianeiecuon. days aft^r the presentation of such petition, call an election, to be held within forty days after the presentation of such Pubbflh notice, petition, in such county, city or township, and shall give FroTlso. Petition presented. Ch. 39.] BOND6. 43 notice of such election by publication for at least three con- secutive weeks in some newspaper published in such county, city or township, if any be published therein, and if none be published therein, by posting up written or printed notices in at least five public places in each voting precinct in such • county, city or township, for at least twenty days preceding the day of such election, which notice shall set forth the time sh&usetfortti^ whftt. and place of holding such election, the bridge proposed to be built or purchased, or the purchase of land and erection of buildings thereon for the poor, as the case may be, for which bonds are to be voted ; . which notice, when for a county elec- tion, shall be signed by the sheriff of the county ; when for a city election, by the mayor of the city, and when for a township election such notice shall be signed by the trustee, clerk and treasurer, or any two of them : Provided, ThaJ a ProTtoo^ second election upon any question or proposition under the provisions of this act, may and shall be had only upon a pe- tition of three-fifths of the legal voters of said county, city or township. Sec. 3. Section six of said chapter 68 is hereby amended so Tickets, how as to read as follows: Section 6. The vote of such election * shall be by ballot, the tickets used having written or printed thereon the words, "For the bridge bonds,'' or, "Against the bridge bonds;" or, "For the poor-farm bonds," or, "Against the poor-farm bonds," as the case may be. Sec. 4. Section nine of said chapter 68 is hereby amended Three-flftha yote. so as to read as follows : Section 9. If three-fifths of the votes cast at any such election be in favor of the proposition sub- mitted and the issuing of bonds, then the ofiScers of such gjlt^gj^^^gj. county, city or township, if the proposition be for the build- '«<^*^«*- ing of a bridge, or for the purchase of lands and the erection of buildings thereon for the poor, shall, without delay, give notice by publication in some newspaper of general circula- tion published in the county, for at least twenty days, or, if there be no newspaper published in such county, such notice shall be given by posting up written or printed notices for the same length of time, in at least six public places in th& county, city or township, as the case may be, wherein such bridge is to be built, or such buildings for the poor are to be erected, and by giving such other notice as such officers may deem proper, that sealed proposals will be received until a certain hour of a day to be named in such notices, not to 44 BONDS. [Ch. 39. exoeed thirty days thereafter, for the building of such bridge, or the erection of such buildings for the poor, as may have been submitted at the election aforesaid, which notices shall set forth the location of the proposed bridge, or the location of the buildings to be erected for the poor, with such particu- larity that an inspection of the premises may be had without l^mSJSi^^Stii difficulty. Proposals for the building of any such bridge or SStioS?'***^' buildings for the poor shall be accompanied with complete plans and specifications of the same, the price to be charged therefor, in the bonds of such county, city or township, at par value, or the price to be charged therefor in cash, together with a bond or undertaking, with good and sufficient security in double the amount of the proposed cost thereof, conditioned for the faithful execution of the work proposed, and the car- ryidg into effect of any contract made in reference thereto; and the proper officers of such "county, city or township, [which] if they deem it expedient, may sell such bonds at a price not less than ninety cents on the dollar. Bonds registered. . Q^^c. 5. Scctiou twclvc of Said chapter 68 is hereby amended so as to read as follows : Section 12. The officers of any county, city or township issuing such bonds sL ill make registration thereof in a book to be kept for that purpose, showing the date, amount, number, maturity, rate of interest on such bonds, and where payable; and, if issued for the building or purchase of a bridge, what bridge; or, if for the purchase of a poor farm and the erection of buildings thereon, the same shall be so stated; and such officers shall, at the time of issuing such bonds, make out and transmit to the auditor of state a certified statement of the number, amount and charac- ter of the bonds so issued, to whom issued, when issued, when payable, where payable, and for what purpose the same were issued, which statement shall* be attested by the clerk of the county, city or township issuing the bonds, which certified statement shall have attached thereto the corporate seal of such county, city or township, if any such there be: Pro- vi4^dy That it shall be the duty of the officers whose duty it is to issue bonds under the provisions of this act to publish Notice given. for at Icast three consecutive weeks, in some newspaper of general circulation in such county, township or city, and by posting in six public places therein, the intention of such officers to issue said bonds at a time to be stated in such notice. Show what. Proviso. Ch. 39.] BONDS. 45 Sec. 6. Section fourteen of said chapter 68 is hereby amended SS?aSStor!*^ so as to read as follows: Section 14. Within thirty days after the delivery of such bonds, the holder thereof shall present the same to the auditor of state for registration, and the audi- tor shall, upon being satisfied ithat such bonds have been issued according to the provisions of this act, and that the signatures thereto of the ofiScers signing the same are genuine, register the same in his office in a book to be kept for that purpose, in the same manner that such bonds are registered by the officers issuing the same, and shall, under his seal of office, certify upon such bonds the fact that they have been regularly and legally issued, that the signatures thereto are genuine, and that such bonds have been registered in his office, accord- ing to law. Sec. 7. It shall be the duty of the proper officers of any ^^^fJJ^i county, city or township, in which bonds have been heretofore S^*f ^****°*^ voted, for any of the purposes mentioned in the act to which this act is amendatory, annually, at the time when other taxes are levied, to levy and cause to be collect^ a sufficient tax to pay the interest on all such bonds, as the same shall become du^; and also for the purpose of creating a sinking fund for the final redemption of such bonds: Provided, That no part Proviso, of such sinking fund shall be levied or collected until the ex- piration of one-half the time for which such bonds are to run ; and said sinking fund, when collected, shall be invested im- » mediately in the manner provided in. the nineteenth section of the act to which this is amendatory, except that such in- vestment shall be made for the counties by their respective county treasurers, for incorporated cities by the mayor and city council of such city, and for municipal townships by the trustee and treasurer thereof. Sec. 8. The board of county commissioners of any county. Railroad bonds- , 111 /I ..1 i«* counties and the trustee, clerk and treasurer oi any municipal township m townshipe that ' . J r r may issue. this state, which has not heretofore issued bonds for railroad purposes, are hereby empowered to issue the bonds of such county or township, in any sum necessary, not greater than five per cent., inclusive of all other bonded indebtedness of such county or tow'nship, of the taxable property of such county or township, for the purpose of aiding in the construc- tion of railroads by donation thereto, or the taking of stock therein in the manner hereinafter provided, and not other- wise. 46 BONDS. [Ch. 39. Ptatton aisned bj two-ftfus of legal ▼otexv. JSlectlon called. Sec. 9. When a petition, signed by at least two-fifths of the l^al voters of any of the counties or townships named in the eighth section of this act, said two-fifths to be deter- mined by reference to the returns of the last preceding general election, shall be presented to the board of county commis- sioners of such county, or to the trustee, clerk, and treasurer of such municipal township, a^ing that a vote be taken upon the question of aiding in the construction of a railroad by donation thereto, or by the taking of stock therein, such board of county commissioners, or the trustee, clerk and treasurer of such municipal township, or a majority of them, shall, within ten days after the presentation of such petition, call an election, to be held within forty days after the presen- tation of such petition, in such county or township ; and shall give notice of such election by publication for at least three consecutive weeks in each newspaper published in such county or township, if any be published therein; and if none be published therein, by posting up written or printed notices in at least five public places in each voting precinct in such county or township for at least twenty days preceding such election, which notice shall set forth the time and place* of holding such election, describing the railroad which it is pro- posed to aid, and whether such aid is to be by donation Second election, thcrcto Or by taking stock therein : Provided, That a second election for the same purpose shall not be held unless upon the petition of a majority of the legal voters of such county or township, and upon petition and notice herein first pro- vided for. Sec. 10. Such election shall be held at the usual places of voting in such county or township, and shall be conducted by the officers or persons provided by law for holding elec- tions in such county or township, such election to be held, and in all respects governed, and the result declared accord- ing to the rules and regulations provided by law for holding elections in such county or township: Provided^ That no bonds shall be issued unless two-thirds of ^all the legal votes cast at such election shall be in favor of issuing the bonds. Sec. 11. The vote at such election shall be by ballot, the tickets having written or printed thereon the words, " For the railroad donation and bonds," or "Against the railroad donation and bonds," or " For the railroad stock and bonds," or "Against the railroad stack and bonds," as the case may Election, vhere held. Provlao. Tickets, how printed. Ch. 39.] BONDS. 47 be; and all persons legally qualified to vote at any general election under the laws of this state, shall be entitled to vote at such election. Sec. 12. If two-thirds of all the legal votes cast at such v^Si^'^feyorof election shall be in favor of issuing such bonds, then it shall bJ^ueS®^ "^^ be the duty of the board of county commissioners, or the trustee, clerk and treasurer of the township, or a majority of them, to subscribe for such railroad stock on the proper books of such railroad company, or make an agreement to donate such bonds, as the case may be; but no bonds shall be ex- Delivery of ecuted or delivered to such railroad company until such railroad company shall have wholly complied with all the terms and conditions named in the proposition submitted to conditiona. the legal voters of such county or township; and when such Ch. 40.] BONDS. " 49 for not less than one year and not longer than twenty years, or by both such fine and imprisonment. Sec. 16. Original sections one, four, six, nine, eleven, sections repealed, twelve, fourteen, sixteen, seventeen, eighteen, nineteen, twenty and twenty-one of chapter sixty-eight of the session laws of 1872 are hereby repealed: Provided, That the repeal of said sections shall in no respect change, alter, impair or affect any bonds heretofore voted, or any election heretofore held, or any rights that have accrued under the act to which this is amendatory. Sec. 17. That chapter twenty-nine of the session laws of 1869 is hereby repealed: Providedy That all rights and inter- proviso, ests that have accrued to any person or persons, corporation or corporations, under or by virtue of said act, are hereby reserved and saved to such person or persons, corporation or corporations. Sec. 18. This act shall take effect arid be in force from and after its publication in the Kansas Farmer. ' Approved March 9^1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published, in the Kansas Farmer, March 18, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER XL. STATUTE REPEALED. An Act to repeal an act entitled "An act to authorize counties of over thirty thousand inhabitants to issue bonds.'' Be it enacted by the Legislature of the State of Kansas: Section 1. That the law enacted under the above recited title, found on page seventy, chapter thirty-three of the vol- ume of laws of 1873, approved February twenty-eighth, 1873, be and the same is hereby repealed. 50 * BONDS. [Ch. 41. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book. Approved February 27, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in ray office. W. H. SMALLWOOD, Secretary of State, CHAPTER XLI. SCHOOL DISTRICTS— ISSUE ADDITIONAL BONDS. An Act to enable School Districts in the State of Kansas to issue additional Bonds in certain cases. Be it enacted by the Legislature of the State of Kansas: ^iSnSiStionai SEcrriON 1. That any school district in this state which imSS.™*^^ may have heretofore issued, or may hereafter issue its bonds for the purpose of building or purchasing a school house or houses for the use of said district, the amount of such bonds being less than the amount which such district was legally entitled to issue under the provisions of the statutes author- * izing school districts to issue bonds, may, at such time as they shall see fit, issue and sell additional bonds for the purpose of raising money to pay its bonds previously issued, or any part Proviso. thereof: Provided, That the second issue of bonds provided for as above shall not exceed in amount the sum really neces- sary for such purpose : And provided further. That the sum of both issues shall not exceed the amount which such district is legally authorized to issue under the statutes enabling school , districts to issue bonds : And provided further, That the addi- * tional issue herein authorized shall be made in accordance with the same general provisions of the statutes in such cases made and provided as governed the first issue in the same whtehbSmay distrfct: And provided further, That no school district in this state shall create a bonded indebtedness to an amount greater than five per cent, upon the whole amount of the taxable property of such district, including all bonds of every kind not be Usued. 'Ch. 42.] . BONDS. ' 51 heretofore issued by such district: Provided, That this limita- tion shall not be so construed as to prevent the issue of bonds in excess of five per cent, of the taxable property of such district for the purpose of funding or redeeming the present outstanding bonds of such district. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas Farmer. Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Ka/nsas FarTMTy March 11, 1874. W. H. SMALL WOOD, Secretary of State, p CHAPTER XLII. CHEROKEE TO WNvSHlP— MONTGOMERY COUNTY. An Act to authorize Cherokee township, in Montgomery county, to issue bonds to pay the indebt^ness of the township. Be it enacted by the Legislature of the State of Kansas: * Section 1. That the township board of Cherokee town- purpoeetorwhich rt , , bonoB may istue. «hip, Montgomery county, for the purpose of paying the floating indebtedness of said township, be and are hereby authorized to issue the bonds of said township not exceeding the amount of the outstanding indebtedness of said township, on the first day of. January, A. D. 1874, in sums not less than twenty-five dollars each*, which bonds shall have coupons attached, and shall draw interest at the rate of eight per cent^ interest. per annum, payable annually on the first day of March of each year. Each bond shall be signed by the trustee, and countersigned by the clerk of said township, and shall specify thereon to whom the same shall be made payable. Sec. 2. The bonds issued under the first section of this act Payable, when, shall be made payable to — or order, as follows, to wit: Three hundred dollars on the first day of March, A. D. 1876, and . three hundred dollars annually thereafter on the first day of 62 BONDS. [Ch. 42. bonds. March of each year; and the board of said township shall levy annually such a per cent, on the taxable property of said township as shall be sufficient to pay the interest on all the bonds issued under the provisions of this act as the same shall accrue; also, to levy a tax sufficient for the redemption of the bonds when due; and the money so collected shall be applied to the payment of said interest and bonds, as the same becomes due, and for no other purpose. • ^ SSraiedifito^ Sec. 3. Any person holding orders of said township, bear- ing date prior to the first day of January, A. D. 1874, who shall at any meeting of the township board surrender the same to said board, shall receive therefor a bond or bonds, as aforesaid, which bond or bonds shall be for the amount of principal and accrued interest shown upon said orders, and the orders so surrendered shall by said board be canceled and destroyed, the clerk of said board having made upon the jourifal a minute of the number, date, amount, to whom issued, when presented, and by whom surrendered : Provided^ That nothing in this act shall be construed so as to permit the township board, or any member thereof, to bargain, sell^ convey or dispose of any of the bonds provided for in this act^ except in exchange for township orders or warrants is^ed previous to January 1, 1874. Sec. 4. It shall be the duty of the clerk of said township to register the bonds issued under this act, which registry shall show the date, number, amount, and to whom is made payable each of said bonds. Sec. 5. This act shall take effect and be in force from and after its passage and publication in the Coffeyville Ckmrier, Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Coffeyville Ccmriefi ^ March 20, 1874. W. H. SMALL WOOD, Secretary of State. Proviso. ■Oh. 43.] BONDS. 53 CHAPTER XLIII. SPENCER TOWNSHIP, RICE COUNTY. An Act to authorize the township of Spencer, in the county of Rice, to issue honds for survey of lands of ranges 9 and 10, west, of townships 18, « 19 and 20, sout^. JBe U enacted by the Legislature of the State of Kansas: Secijcon 1. That the trustee, treasurer and clerk of the township of Spencer, in the county of Rice and State of Kan- sas, be and are hereby authorized and directed ib issue the bonds of said township not to exceed the amount of one thousand dol- lars, and to appropriate the proceeds thereof to pay for the sur- veying (and the necessary expenses that will be incurred in the survey) of ranges nine and t€;p, west, of townships eigh- teen, nineteen arid twenty, in the said township (jf SpeRcer. Sec. 2. The bonds authorized by this act shall not be issued except in accordance with the provisions of an act of the legislature of the State of Kansas, published as chapter sixty-eight of the laws of Kansas passed at the session of the legislature held in the year eighteen hundred and seventy- . two, approved March 2, 1872, and the provisions of said act shall be fully complied with. Sec 3. This act shall take effect and be in force from and after its publication in the Kansas Weekly Commonwealth. Apt)roved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Commonwealth, March 26,1874. * W. H. SMALLWOOD, Secretai^ of 8ta^. 64 CENTENNIAL MANAGEB8. [Ch. 44.. CHAPTER XLIV. INTERNATIONAL EXHIBITION AT PHILADELPHIA. An Act providing for the appointment of five State Centennial Managers- for the International Exhibition at Philadelphia for 1876, and defining their duties. Be U enacted by the Legislature of the State of Kansas : SSp^t^flvS. Section 1. That the governor is hereby empowered and directed to appoint, prior to April 1, 1874, five persons, as state centennial managers for Kansas, to act in connection with the United States centennial commission, in the celebra- tion of the one hundredth anniversary of the independence of the United States, at Philadelphia, in the state of Penn- sylvania, in 1876, by the holding of an exhibition of arts,, whM penons to manufactures and, products of the soil and mine. The said persons so to be appointed by the governor shall be selected entirely with regard to their familiarity with the resources,, arts and products of the state, their business experience and executive skill, and shall be residents of the state -at the time of their appointment. • ^*'*- Sec. 2. That the said state* managers, with the United States commissioner and alternate commissioner of Kansas^ shall constitute the state board of centennial managers for the state, and said state board shall have to care for the interests of the state and of its citizens in matters relating to tjje in- ternational exhibition in Philadelphia, in Pennsylvania, in 1876; to disseminate information about it; to issue invita- tions to participate; to receive and pronounce upon applica- tions for space in the exhibition ; to apportion fhe space placed ^t its disposal among the exhibitors from the state ; and to supervise such other details relating to the representation of its citizens in the exhibition as may from time to time be delegated to it by the United States centennial commission. Tenn of office.- gjjc. 3. That the State centennial managers shall hold their office for the term of three years, unless sooner removed by the governor for cause, and any vacancy that may exist- in the office of said state centennial managers by resignation, death or otherwise, shall at once be filled by the governor^ by the appointment of a fit and suitable person to fill such, vacancy. Ch. 45.] CHEROKEE COUNTY. . 55 Sec. 4. The state board of centennial managers for this state shall occupy the rooms in the capitol building now occu- pied by the state board of agriculture, with the board of agriculture, jointly. Sec. 5. This act shall take effect and be in force from and after its publication in the Kansas Weekly OommonweaMh. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in tfce weekly QyrmnxmweaUh, March 26, 1874. W. H. SMALL WOOD, • Secretary of State. CHAPTER XLV. , CHEROKEE COUNTY— MONEYS TRANSFERRED. An Act to authorize the Board of County Commissioners of Cherokee county to transfer certain moneys to the County Fund. Be it enacted by the Legislahire of the State of Kansas: Section 1. That the board of county commissioners of Cherokee county be and are hereby authorized and empow- ered to transfer to the county fund of said county all moneys which are collected on the tax book of eighteen hundred and seventy-three, as interest on county bonds in excess of the amount necessary to pay the accrued interest on the county bonds, and create a sinking fund for their redemption. a Sec 2. This act shall take effect and be in force from and after* its publication in the Kansas Farmer. Approved March 6, 1874. I hereljy certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, March 18, 1874. W. H. SMALLWOOD, Secretary of Staie. » 56 • CITIES. [Ch. 46. CHAPTER XLVI. CITIES OF THE FIRST CLASS. An Act to incorporate and regulate Cities of the First Class. Be U enacted by the Legislature of the State of Kansas: ARTICLE I. — GENERAL 'provisions. Fopuiation SECTION 1. All citles of more than fifteen thousand inhab- requlred. itants shall be governed by the provisions of this act: Pr&videdy That this act shall not in any way. change or affect existing laws with reference to the public schools : And pro- * mded further. That all existing laws and ordinances, not inconsistent with the provisions of this act, and all proceed- ings relating to the levy and collection of general and special taxes, and *the sale and conveyance of land for the non- payment thereof, shall remain in ftill force and be completed under existing law. How to become Sec. 2. Whenener any city shall hereafter have attained a cities of the first . . ^^^**-^ population of over fift;een thousand inhabitants, and such fact shall have been duly ascertained and certified to the governor by the mayor and council of such city, he shall declare by public proclamation such city subject to the provisions of this act. Sec. 3. The corporate limits of any city heretofore incor- porated and subject to the provisions of this act, shall remain as heretofore until changed by authority of law. Rightaaaved. Sec. 4. No right of property accrued to any city, corpoi^a- tion or person, under any law heretofore in force, shall be affected by this act, and all ordinances and resolutions now in force in any city of the first class shall remain in force till repealed or amended by the mayor and council. , , • Sec. 5. All acts and parts of acts heretofore enacted by the • legislature of the Territory or of the State of Kansas, in . conflict with this act, are hereby repealed. , 'po^wf** Sec. 6. Each city governed by the provisions of this act shall be a body corporate and politic, and shall have power : First, to sue and be sued ; second, to purchase and hold real and personal property for the use of the city; third, to sell and convey any real or personal estate owned by the'city, and ma^e such order respecting the same as may be deemed con- Ch. 46.] CITIES. 57 ducive. to the interests of the city; fourth, to make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate or administrative powers; fifth, to exercise such other and further powers as may be conferred by law. Sec. 7. The power hereby granted shall be exercised by the mayor and council of such city as hereinafter set forth. Sec. 8. The corporate name of each city organized under Name. or governed by this act shall be "The city of ;" and all and every process whatever affecting any such city, shall be prooesa, upon served upon the mayor, or in his absence upon the president of the council;^ or in the absence of both from the city then upon the city clerk. Sec. 9. The following shall be officers of all cities of the city officers, first class: Mayor, police judge, treasurer, clerk, attorney, engineer, weighmaster, street commissioner, eight council men, nine policemen. The mayor and councilmen shall be elected as herein provided, and the other officers shall be appointed by the mayor, by and with the advice and consent of the council; and the salaries of all of said officers shall be as hereinafter provided, and such appointed officers shall hold their offices for one year, and until their successors shall be appointed and qualified. Sec. 10. On the first Tuesday in April after the passage counciimen elected and of this act, there shall be elected eight councilmen, two being when. ' residents of each ward, to be voted for by the electors of the city at large, and the person from each ward receiving the highest vote shall hold his office for the term of two years, and the other for the term of one year, and annually there- after there shall be one councilman elected from each ward, to be voted for by the electors of the city at large, who shall hold the office for the term of two .years, and the mayor shall hold his office for 'the term of two years, and until his suc- cessor is elected and qualified. Sec. 11. At all elections authoi'ized by this act, the polls shall be kept open between the hours of 9 o^cIock A. m. and 6 o'clock p. M., and no longer. Sec. 12. All cities organized and governed under this act JiJl^ncto. shall be divided into at least four election precincts, and the polls shall be opened therein at such places as may be desig- nated or fixed by ordinance: Provided, That the election districts now established in said cities, and the places of 58 CITIES. [Ch. 46. holdiag elections therein, shall remain as they now are for the purpose of the election for the year 1874. . AB'flCLE II. — POWERS OF THE MAYOR AND COUNCIL. SeTofi^^oJSnd Sec. 13. The mayor and council of each city, created or controlled by this act, shall have the care, management and control of the city and its property and finances, and shall have power to enact and ordain any and all ordinances not repugnant to the constitution and Taws of this state, and such ordinances to alter, modify or repeal, and shall have power — Taxes. FivsL To Icvy and collect taxes in each year for interest on all outstanding bonds of said city, other than school bonds, not exceeding seven mills on the dollar, and three mills for^ general purposes, on all property within the limits of the city, taxable according to the laws of the state, upon the valuation established by the assessment roll of the proper county, which, when collected, shall be applied by the city treasurer to the payment of the interest due on the said bonds, except the four- mill levy for school fund. The fiscal year of such cities shall commence on Friday succeeding the first Tuesday of April of each year. ij^MeB,towhom Secoud. To Icvy and collect a license tax on auctioneers,, hawkers, peddlers, liquor-sellers, pawnbrokers, taverns, dram- shops, bankers, brokers, shows and exhibitions for pay; billiard-tables, ball apd ten-pin alleys, without regard to the number of pins used ; hacks, drays, wagons or other vehicles, used for pay within the city ; theaters or theatrical exhibitions for pay; fire or life insurance companies or agencies, express companies or agencies, telegraph companies or agencies, and to adopt all such measures as they may deem necessary for the accommodation and protection of strangers and the travel- ing public, in person or property. Tippling houses, Third. To restrain, prohibit, knd suppress the tippling- shops, saloons, dram-shops, slaughter-houses, billiard-tables, ten-pin alleys, houses of prostitution and other disorderly practices, and houses, games and gambling houses, desecra- tion of the Sabbath-day, commonly called Sunday, and all kinds of indecence. . • dSS^ > Fourth. To make regulations to prevent the introduction of contagious diseases into the city ; to make quarantine laws for that purpose, and to enforce the same within five miles of the city. Hospitals, etc. Fifth. To crcct, establish, and regulate hospitals, work- Ch. 46.] CITIES. 59 houses^ houses of oorrection, poor-houses and pest-houses^ and provide for the government and support of the same. Sixth. To' make regulations to secure the general health of N«i»nc€a. the city, and to prevent and remove nuisances, and to make and prescribe regulations for the cleaning and keeping in order all slaughter-houses, stock-yards, warehouses, stables, or other places where offensive matter is kept or liable to ac- * cumulate. Seventh, To establish, regulate, and support night watch p®"^- and police, and to define the duties thereof. Eighth. To provide for the lighting and sprinkling of streets, and erection of lamp-posts. Ninth. To erect and establish market houses and market Market houses, etc. places where the same will not obstruct the traveling of per- sons upon the walks and along the streets of the. city, and to license meat shops, and to regulate and govern each and all of the above places ; and to provide for the erection of all ^^^^ impiwe- other useful and necessary buildings for the* use of the city, and for the protection and safety of all property belonging to the city, and to provide for the safety and protection of pri- vate property, where dangers are likely to accrue by the action of the elements or through the carelessness or negligence of any servant or officer of the city; to grant permits or to make contracts for the exclusive or limited right with persons or associations to mine for coal, metals, or stone, within the cor- porate limits of such city, under such restrictions as shall protect public and private property, and insure ^proper re- muneration for such grants ; and to establish, alter and change the channels of streams and water courses, and bridge the same: Provided, That any such improvement mentioned in Proviso. this subdivision, costing in the aggregate a sum greater than ten thousand dollars, shall not be authorized until the ordi- nance providing therefor shall be submitted to and ratified by a majority of the legal voters of such city. Tenth. To provide that any person desiring to subdivide Additions to dty. any addition or tract of land within the present city limits shall submit a plat and map of said subdivision to the mayor or city council, to be approved by said mayor and council be- fore the same shall be filed in the register of deed's office of the county in which said land is located : Provided, That the Proviso. person or persons so desiring to subdivide his or their addi- tion or tract of land shall not, in dedication of the streets and 60 CITIES. [Ch. 46. Guard against fire. alleys or public grounds of said addition or subdivision for public usCj reserve to themselves, their heirs or assigns, the right to quarry or dig any rock, coal or. other mineral, or any reservation whatever in said streets, or alleys, or public grounds. Eleventh, To provide for the prevention or extinguishment of fires, and to organize and establish fire and hook-and-ladder companies ; to j)rovide for a fire department, and to regulate the same; to regulate, restrain or prohibit the erection of wooden buildings within such limits as may be prescribed by ordinance, and to provide for the removal of the same at the expense of the owners thereof when erected and suflFered to ManufiMstories- remain contrary to the ordinances of the city : to regulate and dangerous, etc. t^ ii • /» prevent the storing of green hides and the carrying on of manufactories dangerous in causing or producing fires, injuri- ous to health, or obnoxious or oflFensive to the inhabitants of said city ; to appoint a fire marshal, with power to remove and keep away from the vicinity of any fire all idle and sus- picious persons lurking near the . same, and to compel any person or persons present to aid in extinguishment of such fire, or the preservation of property exposed to the danger of the same, and in preventing goods from being purloined thereat, and with such other powers and duties as may be prescribed by ordinance; and to compel the owners of houses and other buildings to have scuttles upon the roofs of any such houses ; Und to impose a penalty for the violation of any of the provisions of such ordinance. Twelfth, To regulate and order the cleaning of chimneys. Thirteenth, To regulate the storage of powder, tar, pitch, turpentine, resin, hemp, baled hay, cotton, and all other com- bustible materials, and the storing of lumber in yards or on lots within the fire limits of the city, or as they may be pre- scribed by ordinance, and the use of lights and candles in stables, shops, and other places; to remove or prevent the construction of any fire-place, chimney, stove, oven, boiler, kettle, or any apparatus used in any house, building, manu- factory or business, which may be dangerous in causing or producing fires; to direct the safe construction of deposits for ashes, and to enter into and examine all dwelling houses, lots, yards, inclosures and buildings of every description, in order to ascertain whether any of them are in a dangerous state; iSTetc.^""^* ^^^ ^^® down or remove buildings, walls or superstructures Begnlate storage of powder, etc. Guard against fires. Ch. 46.] * CITIES. 61 that may become insecure or dangerous, and to require the owner of insecure and dangerous buildings, walls or other erections, to remove or render the same secure and safe, at the costs of the owner or owners of such property* Fourteenth, To regulate and prescribe the manner and J^re^aws- order the building of partition and parapet and fire walls and partition fences, and to regulate and prescribe the construc- tion and building of chimneys, smoke and hot-air flues and smoke stacks. ' FifteeTith, To regulate levees, depots, depot grounds and i^veea. depots, places for storing freight and goods, and to provide for the construction and passage of railways through the streets and public grounds of the city : Provided^ That »o person or company to whom the right and privilege shall at any time be granted by the mayor and council of such city to construct railroads through the streets of such city shall have the ex- clusive privilege to use any of the streets for that purpose except those streets through which they may actually con- struct and operate their railway tracks.. Sixteenth, To reerulate the crossings of railway tracks, and Regulate nui- o o ,/ 7 ways, etc. to provide precautions and prescribe rules regulating the same, and to regulate the running of railway engines, cars and trucks, within the limits of said city, and to prescribe rules relating thereto, and govern the speed thereof, and to make any other and further provisions, rules and restrictions to prevent accidents at crossings and on the tracks of railways, and to prevent fires from engines; and where such city shall, prior to the passage of this act, have made a contract with any railroad company or pass an ordinance permitting said railroad company to construct a railroad track across levees or public grounds of said city, and construct a depot on said levee or public grounds, or extend the time for the completion of said depot, said contract and ordinances are hereby declared to be in full force, and legal, valid and binding upon afl parties. Seventeenth. To regulate the running at large of cattle, stock running at hogs, mules, sheep, goats, dogs, and other animals, except milch cows, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such regulation and the expense of impounding and keeping the same, and of such sale; and to r^ulate and provide for the taxing of the owners and har- 62 CITIES. [Ch. 46. Dogs. Pounds, pens, etc. -Stiade trees. IBnumeration. Elections. Penalty for violation of ordf- napoe. Compensation. Oive bond. Borrow money. Interest paid. borers of dogs, and to destroy dogs found at large contrary to any ordinance regulating the same. , Eighteenth. To provide for the erection of all needful pens, pounds and buildings for the use of the city, within or with- out the city limits, and to appoint and confirm keepers thereof, and to establish and enforce rules governing the same. Nineteenth. To require and regulate the planting and pro- tection of shade trees in the streets and on the public grounds of the city, the building of bulkheads, cellar and basement ways, stairways, railways, window and doorways, awnings, hitching posts and rails, lamp posts, awning posts, and all other structures projecting upon or over and adjoining the street or sid^valk, and all other excavations through and under the sidewalks in said city. . Ikventieth. To provide for and cause to be taken an enumer- ation of the inhabitants of the city. Twenty-first To provide by ordinance for the election of city officers, and prescribe the maaner of conducting the same, and the returns theredf, and for deciding contest^ elections in any manner not in conflict with existing laws. Twenty-seeond. To provide for removing officers of the city for misconduct. Twenty^hird. To regulate the police of the city, and to impose fines, forfeitures and penalties for the breach of any ordinances, and to provide for the recovery and collection thereof, and, in default of payment, to provide for confine- ment in the city prison, or to hard labor in the city. Ikventy-fourih. To regulate and prescribe the* duties, powers and compensation of all officers and servants of the city not herein provided for. Twenty-fifth. To require from all officers and servants, elected or appointed in pursuance of this act, bonds and security for the faithful performance of their duties. Twenty-siscth. To borrow money on the credit of the city, and pledge the revenue and public property of the city for the payment thereof: Provided^ That there shall not be paid, directly or indirectly, on any indebtedness that may hereafter accrue, a greater rate of interest than seven per cent, per annum, nor shall a greater debt hereafter be contracted in any one year than ten thousand dollars in the aggregate, unless two-thirds of the votes cast at any election, to be held for that purpose, authorize the same to be done. Ch. 46.] CITIES. 63 Twenty-seventh. To agpropriate iiioney and provide for the current current expenses of the city : Provided, That no indebtedness shall be incurred, or order, warrant, or evidence of indebted- ness of the city shall be drawn or issued on the treasurer in payment of any indebtedness to exceed the amount of funds on hand in the treasury at the time: And provided further, That every order or warrant drawn on the treasury shall express on its face to whom issued, and for what purpose allowed, and the same shall be payable only to such person or his order. Twenty-eighth, To provide for the funding of the outstand- f^"J>»<^«^ ing bonded indebtedness of the city by issuing in exchange in equal amount new bonds in payment of maturing and matured bonds, to run for a period not exceeding fifteen years, bearing not to exceed ten per cent, interest, and to provide for the payment of the same in equal annual installments: Provided, That no bonds, issued under the provisions of this Proviso. act, shall be sold* for less than ninety-five cents on the dollar: And provided further, That it shall be the duty of the city, council to provide each year a fund by a levy of taxes, sufli- cient to meet the payment of said installments with the interest thereon according to their tenor. Twenty-ninth. All expenditures of moneys as in this act provided for, or payments made by the city for any purpose in this act provided for, or for any purpose whatever, shall be in pursuance of a specific appropriation made by* ordinance, and in no other manner. Thirtieth. The mayor and council shall have power to issue May issue bonds, bdnds bearing seven per cent, interest per annum, running not to exceed fifteen years, with interest coupons attached, for the purpose of funding all outstanding indebtedness existing prior to the taking efiect of this act, said bonds to be issued and made payable in the same manner as provided for bonds in subdivision twenty-seven : Provided, That no such bonds shall conditions. be issued unless the city receive in exchange therefor the full amount of such bonds in said indebtedness. Thirty-first To elect one of their own body who shall be President of . • j» 1 1 1 n • council. styled "president of the council, and who shall preside at all meetings of the council, in the absence of the mayor; and in the absence of the president of the council, to select one of their own body to occupy the place temporarily, who shall be styled "acting president of the council;" and the president 64 CITIES. [Ch. 46. Veto power. Streets, alleys, etc. Protest filed. Notice served. Proviso. and acting president, when occupying the place of mayor, shall have the same power as the raa^or, and shall also have the same privilege as other members of the council. 8ec. 14. At th'e first meeting in each month, the mayor and council shall provide by ordinance for the payment of all liabilities of the city incurred during the preceding month, or jit any time previous thereto udder this act. Sec. 15. Any ordinance appropriating money shall be subject to the veto of the mayor, as any other ordinance. Sec. 16. The niayor may veto any single item in any such ordinance, and if such item be not passed on a reconsideration thereof, the veto of the mayor to -the contrary notwithstand- ing, in the same manner as other ordinances, such item shall be stricken out, and shall not be allowed or paid by the city. Sec. 17. When the city council shall deem it necessary to open, widen, extend, grade, pave, macadamize, bridge, curb, gutter, or otherwise improve any street, alley, avenue or lane, or construct any sidewalk or crossing, either, where the side- walk is already built, or where it may be declared necessary to construct a sidewalk, with or without crossings, within the limits of the city, for which a special tax is to be levied as herein provided, such council shall, by resolution, declare such work or improvement necessary to be done; and if a majority of the persons who own such property reside in the city (except persons claiming an interest in such property by reason of tax titles), shall not, within twenty days after receiving notice, file with, the city clerk of such city their protest against such improvement, then such council shall have power to cause such improvement to be made, and to contract therefor, and to levy and collect the taxes as herein provided : Provided, That a printed copy of such resolution shall be served upon the owner of such property residing in the city (except owners by tax titles), by the street commis- sioner, personally or by copy, at the usual place of residence of such owner, within ten days after th^ passage of such reso- lution, and his return fn writing to the city clerk on such notice shall be prima fade evidence of such service: Pro- mdedy That no resolution for the same improvement shall again be passed by said council within six months afl^er such protest shall have been filed : And provided further, That when the mayor and city council shall have declared it neces- sary, by resolution, as hereinbefore provided, to construct a ! Ch. 46.] ciTiBB. 66 sidewalk and crossings along any street, alley, avenue or lane in the city, for which a special tax is to be levied as herein provided, and no sufficient protest against said sidewalk and crossings, as herein provided, shall have been filed with the city clerk, the city council shall cause the city engineer to Adwgeibr advertise for proposals for doing said .work ; and at any time prior to the contract being signed for doing said work, the owner or agent of any portion of the property liable to be taxed for said improvement may construct the sidewalk under the direction of the city engineer, and to his entire satisfaction and approval, along or in front of ^such portion of property liable to be taxed as aforesaid ; and it shall be the duty of the engineer, in calculating the amount of the tax to be levied for said improvement, to credit the statement which he files with the city clerk, showing the amount of tax due upon each block, lot or piece of ground as hereafter pro*: vided, with the amount of sidewalk so constructed by said owner or agent as aforesaid; but the construction of said sidewalk by said owner or agent as aforesaid, shall not exempt such lot or lots or piece of ground from being liable for their proportion of the tax so levied for the construction of the crosswalks and intersections across thfe cross-streets between the points named in the original resolution, declaring it neces- sary to construct said sidewalk and crossings. Sec. 18. Such special taxes shall be due after demand in special taxer, miting made on thTperson or persons liable for ihe payment "^''^ of the same by contractor, or by ten days' notice of demand in a newspaper published in the city to non-residents, and may be collected as the improvements are completed in front of, or along, or upon any block or pieqp of ground, or at the time the improvement is completed, according as shall be provided in the ordinance levying the tax. Such tax, if not paid within thirty days afl«r becoming due, shall bear interest from the day of sale at the rate of fifteen per cent, per annum, to be computed on the tax and costs of sale. Sec. 19. The cost and expense of grading, filling, paving, macadamizing, culverting, curbing, and guttering, or other- wise improving streets, sidewalks, alleys, avenues or lanes, at their intersections, may be included in the special tax levied for the improvement of any one street, sidewalk, alley, avenue or lane, as may be deemed just by the council. Sec. 20. When the special tax is levied, it shall be the >^ . • 5 66 CITIES. [Ch. 46. Duty* engmi of city eer. Owners of ground to jpoy tax pro rai liOt or piece of grounamaybe sold for non- payment of special tax. Accept improvement. duty of the engineer of the city to calculate the amount of the tax on any block or piece of ground, and file a statement thereof with the city clerk, who shall, as soon as the tax is due on any block or piece of ground, issue a certificate de- scribing it by its number and block, and stating the amount of tax due thereon, and the name of the person entitled to the same, and the purposes for which said tax was levied; and such certificate, so given, shall be the tax warrant of the con- tractor, and shall be. by the clerk placed in the hands of the treasurer, who shall keep a record of all such warrants, and enter on the margin of such records all amounts paid, and by whom paid. Sec. 21. It shall be sufficient in any case to describe the lot or piece of ground as the same is platted and recorded, although the same may belong to several persons ; . but in case any lot or piece of ground belongs to different persons, the owner of any part thereof may pay his proportion of the tax on such lot or piece of ground, and his proper share may be determined by the treasurer. Sec. 22. The mayor and council shall have power to pro- vide for the sale and conveyance of any lot or piece of ground for non-payment of such special taxes, and the deeds given to convey the same may be recorded in the office of the register of deeds, as other conveyances; the conveyance shall be to the person owning the certificate of sale at the time such convey- ance is given : Provided, That any lot or piece of ground may be redeemed within three years after the day of sale, or at any time thereafter until the tax deed is issued, by paying to the treasurer the tax, costs and interest, at the rate of fifteen per cent, per annum. Lots of lands belonging to minors, or any interest they may have in any lands sold for special taxes, may be redeemed in the same manner at any time before such minor becomes of age, and during one year thereaft^er. Sec. 23. When any improvement mentioned in this act is completed according to contract, it shall be the duty of the engineer of the city to carefully inspect the sapae, and if the improvement is found to be properly done, such engineer shall accept the same, and forthwith report his acceptance thereof to the city council (who may confirm or reject such acceptance). When the ordinance levying the tax makes the same due as . the improvement is completed in front of or along any block or piece of ground, and as provided in this act, the engineer Oh. 46.] • , CITIES. 67 may .accept the same in sections, from time to time, if found to be done according to contract, always reporting his accept- ance to the city council for confirmation or rejection. Sec. 24. Special taxes shall be a lien on the lots and pieces ^iaitaxesa of ground subject to the same, when the amount thereof shall have been ascertained ; and in case any error, irregularity or omission shall occur in the proceedings in reference to such im- provement, or the levying and collecting of such tax, proceedings may be taken anew to obviate any such error, irregularity or omission, and in all cases in which such error, irregu- larity or omission shall occur, the fair proportion of the cost of such work shall not be avoided by any property holder who did not, by notice in writing to the contractor, or filed in the office of the city clerk, doing the same, protest against such work being done before the same was or shall be com- pleted in front of or adjacent to his property ; but such tax, with the interest provided by law at the time the same was or shall be done, shall be a lien on such property. Sec. 25. That proceedings for collection of special taxes seiuotsfortaxes. provided for in this act shall be by ordinance, and the mayor and council shall have power to provide for the sale of such lots and pieces of ground for the payment thereof: Provided, That the parties entitled to collect the same may enforce their lien therefor by proceedings in any court of competent juris- diction. Sec. 26. Whenever it shall become necessary to appropriate Appropriate pn- vate property. private property for the use of the city, and such appropria- tion shall be declared necessary by ordinance, the mayor, with the approval of the council, shall appoint three disinterested freeholders of the city, who, after being first duly sworn to perform the duties of their appointment with fidelity and im- partiality, shall give the owners of such property ten days' notice in writing of the time and place when and where the damages shall be assessed, and if the owners shall be unknown DamageBasseased, ,j , . J , ,. . T_T 1 J • and by whom. or non-residents, ten days notice m a newspaper published m said city, and shall assess the damage to the owners of the prop- erty respectively by such appropriation. Such assessment shall be reported to the council, and, when confirmed by them, the damages shall be payable as provided in the next section. Where the owners and parties interested, or their respective estates and interests, are unknown, or not known to the free- 68 CITIES. [Ch. 46, holders, they may report without specifying the name or. the estate or interest of such owners. Du^es^paid to ggc, 27. Such damages shall be paid to the owners of such property. property, or deposited with the city treasurer, subject to the order .of such owners respectively, before such property shall be taken for the use of the city : Provided, That where the title to said property is in dispute, or the owners unknown to- said freeholders, it shall only be necessary for the freeholders to report such feet to the city council, together with their assessment of damages as hereinbefore provided, and when said report is accepted and adopted by the council, and the appropriation made by ordinance for the payment of such damages, without specifying the owner or owners' names in either the report of said freeholders or in the ordinance, the S2Son*5f* city shall have the legal right to enter upon and take posses* when?* P^P*'*^' sion of Said property, and their title to the same shall be per- fect and complete, and such city shall not be obliged to deposit said damages especially with the treasurer, payable to the order of the owner, or tender the same to any pretended owner, until the title to said property is determined by the decree of some competent court, and a certified copy of such decree filed with the city clerk, and presented to the city council, or the title and ownership to said property shall be ascertained by the city council ; and the city council shall have the right and power to pass a resolution giving notice to all property owners interested in such city, as provided in section eighteen of this act, declaring said work or improvement necessary to be done, without the ownership or title to the property proposed to be improved having first been determined by the courts or ascertained by the city council as aforesaid. Sec. 28. If the assessment of the freeholders be not con- firmed by the coimcil, proceedings may be taken anew to assess the damages. ARTICLE III. — POWERS OF THE MAYOR. dutiSTof^mayor. Sec. 29. The mayor shall have power to sign or veto any ordinance passed by the city council. Any ordinance vetoed by the mayor may be passed over the veto by a vote of three- fourths of the whole number of councilmen elected, notwith- standing the veto; and should the mayor neglect or refuse to sign any ordinance, or return the same with his objections in writing, at the next meeting of the council, the same shall take efiect without his signature. < Ch. 46.] CITIES. 69 Sec. 30. All orders and drafts upon the treasurer for money same. shall be signed by the mayor, and shall be attested by the ciiy clerk, who shall also fix the seal of the city, and keep an accurate record thereof in a book to be provided for that pur- Sex:j. 31. The mayor shall preside at all the meetings of the same. city council, except as herein otherwise provided, and shall have a casting vote when the council is equally divided, and not otherwise; and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and this act are complied with. Sec. 32. • He shall sign the commissions or appointments of all the officers elected and appointed in the city government. Sec. 33. He shall be a conservator of the peace throughout the city, and shall at all times have power, by and with the X3onsent of the ciiy council, and not otherwise, to appoint any number of special policemen which he may, in oases of such emergency, deem necessary to preserve the peace of the city, and to dismiss the same at pleasure. Sec. 34. He shall, from time to time, communicate to the ««°«®«'<^- event shall the new corporation be liable for such prior exist- ing obligations of either city or municipal corporation unless expressly provided for in the act of consolidation. Sec. 2. That sections one hundred and thirty and one hun- 82 CIVIL BIGHTS. [Ch. 49. dred and thirty-one of article six of the act to which this act is amendatory be and the same are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication once in the Kansas Daily CbmmonwecUth. Approved February 27, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now' on file in my office, and that the same was published in .the daily Oommonwealth, March 1, 1874. W. H. SMALLWOOD, Secretary of State. . CHAPTER XLIX. CIVIL EIGHTS CONFERRED. Ak Act to provide for the protection of citizens in their civil and public rights. Be U enacted by the Legislature of the State of Kansas: JSSSitobe*"* Section 1. That if any of the regents or trustees of any SoviSoiisarthi* state university, college, or other school of public instruction, or the state superintendent, or the owner or owners, agents, trustees or managers in charge of aqy inn, hotel or boarding house, or any place of entertainment or amusement for which a license is required by any of the municipal authorities of this state, or the owner or owners or person or persons in charge of any steamboat, railroad, stage coach, omnibus, street car, or any other means of public carriage for persons or freight within the state, shall make any distinction on ac- . count of race, color or previous condition of servitude, the SonoVart ^*^^" P^^'son so offcuding shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court of competent juris- diction, shall be fined in any sum not less than ten nor more than one thousand dollars, and shall also be liable to damages in any court of competent jurisdiction, to the person or per- sons injured thereby. 5J??to1chSoi^^ Sec. 2. All fines collected under and by virtue of this act shall be paid over to the public school fund of the county in which the ofiense was committed. Ch. 50.] COFFEY COUNTY. 83 Sec. 3. That all acts or parts of acts conflicting with this act be and the same are hereby repealed. Sec. 4. This act shall take effect and be in force from and after its publication in the statute book. Approved February 27, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled billj now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER L. COFFEY COUNTY— ASYLUM FOR THE POOR. An Act to authorize the County Commissioners of Coffey county to buy an Asylum for the Poor. Be it efruKsted by the Legislature of the State of Kansas: Section 1. That the county commissioners of Coffey May laraebonda. county are hereby authorized to issue ten thousand dollars in Coffey county bonds, running not longer than ten years, and baring interest at ten per cent, per annum, or so much of said bonds as may be necessary for the purpose of purchasing a farm and erecting buildings thereon for an asylum for the poor of said county: Provided, That no part of said bonds Jjjj^jg^^ shall be issued until the proposition of issuing said bonds and buying said asylum is submitted to a vote of the people of said county of Coffey, and ratified by a majority of the voters voting on said proposition; and the commissioners are authorized to submit this proposition to the voters of Coffey county at the general election for township officers. Sec. 2. This act shall take effect and be in force from and after its publication in the Burlington Patriot. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Burlington Patriot, March 12, 1874. W. H. SMALLWOOD, Seoi^etary of State. 84 CONVICT LABOB. [Ch. 51. AdverUflefor piopoMlfl. Terms upon which contract may^bexnade. goitfl In law, how broni^t. CHAPTER LI. CONVICT LABOR-HOW CONTRACTED FOR, An Act to regulate and govern the letting of Prison Labor. Be it enacted by the LegislcUure of the State of Ka/nsaa: Section 1. That the labor of the prisoners in the state- penitentiary may be hired to one or more individuals or cor- porations at a stipulated price per day for the labor of each prisoner, as hereinafter provided. Sec. 2. Before letting any contract, the chairman of the board of directors shall advertise for proposals for bids in at least two papers of general circulation, and published in each congressional district in this state, for at least sixty, days pre- ceding the opening of the bids and awarding the contract. Sec. 3. No contract shall be made for a term exceeding ten years, and shall be awarded to the highest responsible bidder, but not at a le^ price than forty-five cents per diem for each able-bodied convict. No bid shall be entertained unless it be accompanied with a bond of five thousand dollars, which bond shall be conditioned for a fiiithful compliance with the terms of the bid made, if accepted. Sec. 4. The directors of the state penitentiary shall be constituted a board to open and consider bids and award con- tracts, and are empowered to act in all matters appertaining thereto, and for the settlement of any question that may at any time arise under such contract for and in behalf of the state penitentiary. Sec. 5. If any question arises in relation to and under any contract made for the employment of prison labor during the period between the meeting of the board of directors, it shall be determined by the warden, and be reported by him to the board at the next regular meeting of the directors for their concurrence, rejection or settlement. Sec. 6. All contracts made for the employment of prison labor shall be signed by the chairman of the board of direct- ors, and any suit brought under, for, or on account of any claims arising out of said contract, shall be brought by and in the name of the chairman of the board of directors of the state penitentiary, and he by that name shall be capable in law of suing and being sped in all courts. Oh. 52.] ooBPORATioNS. 86 Sec. 7. In contracting the labor of the prisoners^ the state BeMrredrighttto «hall retain the right of full control through the proper officers over them, and shall reserve the right to govern the prisoner, and to change the disciplinary rules of the prison, :and to forbid any work or mode or manner of doing the same that is injurious to the health or dangerous to the person of the prisoner; and the party hiring the labor shall be required, so fer as practicable, to teach each prisoner as much of the trade at which he is employed as will enable him to work at ihe same when discharged from prison. No contract shall be made for the employment of the prisoners outside of the pri8Q^ grounds. A day's labor shall be ten hours. The bond t^^J^^ ^ to secure performance of contract in each case shall be exe- cuted to the State of Kansas in such a sum as may be deter- mined by the board, but in no case to be a less sum than ten thousand dollars nor more than fifty thousand dollars, and be approved by the board making the award, or a majority of them. « Sec. 8. This act shall take, effect and be in force from and after its passage, and publication in the Kansas Farmer. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer^ March 26, 1874. W. H. SMALLWOOD, Secretary of State. . CHAPTER LII. CORPORATIONS— PRIVATE. An Act to amend section one hundred and twenty-two, article fourteen, chapter twenty-three, General Statutes of 1868, relating to religious, char- itable, and other corporations. JBe it enacted by the Legislature of the State of Kansas: • Section 1. That section one hundred and twenty-two* ar- whataaeoda- '^ tlons may become tide fourteen, chapter twenty-three. General Statutes of 1868, corporate bodies be and is hereby amended so as to read as follows, to wit: ^Section one hundred and twenty-two. Any religious society. 86 CORPORATIONS. [Ch. 53. military or fire company, literary, charitable or benevolent association, other than colleges, universities, academies or seminaries, or any grand or subordinate lodge of Free and Accepted Masons, or of the Independent Order of Odd Fel- lows, or Patrons of Husbandry, or Sovereigns of Industry, or of the order of Knighte of Pythias, may, by the consent of a majority of its members, become bodies corporate under this act, by filing the charter required by this act, electing: directors or trustees, and performing the things as are directed in the case of other corporations; and, when so organized,, shall have all the powers and privileges, and be subject to all the restrictioid^ in this act contained, for the objects named in the charter, and shall have the same power to make by-law& for the regulation of their afiairs as other corporations. Such directors or trustees shall not usurp or exercise the functions- of the officers in charge of the spiritual afiairs of any society. Sec. 2. Original section one hundred and twenty-two, of which this act is amendatory, is hereby repealed. Sec. 3. This act shall take efiect and be in force firom and after its publication once in the statute book. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of StcUe. CHAPTER LIII. CORPORATIONS— PRIVATE. An Act supplemental to an act entitled ''An act to amend chapter one hun- dred and five. Laws of 1872, section t^o of an act entitled 'An act to» amend section four of chapter twenty-three of Laws of 1868, and section one of chapter sixty-five of the Laws of 1871, concerning private corpo- rations,' " being chapter seventy. Laws of 1873. i5e it eTiaeted by the Legislature of the State of Kansas: Section 1. In addition to the purposes for which private corporations may be fijrmed, as provided in chapter seventy,, laws of 1873, are the following: The transaction of any Ch. 54.] COUNTIES AND COUNTY OFFICERS. • 87 manu&cturing, mining, mechanical, chemical, or mercantile and agricultural implements and produce business, either . separately or all combined. Sec. 2. This act shall take effect from and after its publica- tion in the Kansas Farmer. Approved March 5, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmery March 18, 1874. W. H. SMALLWOOD, Se(yr€tary of State. CHAPTER LIV. COUNTIES AND COUNTY 0FFICEE8— SALARIES, ETC. An Act supplemental to and amendatory of an act entitled "An act fixing, salaries and prescribing duties of certain county officers in counties haying over thirty thousand inhabitants/' approved March 1, 1872. Be it enacted by the Legislature of the State of Kansas: Section 1. That the act above named, and to which this act is supplemental and amendatory, shall take effect and be in force immediately from, and after the passage and publica- tion of this act. Sec. 2. That section four of the act to which this act is supplemental and amendatory, is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication once in the Leavenworth Tmes. Approved February 18, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that, the same was published in the LeaveawoHh limes, February 25, 1874. W. H. SMALLWOOD, Secretary of State. 88 C0IJNTIE8 AND OOIJNTY OFFICERS. [Ch. 56. CHAPTER LV. NAME OF BILLINGS COUNTY CHANGED TO NORTON. An Act to change the name of Billings county. Be U enacted by the Jjegialdture of the State of Kansas: Section 1. That the name of Billings county be and the same is hereby changed to that of Norton. Sec. 2. Section 35 of chapter 72 of the session laws of 1873 be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas Fai^mer. Approved February 19, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer^ February 25, 1874. W. H. SMALLWOOD, Secretary of Staije. CHAPTER LVI. COUNTY AUDITORS IN CERTAIN COUNTIES. Ak Act entitled ''An act to amend sections one and ten of an act entitled *An act to provide for County Auditors, and specifying their powers, and for other purposes connected therewith/ " approved February 27, 1872, and supplementary to said act Be U enaMed by the Legislature of the State of Kansas: wh^appointed. SECTION 1. That section one is hereby amended so as to read as follows: Section 1. That in all counties containing over thirty thousand inhabitants, there shall be appointed by the district court of the judicial district in which such county is embraced, in conjunction with the probate court and county attorney of such county, and confirmed by the board of county commissioners, one person who shall have the quali- fications of an elector, and who shall be styled county auditor. CJh. 56.] CJOUNTIES AND COUNTY OFFICEBS. 89 and who shall hold his office for the period of two years,' unless sooner removed by the appointing power for cause according to existing law, and if so removed the causes thereof shall be made part of the record of the board of county commissioners. Sec. 2. That section ten is hereby amended so as to read oompensatioiL as follows: Section 10. The compensation of the auditor shall be not less than five hunlired nor more than one thousand dollars per annum, to be provided for by the boards of county commissioners, and shall be paid quarterly out of the county treasury, like salaries of other officers. Sec. 3. It shall be the duty of the auditor, once in two Duues. months, to examine the accounts of the county treasurer, and report thereon in detail to the board of county commissioners at their next regular meeting after such examination. Sec. 4. The sheriflfe of counties find the clerks of district and criminal courts are hereby required to prepare and file with the respective county auditors quarterly a sworn state- • ment of the fees, fines and other moneys collected by them, for which they are accountable to the respective counties, and it shall be the duty of the auditor to examine the books of such officers, compare the sworn statements with the facts, and report the result of his examination to the county treas- urer. Sec. 5. It shall be the duty of the auditor to inform the same. county attorney of any neglect or refusal on the part of either of the above-named officers to make such reports or turn over to the proper authorities the moneys in their hands, and on such information the county attorney shall commence proceedings in the proper court against such officers. Sec. 6. That the original sections one and ten, of which this act is amendatory, be and the same are hereby repealed. Sec. 7. This* act shall take*efiect and be in force from and after its publication in the Kansas Farmer. Approved February 28, 1874. I hereby certify .that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmery March 18, 1874. W. H. SMALLWOOD, Secretary of State. 90 CJOUNTIES AND CJOIJNTY OFPICEBS. [Ch. 67. CHAPTER LVII. COUNTIES THAT MAY FUND INDEBTEDNESS. An Act authorizing counties having over thirty thousand inhabitants to provide for the funding of their accrued and accruing indebtedness. Be it enacted by the Legislature of the Staie of Kansas: May lasue bonds. SECTION 1. The county Commissioners of counties having over thirty thousand inhabitants are hereby authorized to issue the bonds of such county in an amount equal to the. accrued and accruing indebtedness of such counties, for the purpose of exchanging such bonds so issued or selling the When payable, same to pay such indebtedness: Provided, That such bonds shall be made payable in not less than ten years nor more Interest than fifteen years, and that said bonds shall bear interest at * the same rate that the indebtedness so accrued or accruing bears at the date of the issue of such bonds, and such bonds shall not be sold or exchanged for less than par. Sd attoted!*"^ Sec. 2. The bouds issued under the provisions of this act shall be signed by the chairn^an of the board of county com- missioners, attested by the county clerk, and shall have the seal of the county impressed thereon, and shall have interest coupons attached thereto, payable semi-annually, at the office of the county treasurer. ^*^ ***• Sec. 3. It shall be the duty of the board of county com- missioners, at the time of the annual tax-levy, to levy an amount sufficient to pay the semi-annual interest on the bonds issued under the provisions of this act, and to create a sinking fund to pay the principal of said bonds at maturity. tobe^e^t ^"^^ ^^^* ^* '^^^ couuty clcrks of such counties shall keep a record of the bonds issued under the provisions of this law, showing when such bonds were issued, to whom, and in pay- ment or exchange of what indebtedness. Sec. 5. All laws and parts of laws in conflict with this law * are hereby repealed. Sec. 6. This act shall take efiect and be in force from and afl;er its publication in the Leavenworth Daily Times. Approved March 3, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, Ch. 59.] COUNTIES AND COUNTY OFFICERS. 91 and that the same was published in the Leavenworth Daily Times, March 7, 1874. W. H, SMALLWOOD, Secretary of State. CHAPTER LVIII. STATUTE REPEALED. An Act to repeal an act entitled "An act conferring powers therein specified on County Commissioners in counties haying oyer thirty thousand inhab* itants." Be it enacted by the Legislature of (he State of Kansas: Section 1. That an act entitled "An act conferring powers therein specified on county commissioners in counties having over thirty thousand inhabitants," being chapter one hundred and nine of the Laws of 1872, and approved February 27, 1872, be and the same is hereby repealed. Sec. 2. This act shall take effect and be in force from and after its passage, and publication in the statute book. Approved March 3, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER LIX. boundaries of EDWARDS AND OTHER COUNTIES DE- FINED. An Act defining the boundaries of Edwards and other counties, and amendatory of chapter twenty-four of the Greneral Statutes of Kansas, approved March 3, 1868, (as amended by an act approved March 6, 1873,) defining the boundaries of counties. Be it enacted by the Legislature of the State of Kansas: Section 1. The county of Edwards is bounded as follows: Edwards Commencing at the intersection of the east line of range six- teen west with the north line of township twenty-four south^ 92 C0IJNTIE8 AND COUNTY OFFICEES. [Oh. 69. Kiowa. fitaflford. Pawnee. thence west with said township line to the east line of range nineteen west^ thence north with said range line to the north line of township twenty-three south, thence west with said township line to the east line of range twenty-one west, thence south with said range line to the north line of town- ship twenty-seven south, thence east with said township line to the east line of range sixteen west, thence north to the place of beginning. Sec. 2. That section thirty-seven of said act be so amended as to read as follows: Section 37. The county of Kiowa is bounded as follows : Commencing at the intersection of the east line of range sixteen west with the north line of town- ship twenty-seven south, thence west with said township line to the east line of range twenty-one west, thence south with said range line to the north line of township thirty-one south, thence east with said township line to the east line of range sixteen west, thence north with said range line to the place of beginning. Sec. . 3. That section seventy-three of -said act be so amended as to read as follows : Section 73. The county of Stafford is bounded as follows: Commencing at the intersec- tion of the east line of range eleven west with the north line of township twenty-one south, thence west with said town- ship line to the east line of range fifteen west, thence south with said range line to the north line of township twenty- four south, thence west with said township line to the east line of range sixteen west, thence south with said range line to the north line of township twenty-six south, thence east with said township line to the east line of range eleven west, thence north with said range line to the place of beginning. Sec. 4. That section twenty-seven of chapter seventy-two' of the laws of 1873, be amended so as to read as follows: Section 27. The county of Pawnee is bounded as follows: Commencing at a point where the north line of township twenty south intersects the east line of range twenty-one west, thence east along the north line of township twenty to the east line of range sixteen west, thence south along the east line of range sixteen west to the fourth standard parallel, thence east along said fourth standard parallel to the east line of range fifteen west, thence south along the east line of range fifteen west to the north line of township twenty-four south, thence vest along the north line of township twenty- Ch. 60.] CX)ITRTS — ^DISTRICT. 93 four south to the east line of range nineteen west, thence north along said east line of range nineteen west to the north, line of township twenty-three south, thence west along the north line of township twenty-three south to the east line of range twenty-one west, thence north along siaid east line of range twenty-one west to the place of beginning. Sec. 5. That sections thirty-seven and seventy-three of the axsts to which this is amendatory and supplemental are hereby repealed. Sec. 6. All the rights, privileges and duties incident to the organization of new counties, as defined by chapter twenty-four of the general statutes of Kansas and subsequent amendments thereto, are hereby applied to Edwards county. Sec. 7. This act shall take effect and be in force from and after its publication in the Kansas Weekly Farmer. Approved March 7, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, March 18, 1874. • W. H. SMALLWOOD, Secretary of State. CHAPTER LX. FIFTEENTH JUDICIAL DISTRICT— EMULATE TERMS OF COURT. An Act to r^ulate and fix the terms of court in the Fifteenth Judicial Circuit. Be it enacted by the Legislature of the State of Kansas: Section 1. That hereafter the terms of the district court Terms of court. for the fifteenth judicial district shall commence in each year as follows : In the county of Mitchell on the fourth Monday of March, the first Monday of August, and the first Monday of December; in the county of Jewell on the first Monday of April and the third Monday of September; in the county of Osborne on the second Monday of April and the fourth Monday of September; in the county of Smith on the first Monday of May and the first Monday of October; in the 94 COTTBTS — DMTBICrr. [Ch. 61. jtaxnnioiifles, etc* ITotioes. county of Phillips on the second Monday of May and the second Monday of October; in the county of Norton on the third Monday of May and the third Monday of October; in the county of Books on the fourth Monday of May and the fourth Monday of October. Sec. 2. All summonses, subpenas, bonds^ recognizances^ and all other processes which may have been or may be issued and made returnable to the terms of the district court in any or either- of the counties hereinbefore named as heretofore required to be held, shall be deemed* and taken to be return- able to the terms of the district court in the respective coun- ties as herein required to be held. All notices which may have been given, either by publication or otherwise, with reference to the terms of said court as heretofore required to be held, shall, by force of this act, refer to the terms of court required to be held under this act. All proceedings pending in said courts shall be taken up and proceeded with rft the terms herein specified for the holding of said courts, as if no alteration had been made in the time of holding the same. Sec. 3. This act shalltake effect and be in force from and after its publication in the Kansas Daily Commonwealth. Approved March 3, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the daily CommonweaJihy March 5, 1874. W. H. SMALLWOOD, Secretary of State, CHAPTER LXI. FOURTEENTH JUDICIAL DISTRICT— TERMS OF COURT. An Act to amend an act entitled "An act changing the terms of court of the Fourteenth Judicial District, and establishing court in certain counties therein named/' approved March 6, 1873. Be it enacted by the Legislature of the State of Kansas: m Section 1. That section one of an act entitled "An act changing the terms of court of the fourteenth judicial district, and establishing court in certain counties therein named," Ch. 61.] COURTS — DISTRICT. * 95 approved March 6, 1873, be and the same is hereby amended fio as to read as follows: Section 1. That the terms of court Terms. of the fourteenth judicial district shall hereafter commence in each year as follows, to wit: In the county of Saline on the second Monday of March, the last Monday of May, and the first Monday of November; in the county of Ellsworth on the second Monday of May and the third Monday of October; in the county of Ellis on the first Monday of April and the first Monday of September; in the county of Lincoln on the second Monday of April and the third Monday of September. In the county of McPherson on the first Mon- day of March and the second Monday of September; in the county of Russell on the first Monday of May and the fourth Monday of October. Sec. 2. All summons, subpenas, bonds, recognizances, and !?,S?^Jbie **"" all other processes which may have been or may be issued and '^^^^' made returnable to the terms of the district courts in the re- spective counties^ herein required to be held; all notices which may have been given, eithel* by publication or otherwise, with reference to the terms of said court as heretofore required to be held, or any or either of them, shall, by force of this act, refer to the terms of court required to be held under this act, and all proceedings pending in said court shall be taken up and proceeded with at the terms herein specified for hold- ing of said courts as if no alteration had been made in the term of holding the same. Sec. 3. That original section one of the act to which this is amendatory is hereby repealed. Sec. 4. This act shall take effect and be in force from and aftier its publication in the Kansas Weekly Commonwealth. Approved March 7, 1874. I hereby certify that the foregoing is a true and correct oopy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Commonwealth, March 19, 1874. W. H. SMALLWOOD, Secretary of State. 96 'courts — ^DISTRICT. [Ch. 63. CHAPTER LXII. fourteenth judicial district— additional term ln Mcpherson county. An Act to provide for an additional term of the DiBtrict Court of McPherson coanty, in the Fourteenth Judicial District. Be U enacted by the Legislature of the State of Kaifiaas: Section 1. That there shall be held in the county of McPherson an additional term of the district court, com- mencing on the first Monday of March in each year. Sec. 2. This act, shall take efiect and be in force from and after its publication once in the Kansas Farmer. Approved February 18, 1874. I hereby certify that the forgoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kamsas Farmer, February 25, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER LXIII. THIRTEENTH AND FIFTH JUDICIAL DISTRICTS— TERMS OF COURT. An Act to regulate the terms of the District Courts of the Fifth and Thirteenth Judicial Districts. Be it enaxsted by the Legislature of the State of Kansas: Fifth dtetrict. Section 1. The terms of the district court for the fifth judicial district shall commence in each year as follows : In the county of. Lyon on the first Tuesday of March and the first Tuesday of September; in the county of Cofiey on the fourth Monday of May, the second Monday of August and first Monday of December; in the county of Osage on the first Monday of April and second Monday of November; in the county of Greenwood on the third Tuesday in April • and the second Tuesday in October. Ch. 63.] CX)URTS — DISTRICT, 97 Sec. 2. The terms of the district court of the several '!^^^ counties in the thirteenth judicial district shall commence and be held at the times following, viz. : In the county of Butler on the first Mondays of February, May and August of each year; in the county of Sedgwick on the second Mondays of March and September of each year; in the county of Cowley on the fourth Mondays of March and September of each year; in the county of Sumner on the second Mondays of April and October of each year; in the county of Howard on the fourth Mondays of Aprfl and October of each year. Sec. 3. All summonses, subpenas, bonds, recognizances, anil mS™re^JS*fe all other processes which may have been or may be issued and made returnable to the terms of the district court in any or either of the counties hereinbefore named, as heretofore required to be held, shall be deemed, and taken fo be return- able to the terms of the district court in the respective counties as herein required to be held. All notices which may have been given either by publication or otherwise with reference to the terms of said court as heretofore required to be held, shall by force of this act refer to the terms of court required to be held under this act. All proceedings pending in said courts shall be taken up and proceeded with at the terms herein specified for the holding of said courts as if no alteration had been made in the time of holding the same. Sec. 2. This act shall take efiect and be in force from and after its publication in the Kansas Weekly CommpnweaUh. Approved March 7, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office,, and that the same was published in the weekly CcmimonweaWiy March 19, 1874. W. H. SMALLWOOD, Secretary of State^ 7 ' 98 COURTS — ^DISTBICT. [Ch. 64. Terms of court. CHAPTER LXIV. ELEVENTH JUDICIAt DIHTRICT— FIX TERMS OF CJOURT. An Act to regulate and fix the terms of court in the Eleventh Judicial District. Be it enacted by the Legislature of the State of Kansas: Section 1. The terms of thii district court for the eleventh judicial district shall commence in each year as follows : In the county of Crawford on the first Tuesdays of January and April, and on the fourth Tuesday, of September; in the county of Cherokee on the fourth Mondays of January and April, and the third Monday of October; in the county of Labette on the third Monday of February, fourth Monday of May and second Monday of November; in the county of Montgomery on the second Tuesday of March and first Tues- days of September and December. Summonses, etc. Qec^ 2. All summouscs, subpcuas, bonds and recognizances, and all other processes which may have been or may be issued and made returnable to the terms of the district court, in any or either of the counties hereinbefore named, as heretofore Tequired to be held, shall be deemed and taken to be return- able to the terms of the district court in the respective coun- ties as herein required to be held. All notices which may have been given, either by publication or otherwise, with reference to the terms of said court as heretofore required to be held, or any or either of them, shall, by force of this act, refer to the terms of court required to be held under this act. All proceedings pending in said courts shall be taken up and proceeded with at the terms herein specified for the holding of said courts as if no alteration had been made in the time of holding the same. Sec. 3. Chapter one hundred and twenty-one of the session laws of 1872 is hereby repealed. Sec. 4. This act shall take effect and be in force from and after the twenty-seventh day of April, 1874, and its publica- tion in the weekly OommonweaUh, Approved March 5, 1874. I hereby certify that the foregoing is a true and correct <3opy of the original enrolled bill, now on file in my office, notices. Ch. 65.] CX)URTS — DISTRICT. . 99 und that the same was published in the weekly ChmmonweaMh, March 19, 1874. W. H. SMALL WOOD, Secretary of State. CHAPTER LXV. TENTH JUDICIAL DISTRICT— LINN COUNTY ATTACHED. As Act to change the boundaries of certain Judicial districts therein named, and to fix the times for holding courts therein. J5e U enacted by the Legisloiure of the State of Kansas: Section 1. The county of Linn is hereby detached from the sixth judicial district and annexed to and made a part of the tenth judicial district. Sec. 2. The terms of the district court for the tenth judi- Terms of court. arts of acts inconsistent with this act are hereby repealed. ' '• Sec. 4. This'aet»shall take effect and be in force from and after its publioation in the Topeka Daily Oommonwealth, Appmyed Tflarch 7, 1874. « I'hdrjeby certify that the foregoing is a true and correct c^jjy'irf the original enrolled bill, now on file in my ofBce, '•;anjd that the same was published in the daily Common- . '..^/treaftA, March 11, 1874. W. H. SMALLWOOD, « Secretary of State. CHAPTER LXVIII. SEVENTH JUDICIAL DISTRICT— TERMS OF COURT CHANGED. An Act to change the terms of the District Courts in the Seventh Judicial District. Be it enacted by the LegislaJture of the State of Kansas: Section 1. That section one of chapter one hundred and fourteen of the session laws of 1872, be amended so .as to Terma. read as follows: Section 1. That the terms of the district court in the several counties of the seventh judicial district shall commence in each year as follows, viz. : In the county of Woodson on the first Monday of March, second Monday of June, and second Monday of October; in the county of Allen on the second Monday of March, first Monday of July, and third Monday of November; in the county of Neosho on the first Tuesday of April, second Tuesday of July, and second Tuesday of December; in the county of Wilson on the first Tuesday of February, the third Tuesday of May, and the second Tuesday of September. Ch. 69.] COURTS — DISTRICT. 10$ Sec. 2. Section one of chapter one hundred and fourteen of the laws of 1872 is hereby repealed. Sec. 3. This act to take effect and be in force from and after its publication in the WUson County Free Press. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office^ and that the same was published in the Wilson County Free Press, March 19, 1874. W. H. SMALLWOOD, Secretary of State, CHAPTER LXIX. FOURTH JUDICIAL DISTRICT— TERMS OF COURT IN DOUG- LAS COUNTY. An Act fixing the times for the terms of the District Court in Douglas • county. Be U enacted by the Legislature of the State of Kansas: Section 1. That the terms of the district court in Douglas county shall hereafter commence on the second Monday in April and the first Monday in October in each year. Sec. 2. All laws and parts of laws inconsistent with this act are hereby repealed. Sec. 3. This act shall take eflFect and be in force from and after its publication once in the Weekly OommonweaMh. Approved January 22, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled* bill, now on file in my office, and that the same was published in the weekly GommonweaMh, January 29, 1874. W. H. SMALLWOOD, Secretary of State. i04 CRIMES AND PUNISHMENTS. [Ch. 71. CHAPTER LXX. CRAWFORD COUNTY— BOUNDARY. An Act relating to the boundary lines of the County of Crawford, Kansas, and amendatory of section eighteen, chapter twenty-four, of the General Statutes of 1868. Be U enacted by the Legiakdure of the State of Kansas: Section 1. That section eighteen, chapter twenty-four of the general statutes of 1868, be amended so as to read as follows: Section 18. The county of Crawford is bounded as follows: Commencing at the southeast corner of Bourbon county, thence south on the east line of the State of Kansas to the southeast corner of section thirteen, township thirty- one, range twenty -five ; thence west on sectional lines to the west line of the Cherokee neutral lands; thence with the boundary of Labette county to the southeast corner of Neosho county; thence north with the east line of Neosho county to the south boundary of Bourbon county. Sec. 2. That section eighteen, chapter twenty-four, of Virhich this is amendatory, be and the same is hereby repealed^ Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas Commonwealth, Approved March 9, 1874. . I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Commonwealth^ March 26, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER LXXI. BRIDGE OR MILL DAM— MALICIOUSLY INJURE OR DE- STROY. An Act to amend an act entitled "An act regulating Crimes and Punish- ments." ' Be it enoMed by the Legislature of the State of Kansas: Section 1.. That section one hundred and nine of chapter thirty-one of an act entitled "An act regulating crimes and Ch. 72] CRIMES AND PCNISHMENTS. 106 punishments," be so amended so as to read as follows : Sec- tion 109. Every person who shall willfully and maliciously cut down, injure, break or destroy any bridge or mill dam or other dam erected to create hydraulic power, or any embank- ment necessary to support such dam, or shall willfully or maliciously make or cause to be made any aperture in such dam or embankment, with intent to destroy or injure the same, and every person who shall erect a dam upon any cnmeand stream upon which a dam for a mill or other manufacturing purposes is in operation, or shall willfully and maliciously place any obstruction on such stream with the intent thereby of backing the water upon any dam already erected, or shall willfully or maliciously obstruct the running of said mill or other manufactory by lessening the water power thereof, shall be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundjjed dollars, or by imprison- ment in a county jail not exceeding one year, or by both such fine and imprisonment. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas Farmer. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, March 25, 1874. W. H. SMALLWOOP, Secretary of Stale, * CHAPTER LXXII. PERSONAL PROPERTY MORTGAGED— PENALTY FOR DIS- POSING OF, ETC. An Act to provide for the punbhmentof mortgagors of personal property for selling, disposing of or concealing the same. Be it enacted by the Legislature of the State of Kansas: Section 1. That any mortgagor of personal property who shall injure, destroy, sell or dispose of such property, or any part thereof, for the purpose of defrauding the mortgagee, or his or her assigns, or shall conceal such property or any part 106 DEAF AND DUMB ASYLUM. [Ch. 73. thereof with the intent to hinder, delay or defraud such mortgagee, or his or her assigns, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed six months, or by a fine of not less than fifty dollars or more than five hundred dollars, or by both such fine and imprison- ment. Sec. 2. This act shall take effect and be in force from and after its publication in the statute book. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State, CHAPTER LXXIII. DEAF AND DUMB ASYLUM. An Act to amend an act entitled "An act to amend chapter 8 of the Gen- eral Statutes of 1868, being chapter 34 of Laws of 1871," approved March 2, 1871, and to repeal section 1 of said act. Be it enacted by the Legislature of the State of Kansas: Section 1. That section one of chapter thirty-four of Laws of 1871 be amended so as to read as follows : Sec. 1. The board of trustees shall appoint a principal and such assistant teachers as the wants of the institution may actually require, said prin- cipal to have control of the educational department, and of such other matters as the board of tnistees may direct. He shall make an annual report in writing to the board of trustees of the name, age, sex, and residence of each pupil, together with such other facts as will develop the true condi- tion of said institution. Sec. 2. That section one of said chapter thirty-four of the Laws of 1871 be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the Commonwealth. Approved March 7, 1874. Ch. 74.] DISABILITIES. 107 I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Commonwealth^ March 26, 1874. W. H. SMALLWOOD, Secrdat^ of State. CHAPTER LXXIV. DISABILITIES REMOVED. Ax Act to remove Disabilities from certain persons therein named. JBe it enacted by the Legislature of the State of Kansas: Section 1. That the political disabilities imposed by sec- Names. tion two of article five of the constitution of the State of Kansas, as amended November 5, 1867, upon the following persons : W. L. Yeorout and James Yeorout, of Chase county ; Henry Inman, of Ellsworth county ; Thomas Sneed, of Nem- aha county; W. F. Freeman, John W. Dyer, A. A. Rucker, of Sumner county; Richard Cogdell, of Sedgwick county; Edwin M. Linzee, William L. Gilmer, M. H. Railley, Morris Leon,. Lewis Leon, and M. McBowen, of Morris county ; Geo. Dillinge, Lewis Emmart, Peter Dillinge, L. B. West, and L. W. Jacobs, of Miami county; and T. H. Henderson,, of Cowley county; and W. T. Cheatham and Peter Helbert,. of Sumner county; and Thomas McNieve, of Pottawatomie county, be and the same are hereby removed ; and each of said persons are hereby restored to full citizenship, with the right to vote and hold office in this state. Sec. 2. That this act shall take efiect and be in force from and after its publication in the statute book.. Approved March 7, 1874. ' I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in ray office. W. H. SMALLWOOD, Secreiaty of State^ 10^ FISCAL AGENCY. [Ch. 75. CHAPTER LXXV. FISCAL AGENCY FOK KANSAS IN NEW YORK. An Act to provide for the eBtablishment of a fiscal agency for the State of Kansas in the city of New York, and prescribing the duties of officers in • relation thereto. Be it enacted by the Legislature of the State of Kansas: ^^{ja*^«n)ose Section 1. The governor, secretary of state and auditor of state are hereby authorized to designate some bank in the city of New York as a state agency for the payment of bonds and coupons issued by the State of Kansas, or any county, township, city, or school district, in said state, which are by their terms made payable in said city of New York. Bond required. Sbc, 2. Bcforc establishing and designating such agency, the governor, secretary of state and auditor shall require a bond to be given by such bank to the State of Kansas in double the amount of moneys which said agency may have in its custody at any time. Such bond to be approved by the governor, secretary of state and auditor, and filed in the office of secretary of state. Duty of treasur- ^^^^ ^ From aud aft^r the passage of this act the state treasurer and all county, township and city treasurers are authorized and required to remit to the state agency, at least fifteen days before the day of maturity of any bonds or coupons payable in New York city, sufficient moneys for the redemption of such bonds or coupons to be paid by them re- spectively, and in addition thereto a commission not exceed- ing one-fourth of one per cent, for the disbursement of the same, and all expenses for such con^missions and exchange or express charges and. postage shall be a proper charge against the state or against the county, township, city or school dis- trict for which it is remitted, and shall be allowed the treas- urer in his settlements. ^tto^of* reclipt ^^^' ^* ^^ ^^^ receipt of any funds by the state agency, it of funds. shall be the duty* of said agency to notify the officer from whom received of the receipt thereof, and immediately on the payment of the bonds or coupons for which such funds were remitted said bonds or coupons shall be canceled, and shall be returned to the office of the state, county, city or township entitled to the same. Ch. 75.] FISCAL AGENCY. 109 Sec. 5. It shall be the duty of the auditor of 8tate, imme- Dutv of state diately after the establishment of the agency provided for in this act, to publish a notice of the same in some newspaper of general circulation in the city of New York, for two weeks, and thereafter all bonds and coupons of the state, or any county, township, city or school district in the state, which are by their terms payable at a particular bank in said city, shall be paid at the state agency. Sec. 6. No state, county, township or city treasurer shall i^^^^^* be held responsible for funds remitted to the state agency, and ^®"*=***'- the acknowledgment of the receipt of such funds, for which the canceled bonds and coupons have not been returned, shall be a voucher to such treasurer in any settlement. Sec. 7. In case any state, county, township, or city treas- Penalty for aiii- ,. **** ^ comply urer shall neglect or refuse to perform the duties imposed by j^thproTisionsof this act, he shall be liable to the holder of any bonds or coupons aggrieved thereby, in a sum double the amount of such bonds or coupons which shall be dishonored on account of the neglect or refusal of said treasurer to comply with the provisions of this act, which may be recovered in a suit at law against such treasurer. Sec. 8. The governor, secretary of state and auditor of state Agency may be ^ . ^ , changed. may at any time change the state agency, in case they deem it expedient to do so; and in case of a change being made, it shall be the duty of the auditor to immediately notify the state treasurer and all county, township and city treasurers within this state, of such change, and shall publish the same, as provided in section five of this act. . Sfec. 9. This act shall take effect and be in force from and after its publication in the weekly Commonwealth, Approved March 6, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Commoiiweatthy March 19, 1874. W. H. SMALL WOOD, Secretary of State. 110 FUND INDEBTEDNESS. [Ch. 77. CHAPTER LXXVI. FOREST TREES— STATUTE REPEALED. An Act to repeal chapter two hundred and four of the Laws of 1872, entitled ''An act to amend an act entitled 'An act to encourage the growth of forest trees,' approved March 2. 1868." Be it enacted by the Legislature of the 8ta^ of Kansas : Section 1. That chapter two hundred and four of the laws of 1872, entitled "An act to amend an act entitled ^An act to encourage the growth of forest trees/ approved Feb- ruary 29, 1872/^ be and the same is hereby repealed. Sec. 2. This act shall take effect and be in force from and after its publication once in the Kansas Weekly Commonwealth. Approved March 5, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Gomm^onwealth, March ^6, 1874. W. H. SMALLWOOD, Secretary of State, CHAPTER LXXVII. DICKINSON COUNTY AND OTHERS NAMED MAY FUND IN- DEBTEDNESS. An Act to authorize the Board of County Commissioners of Dickinson, Lincoln, Howard, Barbour, Clay, Saline, Pawnee, Reno, Ford, Harper, Jewell and Barton to issue bonds for the purpose of funding and paying certain indebtedness. Be it enaxited by the Legislature of the State of Kansas: -ma^^sSie*""*^ SECTION 1. For the purposc of redeeming certain tax-sale bonds; purpose, certificates heretofore issued by the proper officers of the county of Dickinson for certain railroad lands in said county that were heretofore erroneously taxed and sold, and for re- funding to the purchasers and holders of said certificates the amounts due them thereon, the board of county commissioners Ch. 77.] FUND INDEBTEDNESS. Ill • of said county of Dickinson are hereby authorized and em- powered to issue and sell the bonds of said county to an amount not exceeding the sum of twenty-four thousand dol- Amount. lars, or so much thereof as may be necessary for the purposes hereinbefore named, and to sell the same fof cash, or to ex- change them for the tax-sale certificates issued by said county for the lands hereinbefore described. The proceeds arising from the sale of said bonds shall be used exclusively for the redemption or purchase of the tax-sale certificates above de- scribed. Said bonds shall be issued in denominations of not Rate of mtereat. less than one hundred nor more than five hundred dollars each, with interest coupons attached thereto, and shall bear interest at a rate not exceeding ten per cent, per annum, in- terest payable semi-annually, on the first days of April and October of each year. Said bonds shall be payable in not whenpayawc. less than ten nor more thaij fifteen years from the date thereof, and payable at such time and place within the periods afore- said as said county commissioners may designate. Each bond shall show on its face the amount thereof, the number of such bond, when issued, to whom and for what purpose issued, and when and where payable; which bonds, together with the coupons thereto attached, shall be signed by the chairman of the board of county commissioners and attested by the county clerk of said county, and each bond shall have the seal of said county attached thereto: Provided: That said ^'*^^***- bonds shall not be sold for cash or exchanged for the tax-sale certificates hereinbefore described for less than ninety cents on the dollar : And provided further, That said county of Dickinson shall not pay or allow in the purchase, redemption or payment to the holders thereof of said tax-sale certificates an amount exceeding the face thereof, together with ten per cent, interest thereon, and such fees as may have been law- fully paid to the officers for such certificates. Sec. 2. The board of county commissioners of Dickinson Annuauyievy county shall annually, at the time other taxes are levied, levy a tax sufficient to pay the interest on said bonds as the same shall become due, and to create a sinking fund for the final redemption of said bonds: Provided, That no such sinking fund shall be levied until the expiration of one-half of the period for which said bonds shall run, which sinking fund shall be invested by the county treasurer of ^aid county in the purchase of the bonds hereby authorized, at the price not 112 FUND INDEBTEDNESS. [Ch. 77, Bcgistration. Lincoln oonnty. exceeding their par value at the time of purchase; or in case such bonds cannot be purchased, then said sinkirfg fund shall be invested by said treasurer in the bonds of the State of Kansas or of the United States, at their market value. Sec. 3. It shall be the duty of the county clerk of said county to register the bonds authorized to be issued by this act, in a book to be kept by him for that purpose, which i^gister shall show the date, number and amount of each bond, to whom issued, for what purpose issued, and when and where the same is payable, "Sec. 4. For the purpose of funding the present indebted- ness, redeeming all outstanding county warrants, and for the payment of the current expenses of the county of Lincoln . for the year 1874, the board of county commissioners of said county of Lincoln are hereby authorized and empowered to Amountofbonds igg^e the bouds of said county in a sum not exceeding twenty thousand dollars, or so much thereof as may be necessary for the purposes named in this section, and to sell the same for cash, or to exchange them for outstanding county warrants or other lawful evidences of indebtedness against said county of Lincoln ; and in case the same shall be sold for cash, to apply the proceeds thereof in payment of the indebtedness hereinbefore named in this section : Provided, That said bonds shall not be sold for cash for less than ninety cents on the dollar, nor exchanged for county warrants or other evidences of county indebtedness for less than dollar for dollar. Sec. 5. The bonds provided for in the fourth section of tJhis act shall be issued in siims of not less than one hundred dollars nor more than five hundred dollars each, and shall bear interest at a rate of not more than ten per cent, per annum, and shall have interest coupons attached thereto for such interest, which interest shall be payable semi-annually on the first days of April and October of each year, and the principal and interest of such bonds shall be payable at such plaice as the board of county commissioners may determine, and such bonds shall be payable in not less than ten nor more > than twenty years from the date thereof, as may be deter- mined by said board of county commissioners. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and attested by the county clerk of said county, and said bonds shall have the county s^l of said county of Lincoln attached thereto. And said bonds sh)ElU be Provlao. Denomination. Interest, when payable. Ch. 77.] FUND INDEBTEDNESS. 113 registered by the county clerk in a book to be kept by him BondstoberegiB- for that purpose, which registry shall show the date, number, amount, and for what purpose each bond was issued, to whom, when and where the same are payable. And when said bonds are sold for cash the proceeds thereof shall be paid into the county treasury, and shall be used for the purposes named in the fourth section of this act, and for no other purpose. Sec. 6. The board of county commissioners of Lincoln Levy tax to pay , interest and cre- county shall annually, when other taxes are levied, levy such jje a sinking per cent, on the taxable property in said county as shall be neoeasary to pay the interest on said bonds as the same shall become due, and also for the purpose of creating a sinking fund for the redemption of said bonds : Provided, That no part of such sinking fund shall be levied until the expiration of one-half the time for which said bonds shall run : Pro- provisoi- vided further y That the county treasurer of said county shall invest the said sinking fund, as soon after its collection as possible, by the purchase or redemption of the bonds author- ized by the fourth section of this act, provided such bonds can be purchased at their par value; and if such bonds can- not be so purchased, then the said sinking fund shall be invested by the county treasurer in the bonds of the State of Kansas or of the United States, at their market value. Sec. 7. For the purpose of funding and paying off the out- Howard county, standing indebtedness of the county of Howard, the board of county commissioners of the said county of Howard are here- by authorized and empowered to issue and sell or exchange Bonds issued^ the bonds of said county to an amount not exceeding the sum purpose. of fifteen thousand dollars, or so much thereof as may be necessary for the purposes named in this section, and to sell the same for cash, or exchange them for outstanding county warrants or other lawful evidences of indebtedness against said county of Howard; and in case said bonds shall be sold for cash, to apply the proceeds thereof in payment of the in- debtedness named in this section : Provided, That said bonds Proviso. shall not be sold for cash for less than ninety cents on the dollar, nor exchanged for county warrants or other evidences of county indebtedness for less than dollar for dollar. Sec. 8. The bonds provided for in the seventh section of this a<3t shall be issued in sums of not less than one hundred nor more than five hundred dollars each, and shall bear in- Kate of interest. - , , and when paya- terest at a rate oi not more than ten per cent, per^nnum, and awe. 8 114 FUND INDEBTEDNESS. [Ch. 77. Friiiolpal,irhen p«y»T Me. Sqgistration. '^^x to be levied. Frorlao. Barbour county. shall have interest coupons attached thereto for such interest, which interest shall be payable semi-annually, on the first days of April and October of each year. And the principal and interest of such bonds shall be payable at such place as the board of county commissioners may determine, and said bonds shall be payable in not less than ten nor more than twenty years from the date thereof, as may be determined by said board of county commissioners. Said bonds and coupons shall be signed by the chairman of the board of county com- missioners, and attested by the county clerk of said county of Howard, and said bonds shall have the county seal of said Howard county attached thereto. Said bonds shall be regis- tered by the county clerk in a book to be by him kept for that purpose, which registry shall show the date, number, amount, and for what purpose each bond was issued, to whom, when and where the same are payable; and when said bonds are sold for cash, the proceeds thereof shall be paid into the county treasury, and shall be used for the purposes named in the seventh section of this act, and for no other purpose. Sec. 9. The board of county commissioners of Howard county shall annually, when other taxes are levied, levy such per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same becomes due, and also for the purpose of creating a sinking fund for the final redemption of said bonds : Provided, That no part of such sinking fund shall be levied until the expira- tion of one-half the time for which said bonds shall run: Provided further, That the county treasurer of said couniy jshall invest said sinking fund, as soon after its collection as possible, by the purchase or redemption of the bonds author- ized by the seventh section of this act, provided such bonds can be purchased at their par value; and if they cannot be so purchased, then the said sinking fund shall be invested by the county treasurer in the bonds of the State of Kansas or •of the United States, at their market value. Sec. 10. For the purpose of paying ofiF and funding the outstanding and floating indebtedness of the county of Bar- bour, the board of county commissioners of the said county of Barbour are hereby authorized and empowered to issue the bonds of said county to an amount sufficient to fund the outstanding county warrants of said county, issued prior to January 1, 1874, and to exchange them for outstanding Ch. 77.] FUND INDEBTEDNESS. 116 <50unty warrants, or other lawful evidences of indebtedness against said county of Barbour: Provided, That said bonds shall not be exchanged for county warrants or other evidences of county indebtedness for less than dollar for dollar. Sec. 11. The bonds provided for in the tenth section of penomination of ■^. bonds and rate of this act shall be issued in sums of not less than twenty-five *"*«""*• dollars nor more than five hundred dollars each, and shall bear interest at a rate of not more than ten per cent, per annum, and shall have interest coupons attached thereto for such interest, which interest shall be payable semi-annually on the first days of April and October of each year, and the principal and interest of such bonds shall be payable at such place as the board of county commissioners may determine; and said bonds shall be pavable in not less than ten nor more Bonds, when . • payable. than twenty years from* the date of issue, as may be deter- mined by said board of county commissioners. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and attested by the county clerk of said county, and said bonds shall have the county seal of said county of Barbour attached thereto, and said bonds shall to be registered. be registered by the county clerk of said county in a book to be by him kept for that purpose, which registry shall show the date, number, amount, and for what purpose each bond was issued, to whom issued, and when and where the same are made payable. Sec. 12. The board of county commissioners of Barbour Levy tax to pay county shall annually, when other taxes are levied, levy such »te a sinking per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same be- comes due, and also for the purpose of creating a sinking fiind for the final redemption of said bonds : Provided, That Proviso. no part of such sinking fund shall be levied until the expira- tion of one-half of the time for which said bonds shall run : Provided further, That the county treasurer shall invest said sinking fiind as soon after its collection as possible by the purchase or redemption of the bonds authorized by the tenth section of this act, provided such bonds can be purchased at their par value, and if they cannot be so purchased, then the said sinking fund shall be invested by the county treasurer in the bonds of the State of Kansas or of the United States, at their market value. Sec. 13. For the purpose of paying ofiF and funding the 116 FUND INDEBTEDNESS. [Ch. 77, cany county may Outstanding and floating indebtedness of the county of Clay, the board of county commissioners of the said county of Clay are hereby authorized and empowered to issue and sell or Amount and exchanffc the bonds of said county to an amount not exceed- poipoee. ^ ing the sum of five thousand dollars, or so much thereof as- may be necessary for the purpose named in this section, and to sell the same for cash, or^ to exchange them for outstandings county warrants or other lawful evidences of indebtedness against said county of Clay, and in case said bonds are sold for cash, to apply the proceeds thereof in payment of the in- debtedness named in this section : Provided , That said bond& shall not be sold for less than ninety cents on the dollar, nor exchanged for county warrants or other evidences of county indebt^ness for less than dollar for dollar. 2dWhen pSSf** Sec. 14. The bonds provided for in the thirteenth section of this act shall be issued in sums of not less than twenty- five dollars nor more than one hundred dollars each, and shall bear interest at a rate not exceeding ten per cent, per annum^ and shall have interest coupons attached thereto for such in- terest, which interest shall be payable semi-annually on the first days of April and October of each year, and the principal and Interest of such bonds shall be payable at such place as the board of county commissioners may determine, and said bonds shall be made payable in not less than three years nor more than six years from the date of issue, as may be deter- mined by the said board of county commissioners. Said bonds and interest coupons shall be signed by the chairman of the board of county commissioners, and attested by the county clerk of said county ; and said bonds shall have the official seal of said county of Clay attached thereto, and said £?Saf *®^*"*^" bonds shall be registered by the county clerk of said county in a book to be by him kept for that purpose, which registry shall show the date, number, amount, and for what purpose issued, to whom issued, and when and where the same are made payable; and w^hen said bonds are sold for cash, the proceed* thereof shall be paid into the county treasury, and shall be used for the purpose named in the thirteerith section of this act, and for no other purpose. ii?Sfete* ^ ^ ^^^' ^^' ^^^ hoard of county commissioners of "Clay county shall annually, when other taxes are levied, levy a tax of such per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same Oh. 77.] FUND INDEBTEDNESS. 117 shall become due; also for the purpose of creating a sinking fund for the final redemption of said bonds : Provided, That no part of such sinking fund shall be levied until the expira- tion of one-half the time for which said bonds shall run: Provided further, That the county treasurer shall invest said ho^iSf^Si.' ;sinking fund, as soon after its collection as possible, by the purchase or redemption of the bonds authorized by the thir- teenth section of this act, provided such bonds can be pur- chased at their par value ; and if they cannot be so purchased, then the said sinking fund shall be invested by the county treasurer in the bonds of the State of Kansas or the United States, at their market value. Sec. 16. For the purpose of redeeming certain tax-sale saiine county, certificates heretofore issued by the proper oiBcers of the county of Saline for certain railroad lands in said county that were heretofore erroneously taxed and sold, and for refunding to the purchasers and holders of said certificates the amounts due them thereon, and for funding certain other outstanding and floating indebtedness of said county, the board of county commissioners of said county of Saline are hereby authorized pj?^***** and empowered to issue and sell the bonds of said county to an amount not exceeding the sum of forty thousand dollars, . or so much thereof as may be necessary for the purpose here- inbefore named, and to sell the same for cash or to exchange them for the tax-sale certificates issued by said county for the lands hereinbefore described, and for the certain other out- standing and floating indebtedness of said county ; and in case the same shall be sold for cash, to apply the proceeds thereof in payment of the indebtedness hereinbefore named in this section : Provided, That said bonds shall not be sold for cash Proviso. for a less sum than ninety cents on the dollar, nor exchanged for any of the evidences of indebtedness of said county here- inbefore named in this section for less than dollar for dollar. Sec. 17. The bonds provided for in the sixteenth section Denominauon. of this act shall be issued in sums of not less than twenty-five dollars nor more than five hundred dollars each, and shall bear interest at a rate not exceeding ten per cent, per annum, Rateofintereat. and shall have interest coupons attached thereto for such in- terest, which interest shall be payable semi-annually on the first days of April and October of each year, and the princi- pal and interest of such bonds shall be payable at such place as the board of county commissioner may determine, and 118 FUND INDEBTEDNESS. [Ch. 77. Time bondi may such bonds shall be payable in not less than ten nor more than twenty years from the date thereof, as may be determined by said board of county commissioners. Said bonds and coupons shall be signed by the chairman of the board of county com- missioners, and attested by the county clerk of said county^ and such bonds shall have the county seal of said county of ^**"**'*^*** Saline attached thereto; and said bonds shall be registered by the county clerk in a book to be by him kept for that pur- pose, which registry shall show the date, number, amount^ and for what purpose each bond was issued, to whom issued^ and when and where the same are payable; and when said bonds are sold for cash the proceeds thereof shall be used for the purposes named in the sixteenth section of this act, and for no other purpose. i'*^**^ Sec. 18. The board of county commissioners of Saline county shall annually, when other taxes are levied, levy a tax of such per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same shall become due, and also for the purpose of creating a When tox may be sinking fuud for thc final redemption of said bonds : Provided, wTied to create a ^ *■ ' •taking ftind. That uo part of such sinking fund shall be levied until the expiration of one-half of the time for which said bonds shall run: Provided farther, That the county treasurer of said county shall invest the said sinking fund, as soon after its collection as possible, by the purchase or redemption of the bonds authorized by the sixteenth section of this act, provided such bonds can be purchased at their par value; and if such bonds cannot be so purchased, then the said sinking fund shall be invested by the county treasurer in the bonds of the State of Kansas or of the United States at their market value. SjTSa^^SdB. Sec. 19. For the purpose of paying off and funding the outstanding and floating indebtedness of the county of Paw- nee, the board of county commissioners of the said county of Pawnee are hereby authorized and empowered to issue the bonds of said county to an amount sufficient to fund the put- standing county warrants and other lawful evidences of in- debtedness against said county of Pawnee, issued prior to Amonnt. January 1, 1874, not exceeding the sum of fifteen thousand dollars, or so much thereof as may be necessary for the pur- poses named in this section, and to .exchange them for the outstanding warrants or other lawful evidences of indebted- ness as aforesaid against said county of Pawnee: Provided, Ch. 77.] FUND INDEBTEDNESS. 119 That said bonds shall not be exchanged for county warrants or other evidences of county indebtedness for less than dollar for dollar. Sec. 20. The bonds provided for in the twenty-second ^^ <>£ into«*r * •' and when paya- [nineteenth] section of this act shall be issued in sums of not ^^®' less than twenty-five dollars nor more than five hundred dol- lars each, and shall bear interest at a rate not exceeding ten per cent, per annum, and shall have interest coupons attached thereto for such interest, which intenest shall be payable semi- annually on the first days of April and October of each year, and the principal and interest of such bonds shall be payable at such place as the board of county commissioners may de- termine, and said bonds shall be payable in not less than five nor more than twenty years from the date of issue, as may be determined by said board of county commissioners. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and attested by the county clerk of said county; and said bonds shall have the county seal of said county of Pawnee attached thereto, and said »««*sto»tioi». bonds shall be registered by the county clerk in a book to be by him kept for that purpose, which registry shall show the date, number, amount, and for what purpose each bond was issued, to whom issued, and when and where the same are made payable. Sec. 21. The board of county commissioners of Pawnee Taxicviet county, shall annually, when other taxes are levied, levy a tax of such per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same becomes due, and also for the purpose of creating a sinking fund for the final redemption of said bonds: Pro- proviao. vided, That no part of such sinking fund shall be levied until the expiration of one-half of the time for which said bonds shall run: Provided further, That the county treasurer shall Jj^lf "J"**"* invest said sinking fund as soon after its collection as possible, by the purchase or redemption of the bonds authorized by the nineteenth section of this act, provided such bonds can be purchased at their par value ; and if they cannot be so pur- chased, then the said sinking fund shall be invested by the county treasurer in the bonds of the State of Kansas or the United States, at their market value. Sec. 22. For the purpose of paying the interest on the Eeno comity mi^ bonded indebtedness, and fiinding certain outstanding county 120 FUND INDEBTEDNESS. [Ch. 77. warrants^ and paying the current expenses of the county of BenOy for the year A. D. 1874, the board of county commis- sioners of the county of Reno are hereby authorized aad empowered to issue and sell, or exchange the bonds of said Amount and pur- county, to an amouut not exceeding the sum of forty-two thousand dollars, or so much thereof as may be necessary for the purpose named in this section, and to sell the same for cash, or to exchange them for the outstanding county war- rants or other lawful evidences of indebtedness against said county of Reno; and in case said bonds are sold for cash, to apply the proceeds thereof in payment of the indebtedness Excbange bonds named in this section : Provided, That said bonds shall not for OQunty ^ ' ''*'^"*°*"* be sold for less than ninety cents on the dollar, nor exchanged for county warrants or other evidences of county indebted- ness for less than dollar for dollar. S?when*^^- ^^^' 2^* '^^^ bonds provided for in the twenty-second **^®* section of this act shall be* issued in sums of not less than twenty-five dollars nor more than five hundred dollars each, and shall bear interest at a rate not exceeding ten per cent, per annum, and shall have interest coupons attached thereto for such interest, which interest shall be payable semi-annually on the first days of April and October of each year, and the principal and interest of such bonds shall be payable at such place as the board of county commissioners may determine, Time bonds may and Said bonds shall be made payable in not less than five years nor more than fifteen years from the date of issue, as may be determined by the said board of county commis- sioners. Said bonds and interest coupons shall be signed by the chairman of the board of county commissioners, and attested by the county clerk of said county ; and said bonds shall have the official seal of said county of Reno attached ^ndfltoberegis- thereto, and said bonds shall be registered by the county clerk of said county in a book to be kept by him for that purpose, which registry shall show the date, number, amount, and for what purpose issued, to whom issued, and when and where the same are payable; and when said bonds are sold for cash, the proceeds thereof shall be paid into the county treasury, and- shall be used for the purposes named in the twenty-second section of this act, and for no other purpose. A^uaiiyievy gj,Q^ 24. The board of county commissioners of Reno eounty shall annually, when other taxes are levied, levy a tax of such per cent, on the taxable property in said county Ch. 77.] FUND INDEBTEDNESS. 121 as shall be necessary to pay the interest on said bonds as the same shall become due, and also for the purpose of creating a sinking fund for the final redemption of said bonds : Pro- Proviso. mdedy That no part of such sinking fund shall be levied until the expiration of one-half of the time for which said bonds shall run : Provided fwrihery That the county treasurer shall invest said sinking fund as soon after its collection as possible by the purchase or redemption of the bonds authorized by the twenty-second section of this act, provided such bonds can be purchased at their par value, and if they cannot be so purchased, then said sinking fund shall be invested by said treasurer in the bonds of the State of Kansas or of the United States, at their market value. Sec. 25. For the purpose of paying off and funding the Ford county. outstanding and floating indebtedness of the county of Ford, the board of county commissioners of the said county of Ford are hereby authorized and empowered to issue the bonds of said county to an amount sufficient to fund the outstanding Amountandpur- * - o pose for which county warrants and other lawful evidences of indebtedness ^525.?^^^ against said county of Ford, issued prior to January 1, 1874, not exceeding the sum of six thousand dollars, or so much thereof as may be necessary for the purposes named in this section, and to exchange them for the outstanding warrants OF other lawful evidences of indebtedness as aforesaid against said county of Ford: Provided, That said bonds shall not be Proviao. . exchanged for county warrants or other evidences of couiity indebtedness for less than dollar for dollar. * Sec. 26. The bonds provided for in the twenty-fifth section Denomination. of this act shall be issued in sums of not less than twenty- five dollars nor more than five hundred dollars each, and shall inte>^«*- bear interest at a rate not exceeding ten per cent, per annum, and shall have interest coupons attached thereto for such in- terest, which interest shall be payable semi-annually on the first days of April and October of each year, and the princi- pal and interest of such bonds shall be payable at such place as the board of county commissioners may determine, and said bonds shall be payable in not less than five nor more than twenty years from the date of issue, as may be deter- mined by said board of county commissioners. Said bonds and coupons shall be signed by the chairnian of the board of* county commissioners, and attested by the county clerk of said county; and said bonds shall have the county seal of^ 122 FUND INDEBTEDNESS. [Ch. 77. Riclstend. Tax levlMl. ProTiao. Harper oonnty may tarae bonds. Amount. Interest, and when payable. said county of Ford attached thereto, and said bonds shall be registered by the county clerk in a book to be by him kept for that purpose, which registry shall show the date, number, amount, and for what purpose each bond was issued, to whom issued, and when and where the same are made pay- able. Sec. 27. The board of county commissioners of Ford county shall annually, when other taxes are levied, levy a tax of such per cent, on the taxable property in said county a& shall be necessary to pay the interest on said bonds as the same becomes due, and also for the purpose of creating a sinking fund for the redemption of said bonds: Provided^ That no part of such sinking fund shall be levied until the expiration of one-half of the time for which said bonds shall run: Provided further, That the county treasurer shall invest said sinking fund as soon after its collection as possible, by • the purchase or redemption of the bonds authorized by the twenty-fifth section of this act, provided such bonds can be purchased at their par value, and if they cannot be so pur- chased, then the said sinking ftind shall be invested by the county treasurer in the bonds of the State of Kansas or the United States, at their market value. Sec. 28. For the purpose of funding certain outstanding county warrants, and paying the current expenses of the county of Harper for the year A. D. 1874, the board of county commissioners of the county of Harper are hereby, authorized and empowered to issu^ and sell, or exchange the bonds of said county to an amount not exceeding the sum of fifteen thousand dollars, or so much thereof as may be neces- sary for the purpose named in this section, and to sell the same for cash, or to exchange them for the outstanding county warrants or other lawful evidences of indebtedness against said county of Harper; and in case said bonds are sold for cash, to apply the proceeds thereof in payment of the indebtedness named in this section : Provided, That said bonds shall not, be exchanged for county warrants or other evidences of county indebtedness for less than dollar for dollar. Sec. 29. The bonds provided for in the twenty-eighth sec- tion of this act shall be issued in sums of not less than twenty-five dollars nor more than five hundred dollars each, and shall bear interest at a rate not exceeding ten per cent. Ch. 77.] FUND INDEBTEDNESS. 128'* per annum, and shall have interest coupons attached thereto for such interest, which interest shall be payable semi-annually on the first days of January and July of each year, and the principal and interest of such bonds shall be payable at such place as the board of county commissioners may determine; and said bonds shall be made payable in not less than five years nor more than fifteen years from the date of issue, as may be determined by the said board of county commission- ers. Said bonds and interest coupons shall be signed by the chairman of the board of county commissioners, and attested by the county clerk of said county, and said bonds shall have the official seal of said county of Harper attached thereto; and said bonds shall be registered by the county clerk of said ^JSaf ******"**" county in a book to be kept by him for that purpose, which r^istry shall show the date, number, amount, and for what purpose issued, to whom issued, and when and where the same are payable; and when said bonds are sold for cash, the pro- ' ceeds thereof shall be paid into the county treasury, and shall be used for the purposes named in the twenty- eighth section of this act, and for no other purpose. Sec. 30. The board of county commissioners of Harp6r Tax to be levied •^ '^ to pay interest county shall annually, when other taxes are levied, levy a tax j^fSlS^ "'^^ of such per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same shall become due, and also for the purpose of creating » ' sinking fund for the final redemption of said bonds : Provided^ That no part of such sinking fund shall be levied until the* expiration of one-half of the time for which said bonds shall run: Provided fwrihet'y That the county treasurer shall invest said sinking fund, as soon after its collection as possible, by the purchase or redemption of the bonds authorized by the twenty-eighth section of this act, provided such bonds can be purchased at their par value ; and if they cannot be so pur- chased, then said sinking ftmd .shall be invested by said treas- urer in the bonds of the State of Kansas or of the United States, at their market value. Sec. 31. For the purpose of paying ofiF and funding the jeweu county, outstanding and floating indebtedness of the county of Jewell, the board of county commissioners of the said county of Jewell are hereby authorized and empowered to issue the bonds of said county to an amount sufficient to fund the out- standing county warrants of said county issued prior to Jan- 124 FUND INDEBTEDNESS. [Ch. 77. pOM S)enomlDation. iBterest. Bondfl,-when payable. uary 1, >874, not exceeding the sum of five thousand dollars, Amoantandpur- OF SO much thereof 88 may be necessary for the purposes named in this section, and to exchange them for outstanding county warrants or 'other lawful evidences of indebtedness against said county of Jewell: Providedy That said bonds shall not be exchanged for county warrants or other evidences of county indebtedness for less than dollar for dollar. Sec. 32. The bonds provided for in the thirty-first section of this act shall be issued in sums of not less than twentv- five dollars nor more than five hundred dollars each, and shall bear interest at a rate of not more than seven per cent, per annum, and shall have interest coupons attached thereto for such interest, which interest shall be payable semi-annually on the first days of April and October of each year; and the principal and interest of such bonds shall be payable at such place as the board of county commissioners may determine; and said bonds shall be payable in not less than ten nor more than twenty years from the date of isdue, as may be deter- mined by said board of county commissioners. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and attested by the county clerk of said county, and said bonds shall have the county seal of said county of Jewell attached thereto; and said bonds shall be registered by the county clerk of said county in a book to be by him kept for that purpose, which registry shall show the date, number, amount, and for what pul'pose each bond was issued, to whom issued, and when and where the same are made payable. . . Sec. 33. The board of county commissioners of Jewell county shall annually, when 6ther taxes are levied, levy such per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same be- comes due, and also for the purpose of creating a sinking iund for the final redemption of said bonds: Provided, That no part of such sinking fund shall be levied until the expira- tion of one-half of the time fo'r which said bonds shall run : Provided further y That the county treasurer shall invest said sinking fund, as soon after its collection as possible, by the purchase or redemption of the bonds authorized by. the thirty- first section of this act, provided such bonds can be purchased at their par value; and if they cannot be so purchased, then the said sinking fund shall be invested by the county treas^ •Begistration. licvy tax to pay Interest and cre- ate sinking fund. Ch. 77.] FUND INDEBTEDNESS. * 125 urer in the bonds of the State of Kansas or of the United States, at their market value. Sec. 34. For the purpose of paying the interest on the Barton coun^ 1 1 '. 1 , 1 1 /> T . T may issue bonda, bonded indebtedness, and funding certain outstanding county warrants, and paying the current expenses of the county of Barton for the year A. D. 1874, the board of county commis- sioners of the county of Barton is hereby authorized and empowered to issue and sell, or exchange the bonds of said county to an amount not exceeding the sum of ten thousand Amonnt. dollars, or so much thereof as may be necessary for the pur- pose named in this section, and to sell the same for cash, or to exchange them for the outstanding county warrants or other lawful evidences of indebtedness against said county of Barton; and in case said bonds are sold for cash, to apply the proceeds thereof in payment of the indebtedness named in this section: Provided, That said bonds shall not be sold for ptovIk). less than ninety cents on the dollar, nor exchanged for county warrants or other evidences of county indebtedness for less than dollar for dollar. Sec. 35. The bonds . provided for in the thirty-fourth Sf Xi^^S^' section of this act shall be issued in sums of not less than ^^®' twenty-five dollars nor more than five hundred dollars each, and shall bear interest at a rate not exceeding ten per cent, per annum, and shall have interest coupons attached thereto for such interest, which interest ^hall be payable semi- annually on the first days of April and October of each year, and the principal and interest of such bonds shall be payable at such plac^ as the board of county commissioners may de- termine; and said bonds shall be made payable at not less than five years nor more than fifteen years from the date of issue, as may be determined by the said board of county commissioners. Said bonds and interest coupons shall be signed and signed by the chairman of the board of county commissioners, and attested by the county clerk of said county; and said bonds shall have the official seal of said county of Bar^n attached thereto, and said bonds shall be registered by the Bondstoberegis- county clerk of said county in a book to be by him kept for that purpose, which registry shall show the date, number, amount, and for what purpose issued, to whom issued, and when and where the same are payable; and when said bonds are sold for cash, the proceeds thereof shall be paid into the county treasury, and shall be used for the purposes named in 126 FUND INDEBTEDNESS. [Ch. 77. 'Tax to pay inter- •Mt and create v«liikiiig tarxA. .-Binking fond, ibow invested. -General jn'ovision. the thirty-fourth section of this act, and for no other purpose. Sec. 36. The board of county commissioners of Barton county shall annually, when other taxes are levied, levy a tax of such per cent, on the taxable property in said county as shall be necessary to pay the interest on said bonds as the same shall become due, and also for the purpose of creating a sinking fund for the final redemption of said bonds : Pro- vided, That no part of such sinking fund shall be levied until the expiration of one-half of the time for which said bonds shall run : Provided further, That the county treasurer shall invest saifl sinking fund as soon after its collection as possible by the purchase or redemption of the bonds authorized by the thirty-fourth section of this act, provided such bonds can be purchased at their par value ; and if they cannot be so purchased then said sinking fond shall be invested by said treasurer in the bonds of the State of Kansas or of the United States, at their market value. Sec. 37. None of the bonds provided. for. by this act shall be issued unless the same is done in the manner provided in this act, and within six months from and after the date of the taking effect of this act. Sec. 38. This act shall take effect and be in force from and after its publication in the daily OommonweaMh, Approved March 7, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the daily CommonweoMh, March 17, 1874. W. H. SMALLWOOD, Secretai^ of State, Ch. 78.] GUARDIANS AND WARDS. 127 CHAPTER LXXVIII. PROPERTY OF MINORS MAY BE SOLD OR MORTGAGED— WHEN. An Act entitled ''An act supplemental to chapter forty-six of the General Laws of Kansas, entitled 'Guardians and Wards,' and to repeal section eleven of said chapter." Be U enacted by the Legislature of the State of Kansas: Section 1. When not in violation of the terms of a will S?yb«*»S^ by which a minor holds real property, such property, or any interest of the minor therein, may, under the direction of the probate court, be sold or mortgaged, on the application of the guardian, either when such sale or mortgage is necessary for the minor's support or education, or where his interest will be thereby promoted, by reason of the unproductiveness of the property, or its being exposed to waste, or any other peculiar circumstances, making it to the interest of the minor to have the property sold or mortgaged, or when it shall be made to appear to the probate court that the real estate of any minor or the interest of any minor in any real estate will be materially benefited by laying the same off into a city or town, or into an addition to any city or town, the guardian of such minor may make, acknowledge and file a plat of such land, or may join with others and make, file and acknowledge a plat for that purpose, in all respects as provided in chapter seventy-eight of the Greneral Laws of Kansas, entitled '^ Plats of cities and towns." Sec. 2. When it shall be made to appear to the satisfaction when property ms^ be subdlvi- of the probate court that the real estate of any minor, or the dedinto iota, etc. undivided interest of any minor in real estate, has been here- tofore or may hereafter be subdivided into lots, blocks, alleys and streets, and a plat thereof filed designating and describ- ing the interest of said minor by letters or numerals, in strict accordance with the provisions of said chapter seventy-eight of the Greneral Laws of Kansas, and the said minor was not represented therein; and it shall be further made to appear to the satisfaction of said probate court that such subdivision equitably and truly represents the full interest of such minor, and that the real estate or the interest of such minor in such real estate is materially benefited by such subdivision, the 1 28 INDIAN . LANDS. . [Ch. 79, Court enter order court shall enter an order approvin&c the same, and the approYing subdi- *^ ° , ' ▼idon. gaardian of such minor shall file a certified copy of such order with the register of deeds in the county where such real estate or interest is located, with his certificate, acknowledg- ing the plat therein filed, in all respects as a party thereto, which said copy and certificate shall be recorded and an apt reference made to the said plat^by the register of deeds; and •thereafter said lots so lettered or numbered shall represent the interest of such minor in such real estate, and be treated as such in all subsequent proceedings by the court or said guardian. Sec. 3. Section eleven of chapter forty-six of the General Laws of Kansas is- hereby repealed. Sec. 4. This act shall take effect and be in force from and after its publication in the daily Commonwealth. Approved March 6, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the daily CommonweaUJi, March 20, 1874. W. H. SMALL WOOD, Secretary of SkUe. • CHAPTER LXXIX. INDIAN LANDS— BONA FIDE PUECHASEES OF. An Act to protect the b advertisement or description of any drug, medicine, instru- ment qj* apparatus used, or recommended 'to be used, for the purpose of preventing conception, or procuring abortion or miscarriage ; or shall by writing or printing, in any circular, newspaper, pamphlet or book, or in any way publish or cir- culate any advertisement or obscene notice herein recited; or shall within the State of Kansas keep for sale or for gra- Not keep for ni& tuitous distribution any newspaper, circular, book or pamphlet containing such notice or advertisement of such drugs, medi- cines, instruments or apparatus; or shall keep for sale any secret nostrum, drug, medicine, instrument or apparatus named; or shall advertise lotteries, or the sale of lottery tickets, such publisher or other person violating any of the provisions of this act shall be deemed guilty of a misde- penalty foryioia- meanor, and shall, upon conviction ther^pf, be fined not less than fifty nor more than one thousand dollars, or imprison- ment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment^ at the discretion of the «ourt: Promded, That nothing in this act shall be so construed as to prevent the publication and sale of standard medical works. Sec. 2. This act shall take effect and be in force from and aflber its passage, and publication in the statutes. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. . W. H. SMALLWOOD, Secretary of State. . CHAPTER XC. POOR IN CERTAIN COUNTIES. An Act to amend sections four and nine of an act entitled "An act to pro* vide for a Confmissioner of tlie Poor in counties having more than thirty thousand inhabitants," approved the twenty-seventh of February, 1872. Be it enacted by the Legislature of the State of Kansas: Section 1. That section four of the act to which this is amendatory be amended so as to read as follows : Section 4. 140 PROCEDURE — CIVIL. , [Ch. SoSrorS^' The county commissioners shall have the power to make such ^^' orders regarding the poor of such county as they may deem proper; and it shall be the duty of the commissioner of the poor, on the first Monday of each month, to make a report to the board of county commissioners, stating the number of poor in such poor-houses during the preceding month, the names of such persons, and the pumber of days each of such persons have been during said month in said poor-house, with a statement of the condition of health of' each person therein, and the total expenses incurred, and the amount received by him from every source as such commissioner during said month. Sec. 2. That section nine of the act to which this [is} amendatory, be amended to read as follows : Section 9. The commissioner appointed by virtue of this act shall receive an annual salary of five hundred dollars, to be paid quarterly by the county. Sec. 3. That sections four and nine of the act of which this is amendatory are herqjby repealed Sec. 4. This act shall take efl*ect and be in force from and after its publicatiqp in the LeavenwoHh Daily Hmea. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Leavenwortii Daily limes, March 19, 1874. W. H. SMALLWOOD, Secretary of State, CHAPTER XCI. PROCEDURE, CIVIL— VERDICT OF JURY. An Act to amend section seven of chapter eighty-seven of the Laws of 1870. Be it efoaded by the Legislature of the State of Ka/asas: Section 1. That section seven of chapter eighty-seven of the Laws of 1870, being an act entitled "An act to amend the code of civil procedure, being chapter eighty of the Greneral Ch. 92.] • PHILLIPS COUNTY. 141 Statutes of 1868, and to amend section twenty-seven of chapter twenty-two of the General Statutes of 1868/' is hereby amended so as to read as follows: Section 7. In all cases the jury shall render a general verdict, and the court shall in any case at the request of the parties thereto, or either of them, in addition to the general verdict, direct the jury to find upon » particular questions of feet, to be stated in writing by the party or parties requesting the same. Sec. 2: Original section seven of chapter eighty-seven of the Laws of 1870 is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its publication in the statute bdbk. Approved February 26, 1874. I hereby certify that the foregoing is a true and correct copy of the, original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER XCII. ENUMERATION OF CHILDREN OF SCHOOL AGE. An Act authorizing an enumeration of persons of school age in Phillips county^ Kansas. Be it enacted by the Legiakdwre of the State of Kansas: Section 1. That the superintendent of public instruction Duty of county , 1.1 • superintendent. of Phillips county, Kansas, is hereby authorized and directed to make out and transmit in writing to the state superintend- ent of public instruction, on or before the twentieth day of March, A. D. 1874, a report containing a statement of the number of school districts or parts of districts in said county, and the number of children resident in each on the last day of August, A. D. 1873, over the age of five and under the age of twenty-one years (of age), and the sex of the same. Sec. 2. That it is hereby made the duty of the clerk of SS*Jg^'«*~^ each school district in Phillips county, Kansas, to make out 4liBtribution, etc. 142 PHILLIPS COUNTY. • [Ch. 92. and transmit in writing, on or before the tenth day of March, A. D. 1874, a report to the superintendent of public instruc- tion of said county, showing, jiraty the number of children, male and female, designated separately, residing in the dis- tricts or parts of districts on the last day of August, A. D. 1873, over the age of five and under the age of twenty-cine years ; seecmd, the number of children attending school during the year; third, the length of time a school has been taught in the district by a qualified teacher, the name of thfe teacher, and the wages paid; fourth, such other facts and statistics in regard to the district as the superintendent may require. dra^tTmaiSi^S^ ^^^' ^* ^^^ ®*^*^ superintendent of public instruction, in fnTa^Suaf °**^" making the annual distribution and apportionments for the year 1874 of the income of the state school fund and annual taxes, in accordance with the provisions and requirements of section 5 of the school law of Kansas, shall make use of the report of the superintendent of public instruction of Phillips county, which shall be made in accordance with the provisions of section one of this act, in the same manner and to as full an extent as if it (the said report) had been made at the usual time, and in all other respects was in compliance with the re- quirements of section sixteen of the school law: Provided, however, That said report from the superintendent of public instruction of Phillips county shall be received by the state superintendent of public instruction on or before the twentieth day of March, A. D. 1874. Sec. 4. This act shall take effect and be in force from and after its publication in the Kinvin Chief, Phillips county, Kansas. Approved February 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kirwin Chief, Feb- ruary 14, 1874. W. H. SMALLWOOD, Secretary of State. Ch. 94.] RAILROADS. 143 CHAPTER XCIII. LIABILITIES • OF RAILROAD COMPANIES DEFINED. An Act to define the Liability of Railroad Companies in certain cases. Be it effiaded by the Legislature of the State of Kansas: Section 1. Every railroad company organized or doing business in this state shall be liable for all damages done to ^ny employe of such company in consequence of any negli- gence of its agents, or by any mismanagement of its engineers or other employes to any person sustaining such damage. Sec. 2. This act shall take effect from its publication once in the Kansas Farmer. Approved February 26, 1874. I hereby certify that the foregoing is a true and correct lished in the Kansas Farmer ^ March 11, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTEE XCVI. RAILROADS— HOW LISTED AND VALUED. An Act to provide for Listing and Valuing the property of Railroads. Be it enacted by the Legislature of the State of Kansas: Section 1. Every person, company, or corporation own- sworn schedoief , i i' •! 1 • xi • i*j^ 1 11 to be returned. mg, operatmg, or constructmg a railroad in this state, shall return sworn lists or schedules of the taxable property of such railroad as hereinafter provided. Such property shall be listed and assessed with reference to the amount, kind and value on the first day of March in the year in which it is listed. Sec. 2. On or before the first day of May, 1874, and at set forth, what, the same time in each year thereafter, if required, the person, company, or corporation owning, operating, or constructing any railroad in this state, shall return to the county clerks of the respective counties in which the railroad may be located a sworn statement or schedule, as follows: First. Of the property denominated "railroad track,^' as hereinafter described, giving the length of the main, and side or second tracks and turnouts, and showing the proportions in •each county, and the total in the state. Second. The "rolling stock," as hereinaftier described, giv- ing the length of the main track in each county, the total in this state, and the entire length of the road. Third. Showing the number of ties in track per mile, the weight of iron or steel per yard used in main or side track, what joints or chair are used in track, the ballasting of road, whether with gravel or dirt, the number and quality of buildings or other structures used on right of way, the length of time iron in track has been used, and the length of time the road has been built. Fourth. A statement or schedule, showing: First, the 148 KAILROABS. [Ch. 96. amount of capital stock authorized, and the number of shares into which such capital stock is divided ; second, the amount of capital stock paid up; third, the market value, or, if no market value, then the actual value of the shares of stock ; fourth, the total listed valuation of all its tangible property in this state. Sffio b?^Bo- Sec. 3. The movable property belonging to a railroad com- nai property. pany shall be held to be personal property, and denominated for the purpose of taxation, "rolling stock.^' Every person, company, or corporation owning, constructing or operating a railrogid in this state, shall, on or before the first day of May, annually, return to the county clerks, as required by section two of this act, a list or schedule^ which shall contain a cor- rect detailed inventory of all the rolling stock belonging to such company, and which shall distinctly set forth the number of locomotives of all classes, passenger cars of all classes, sleeping and dining cars, express cars, baggage cars, house cars, cattle cars, coal cars, platform cars, wrecking cars, pay cars, hand cars, and other kinds of cars. S?^§''toJS^5 Sec. 4. The value of the "railroad track'' shall be listed **"^'**™ and valued in the several counties, townships and cities in the proportion that the length of the main track in such county, township or city bears to the whole length of the road in the state, except the value of the side or second track, and all turnouts, and all station houses, depots, machine shops, or other buildings belonging to the road, which shall be taxed in the county, township or city in which the same are located. Bsme. Sec. 5. The rolling stock shall be listed and taxed in the several counties, townships and cities, in the proportion that the length of the main track, used or operated in such county, township or city, bears to the whole length of the road used or operated by such person, company, or corporation, whether owned or leased by him or them, in whole or in part; said list or schedule shall set forth the number of miles of main track on which said rolling stock is used in the State of Kansas, and the number of miles of main track on which said rolling stock is used elsewhere on said road. Beai egte^ etc.. Sec. 6. The tools and materials for repairs, and all other personal property of any railroad, except ^'rolling stock," shall be listed and assessed in the county, township or city, wherever the same may be on the first day of March. All real estate, including the stations and other buildings and *Ch. 96.] RAILROADS. 149 structures thereon, other than that denominated "railroad track," belonging to any railroad, shall be listed as lands or lots, as the case may be, in the county, town, village, or city where the same is located. » Sec. 7. The couniy clerk shall return to the assessor of SeJl^^*^^*^ the township or city a copy of the schedule or list of the railroad track and other real estate, and of the rolling stock And other personal property pertaining to the railroad; and such railroad track and other real estate, and rolling stock and other personal property, shall be assessed by the city and township assessor. Such property shall be treated in all respects in regard to assessment and equalization the same as •other property belonging to individuals, except that it shall be treated as property belonging to railroads, under terms ^Hands," "railroad track," "lots" and "personal property." Sec. 8. At the same time that the lists or schedules are swomBtatemente 1.1/. 'ii 1 1 111*®^® returned to herein before required to be returned to the county clerks, the auditor of state. person, company or corporation owning, operating or con- structing any railroad in this state, shall return to the auditor of state sworn statements or schedules as follows : Showing the property held for right of way, and the length of the main and all side and second tracks and turnouts in such county, and in each township in the county, through or into which the road may run, and the number of acres thereof. They shall also state the value of improvements and stations located on the right of way, as required in sections two and three of this act. New companies shall make such statement on or before the first day of May next after the location of their roads. Sec. 9. If any person, company or corporation owning, penai^forvioia- _ _ - tion of act. operating or constructing any railroad, shall neglect to return to the county clerk the statements or schedules required to be returned to them, the property so to be returned shall be listed and assessed as other property by the city and town- .ship assessors. In case of failure to make returns to the auditor of stat« and county clerks, as hereinbefore provided, the township and city assessors shall ascertain the necessary facts, and assess the property the same as in other cases, and lay the same before the state board of equalization. In case of failure to make said statements, either to the county clerks . • or auditor of State, such corporation, company or person shall forfeit, as a penalty, not less than one thousand nor more than 160 RAILROADS. [Ch. 96. Stete board of aqualization. Beoordbook. ten thousand dollars for each ofiense, to be recovered in any proper form of action, in the name of the "people of the State of Kansas," and paid into the state treasury. Sec. 10. The auditor of state shall annually, on the meet- ing of the state board of equalization, lay before said board the statements and schedules herein required to be returned to him, and such board shall equalize the assessment of such property in such a manner that the valuation of each railroad track ^hall be uniform throughout the entire length of it& road within the state, and they shall also equalize the assess- ments.of all the railroads so that the relative assessments of the different roads shall be just and equitable, provided that they shall not reduce the total assessment of the railroads a& returned by the<;ounty clerks. Sec. 11. The county clerk shall procure, at the expense of the county, a record* book, properly ruled and headed, in which to enter the railroad property of all kinds, as listed for taxa- tion, and shall enter the valuations as assessed, corrected and equalized, in the manner provided by this act; and against such assessed, corrected or equalized valuation, as the case may require, the county clerk shall enter all the^taxes thereon for which said property is liable; and at the proper time fixed by law for delivering tax books to the county treasurer, the clerk shall attach a warrant, under his seal of office, and de- liver said book to the county treasurer, upon which the said county treasurer is hereby required to collect the taxes therein, charged against railroad property in the same manner as pro- vided for by law in other cases. Sec. 12. When any railroad company shall make or record a plat of any contiguous lots or parcels of land belonging to it, the same may be described as designated on such plat. Sec. 13. The returns required by this act shall be made m conformity with such instructions and forms as may be pre- sented [prescribed] by the auditor of state. Sec. 14. Chapter 150, session laws of 1871, entitled "An^ act amendatory of and supplemental to 'An act to provide for- the assessment and collection of taxes,' approved March 2^ 1871," is hereby repealed. Sec. 15. This act shall take effect and be in force from and after its publication in the Kanscbs Farmer. Approved jMarch 9, 1874. Ch. 97.] REFUND MONEY. . 151 I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer, March 18, 1874. W. H. SMALLWOOD, Seereiary of Staie. CHAPTER XCVII. STATE TO REFUND MONEYS TO CERTAIN COUNTIES. An Act for the Refunding of Moneys to certain counties therein named. Whereas, During the years of 1869, 1870, 1871 and 1872, S%toJa*"**^ certain lands, known as "railroad lands," situated in the counties of Dickinson, Clay, Saline, Lincoln, Ellsworth, Eussell, Wabaunsee, Morris, Ottawa and Ellis, and also in Jefferson county, for the years 1863, 1864, 1865, 1866 and 1867, were assessed and taxed as real estate, and such taxes collected by "selling said lands for taxes," and a certain amount of said taxes, claimed by the state under its tax levy, was paid to the treasurer of the State of Kansas by the respective treasurers of the counties hereinbefore men- tioned; and, whereas, the supreme court of the United States has decided that such tax levy and collection "and sale" was illegal: therefore. Be it enacted by the Legislature of the State of Kansas: Section 1. The treasurer of state, the auditor of state countieB. and the county treasurers of the counties of Dickinson, Clay, Saline, Lincoln, Ellsworth, Russell, Wabaunsee, Morris, Ottawa, Ellis and Jefferson for their respective counties, are hereby authorized and empowered to settle and determine the amount of money, if any, that has been paid into the state treasury by said counties, respectively, on account of taxes levied and collected "by the sale of said land for taxes" by said counties for the years 1869, 1870, 1871 and 18i72,on Years, lands situated in said counties and known as " railroad land," and which taxes have been adjudged by the supreme court of the United States to have been illegally assessed and collected : 152 REFUND MONEY. [Ch. 97. ^"1"'^' Provided, That said board shall not allow to either of said oounties credit for any taxes except such as may have been illegally assessed and collected as hereinbefore stated by sale : And be it further provided, That where any county herein named shall have been attached to another county for judicial purposes^ said moneys shall be credited and paid to the county from which said tax was assessed, iqpon tezlrising S^^' 2. After the amount due to each of said counties has fromaimiiaiievy. y^^^ ascertained as provided in the first section of this act, the said state treasurer and state auditor shall deduct from the account due to any one or either of said counties the amount, if any, that may be due to the state from such counties on any account or for any purpose whatever; and aftier such de- duction has been made, the auditor shall draw his warrant on the treasurer of state in &vor of the county treasurer of said counties, respectively, for any amount or balance found to be due such county. Sec. 3. Upon presentation by the respective county treas- urers of the counties named in the first section of this act of the auditor's warrants drawn in accordance with the second section of this act, the state treasurer shall pay to such county treasurers, out of any money in the state treasury not other- wise appropriated, the amount named in such warrants, respectively. Sec. 4. This act shall take efiect and be in force from and after its publication once in the Kansas Weekly GommonweaMh, Approved March 6, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that thesame was published in the weekly Oommonwealih, . March 26, 1874. W. H. SMALLWOOD, Secretary of State. Ch. 99.] RELIEF. 153 CHAPTER XCVIII. RELIEF— CITY OF PARSONS. An Act for the Relief of the Schools of the city of Parsons, in Labette county. Be it enacted by the Legislature of the State of Kansas: Section 1. That the school board of the city of Parsons, of Labette county, in order to raise a sufficient revenue to support and carry on the schools in said city for the year 1874 and 1875, may levy a tax for general revenue purposes not to exceed fifteen mills on the dollar, for any one year, on all real, mixed and personal property within said city, the taxes to be levied and collected as the law now provides. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas Weekly CommonweoMh. Approved February 27, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in ray office, and that the same was published in the weekly Commonwealth^ March 5, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER XCIX. RELIEF— COFFEY COUNTY. An Act for the relief of Coffey county. Whereas, A large amount of taxes were erroneously assessed in Coffey county for the years 1861, 1862, 1863, 1864, 1865, 1866, and 1867, and the state has received her full proportion of said taxes; ancj whereas, said county has been compelled to refund said taxes: therefore. Be it enojcted by the Legislature of the State of Kansas: Section 1. The auditor of state shall allow to said county of Coffey a credit on account of any liability of said county to 164 RELIEF. [Ch. 100. the state for unpaid taxes for the amount of erroneous state taxes in said county for said years 1861, 1862, 1863, 1864, 1865, 1866, and 1867, which have not been previously cred- ited to said county. Sec. 2. In order to ascertain and determine the amount of said erroneous taxes, it shall be the duty of the board of county commissioners of said county to prepare and certify under their hands a statement of the amount of such erroneous taxes for said years, which certificate shall be filed with the auditor of state. Sec. 3. This act shall take effect and be in force from and after its passage, and publication in the B'n/rlingUm Patriot, Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, apd that the same was published in the Burlington Patriot, March 12, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER C. RELIEF— FORFEITED SCHOOL LANDS. An Act to provide for the relief of certain persons who have forfeited their rights to School Lands. Be it enacted by the Legislature of the State of Kansas: Section 1. That in all case of the sale of school lands heretofore made to settlers, where the purchasers thereof have made partial payments thereon, and, through inability or misapprehension of the law, have, by law, forfeited their right to such lands and the money already paid thereon, and when the said purcKaser or purchasers have not been ejected, said persons having made such partial payments, their heirs and assigns may, within six months from the passage of this act, renew their right to retain the lands so forfeited by pay- ing the atoount due on said lands in the manner provided by existing law: Provided, That when such lands shall have been disposed of to other persons under the law, no interest Ch. 101.] RELIEF. 155 thereby obtained shall be affected by this act: And provided further. That all expenses that may be incurred under this act shall be borne by those seeking to avail themselves of the benefits of this act. Sec. 2. This act shall be in force from and after its publica- tion in the Kansas Farmer, * Approved March 7, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer^ March 18, 1874. W. H. SMALLWOOD, Sedretary of^State. CHAPTER CI. RELIEF— F. M. FLETCHER. An Act for the relief of F. M. Fletcher. Whereas, Henry Heineke, Wm. Baxter and F. M. Fletcher preamble, jointly contracted with the board of education of the city of Ottawa, in the year 1872, to build and complete the Central school building, and did erect and complete said building in compliance with their contract, and to the full and complete satisfaction of the board of education; and whereiis, while the said contractors were only officially known to the board as joint contractors, it was known by the several members of the board that there was a separate contract between each of the contractors, according to the terms of which Heineke was to do the stone work, and re- ceive a certain stipulated sum ; Baxter was to do the brick work and plastering, and receive a certain stipulated sum ; > and Fletcher was to do the wood work and painting, and receive a certain stipulated sum; and whereas, in the set- tlement between the board of education and said contractors it was made manifest to the said board that the said Fletcher had lost on his part of the contract a large sum of moneys exclusive of his own time and labor, the board unanimously 156 BELIEF. [Ch. 102. May iame bonds. &vored reimbursing him for all actual loss^ but lacked the legal authority so to do : Be it enacted by the LegisUxtwre of the State of Kansas: Section 1. The board of education of the city of Ottawa is hereby authorized and empowered to issue the bonds of said city to the^ amount of not exceeding fifteen hundred dollars, and deliver the same to F. M. Fletcher or his legal representatives; said bonds to be issued in sums not exceed- ing five hundred dollars, bearing interest at the rate of ten per cent, per annum, which interest shall be payable annually; one or more of said bonds shall be payable on the first day of July> A. D. 1875, and each year thereafter until all are paid. The bonds shall specify on their face the date of issue and date of maturity, amount, rate of interest, and where payable; they shall have coupons attached for each year's interest, which coupons shall be filled up and signed at the same time the bonds are issued; they shall be dated and numbered so as to correspond with the bonds: Provided, That no bonds shall be issued until a petition, signed by a majority of the qualified electors of said city, shall have been presented to said board, asking the issuance of such bonds. Sec. 2. This act shall take effect and be in force from and afl:er its publication once in the Topeka Weekly Commonwealth. Approved March 5, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Commonweatthy March 26, 1874. W. H. SMALLWOOD, Secretary of State, Pmunble. CHAPTER CII. BELIEF— W. C. BLACK. An Act for the relief of W. C. Black. Whereas, W. C. Black, of Butler county, 09 the seven- teenth day of May, A. D. 1870, paid into the school fund of the State of Kansas the sum of two hundred and six Ch. 102.] RELIEF. 157. « dollars for the purchase of the northwest quarter of the southeast quarter, and southwest quarter of southeast quar- ter, and northwest quarter of southwest quarter, and northeast quarter of southwest quarter, and southeast quarter of southwest quarter, and southwest quarter of southwest quarter, of section numbered sixteen, in township numbered twenty-eight, south, of range numbered four, east, in said Butler county, supposing the same to be school land; and whereas, William Dickensheets, on the twelfth day of August, A. D. 1871, entered the north half of the southeast quarter, and the northeast quarter of the southwest quarter of said section sixteen, and Frank Dickensheets, on the twenty-second day pf May, A. D. 1871, entered the south half of the southeast quarter of said section, numbered sixteen, in said township twenty- eight, south, of range five, east, under the joint resolution of the congress of the United States, approved April 10, 1869, in relation to the Osage ceded and trust lands in said county: therefore, Be it enacted by the Legislature of the State of Kansas: Section 1. That the treasurer of the state be and he is hereby authorized to pay to the said W. C. Black, out of the school fund of the State of Kansas, the said sum of two hundred and six dollars. Sec. 2. That the school ftmd commissioners be and they are hereby authorized to issue to the said W. C. Black their warrant upon the treasurer of the State of Kansas for the sum of two hundred and six dollars. Sec. 3. The auditor of state is hereby authorized to issue his warrant upon the treasurer of state for the purpose and amount specified in section one of this act. Sec. 4. This act shall take effect and be in force from and after its publication in the statute book. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. w. h; smallwood, ' • Secretary of State. 158 • BELIEF. [Ch. 103. CHAPTER cm. BELIEF— BOARD OF EDUCATION— CITY OF OTTAWA. An Act for the relief of the Board of Education of the city of Ottawa. Be U enacted by the Legislatwre of the State of Kansas: KAyiaroe bonde. SECTION 1. That for the purposc of providing for funding the floating indebtedness of the Ottawa city school district, the chairman of the board of education of said city shall, as soon as practicable, cause to be prepared suitable bonds, bear- ing coupons, and interest payat)le on the same as school house bonds : Provided, That no greater amount of bonds shall be issued than will cover the actual amount of indebtedness, and said amounts shall in no case exceed three thousand dollars. Sec. 2. Said bonds shall run at the discretion of the board, not longer than ten years, and shall be sold for not less than ninety cents on the dollar, and the proceeds applied under the direction of the board of education to liquidate the floating indebtedness of said city school district. x^Tytax/ gjjQ 3 i^ ghall be the duty of said board to cause to be assessed and levied each year upon the taxable property of the Ottawa city school district, in addition to the levy authorized by law for otheV purposes, a sufficient sum to pay the interest on outstanding bonds and such proportion of the principal as may mature before the next levy. Sec. 4. Said bonds shall, on payment thereof, be canceled and destroyed, the same as warrants. Sec. 5. This act shall take effect and be in force on and after its publication once in the Kansas Weekly Commonwealth. Approved March 3, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Commonwealihj March 19, 1874. W. H. SMALLWOOD, Secretary of State. Ch. 104.] REPORTS OF SUPREME COURT. 159 CHAPTER CIV. REPORTS OF SUPREME COURT. An Act to provide for the speedy publication of the Reports of the Supreme Court, to regulate the sale and disposal of said Reports, and of the pr^ ceeds thereof, and to fix the salary of the Reporter. Be it enacted by the Legislature of the State of Kansas: Section 1. The cases decided by the supreme court of this speedy pubuca- 1.11 1 n nn • ' tion of the report! state, which the court deem of suflncient importance to be published, shall be prepared by the reporter and delivered to the public printer, and the public printer shall print and pub- lish the volumes of reports as speedily as possible. Volumes ten, eleven and twelve of said reports shall be published during the present year, and thereafter a volume of reports shall be published immediately after all the opinions deliv- ered at any one term of the court shall have been filed : Pro- videdj That no volume shall contain less than seven hundred pages, including the index. Sec. 2. The reporter shall cause each volume of reports Reports *• ^ '^ copyrighted. hereafter published to be copyrighted for the use and benefit of the State of Kansas; and all papers and. certificates relat- ing to the copyright of said reports, and all certificates relat- ing to the copyright of the volumes heretofore published, shall be filed and preserved in the office of the secretary of state. Sec. 3. The public printer shall hereafl;er deliver the whole Deiiveredtoubm- . rt 1 .1 '**°- number of copies of reports of the supreme court required by law to be published, to the stat« librarian immediately on the completion thereof; and when the whole edition of any volume shall be so delivered, the librarian shall certify that fact to the secretary of state, who shall thereupon ascertain the amount due the public printer therefor, and audit and certify the same to the auditor of state for payment. Sec. 4. The state librarian shall, when the reports are de- Disposition of r«- ports. livered, set apart one hundred ^copies of each volume to be by him used in exchanging with other states, territories, societies, institutions and associations, as now required by law. He shall mark for use of state library three copies, one of which shall be placed in the judges' consultation room; 160 REPORTS OF SUPREME COURT. [Ch. 104. and he shall deliver one copy to each of the following officers : Each' justice of the supreme court, each judge of the district court, the governor, the attorney general, the secretary of state, the auditor of state, and the superintendent of public instruction ; five copies to the reporter of the supreme court, and two additional copies to be placed in the library of con- gress, to complete the copyright thereof; and the librarian shall deliver to the secretary of state oae copy for each organ- ized county, to be by him delivered to the clerks of the dis- trict courts of said counties. The balance of said reports shall be sold by said librarian at four dollars per volume. The librarian shall, from time to time, pay into the state treasury the money received on sales of said reports. JoooStitute '^^ ®^^' ^\ -^'^ moneys paid into the state treasury since the iibrftryftind. qIqqq q{ the last fiscal ycar, on account of sales of reports of the supreme court, and all moneys hereafter paid in on such account, shall constitute a "library fund.'^ The state treas- urer shall open an account with the state library, to which • all such payments shall be credited. Said fimd may be drawn on from time to time, by the directors of the state library, for the purchase of reports and other books, when they deem it necessary to increase the library. All undrawn balances at the close of each fiscal year shall be transferred by the treas- urer to the general fund. SfKdSiiv°iSdto S^^- ^- T^^ reporter of the supreme court shall, on or be- ubrarian. f^^,^ ^^^ g^^^ ^^^ ^f April, 1874, dclivcr to the state librarian all copies of the first, second, third, fourth, fifth, sixth, sev- enth, eighth and ninth volumes of reports remaining unsold, and said librarian shall sell said volumes at four dollars eachfj and deposit the money in the state treasury, to be credited to the library account. The reporter shall also, on or before said day, make and file with the directors of the state library, a statement showing what number of copies of each volume of reports have been sold by him, and the prices at which the same were sold ; and the proceeds of the sales shall be placed to the credit of the library fund. «S 188 ROADS AND HIGHWAYS. [Ch. 108. SrSaSaSSf °^® time that they make their report of the view, to make also a separate report to the county commissioners in writing, stating the amount of damage, if any, by them assessed, and to whom. They shall also be required to submit with such report the written application on which assessments have been made. All allowance for damages, as provided in this act, shall be subject to revision by the said board of county commissioners, and any person feeling himself aggrieved by the award of damages made by the board of county commissioners, may appeal from the decision g£ the said board of county commis- sioners to the district court upon the same terms, in the same manner and with like effect as in appeals from judgments of justices of the peace in civil cases. S£?^*ho^ Sec. 8. When the place of beginning or true course of •**^***°*** any road shall be uncertain by reason of the removal of any monument or marked tree by which the road was originally designated, or from any other cause, the county commissioners of the proper county may appoint three disinterested house- holders of the county to review and straighten said road, if they deem it necessary; and the county surveyor shall survey the same, and said reviewers and surveyor shall view and survey said road, and the same correctly mark as in the case of new roads, and shall make a correct return of said survey and a plat of said road to the commissioners, who shall cause the same to be recorded as in other cases, and from thence- forth said road, surveyed as aforesaid, shall be considered a public highway. wSi^^v^^^ Sec. 9. When it shall become necessary to establish a road on a county line, the inhabitants along such line may petition the board of commissioners of their respective counties for a view of said road in the manner hereinbefore provided; and it shall be the duty of the board of commissioners for each tererted^^SppolSt ^^ *^® couutics interested, to. appoint three disinterested S'hoi^lidSli" householders as viewers, who, or a majority of them, shall meet at the time and place named in the order of the county interested first, in alphabetical order, together with the sur- veyor of such county ; and the viewers and surveyor aforesaid shall assess all damages, and shall in all respects be governed by the preceding provisions of this act; and the viewers and survey or. aforesaid shall make their report in writing for or against such road, and the commissioners upon receiving such report shall be governed by this act; and when it shall be- Ch. 108.] ROADS AND HiaHWAYS. 169 come necessary to establish a road on the line of any city, the Boad on une of board of commissioners of the county and the corporate authorities of such city may each appoint three householders as above, who shall proceed as directed herein, to lay oS a road of the width of sixty feet along such line, one-half on the side of the city, and the other half on the side of the county ; or the said viewers may act separately in laying off so much of said road as lies within the corporate limits of said city, or county outside of said city. Sec. 10. If on receivins: such report, and there being no Report received- • , ^ *■ , , /» 11 1 commifiBloners to legal objection. thereto, and the commissioners of all the JJ<*^^^'^^^^'^«* counties interested, or a majority of them, shall be of the ^^^ ' opinion that said road, if opened, would be of public utility, they shall order the same to be opened in the manner pro- vided in this act. Sec. 11. All persons required to render services under this compensation. act shall receive compensation for each day they shall neces- sarily be employed, as follows, to wit: Viewers, two dollars each ; chain carriers and markers, one dollar and fifty cents each; to be charged as cost and expense, and paid out of, the county treasury on order of the commissioners. Sec. 12. It shall be the duty of each and every road over- Road overseer to •^ •' give notice when seer to open or cause to be opened all county and state roads Jjjj*****^^" and highways which have been or may hereafter be laid out or established through any part of the district assigned to such overseer, first giving notice to the owner or owners, or their agent or agents, if residing in tl\e county, or if such owner be a minor, idiot, or insane person, then to the guar- dian of such person, if a resident of the county, through whose inclosed or cultivated lands such road is laid out or established, notifying such owners aforesaid to open said road through their lands within ninety days after service of such notice;. and if the person or .persons so notified do not open such road within the time named in such notice, it shall be lawftil for such overseer or any person under his direction to enter upon said lands and open said road : Providedy If such P«>^i«>- notice be given between the first day of March and the first day of October, the notice shall designate the first day of January next as the time of opening such road ; and the overseer shall keep the same in repair, and remove or cause to be removed all obstructions that may from time to time be found thereon, for which purpose the overseer is hereby 170 B0AD6 AND HIGHWAYS. [Ch. 108. OlTeoertlflcate. Poyew of over- authorized to enter upon any uncultivated land unincumbered by a crop, near or adjoining the public road, to dig and carry away any gravel, sand or stone, and to purchase any timber which may be necessary to improve or repair said road, and to enter upon any land adjoining or lying near to said road to make such drains or ditches through the same as he may deem necessary for the benefit of the roads, doing as little damage to said lands as the nature of the case and the public good will permit; and the drains and ditches thus made shall be kept open by the overseer, if necessary, and shall not be obstructed by the owner or occupants of said land, or by any other person, under the penalty of being fined not exceeding ten dollars for each offense, before any justice of the peace of the county. Any overseer who shall take away gravel or stone for the purpose of repairing any road, or for building or repairing any bridge, shall, upon the demand of the owner, give a certificate, showing the quantity and value thereof, and the time when .taken; and upon the presentation of such certificate to the trustee of the township in which such road «r bridge is situated, the owner of such certificate shall be allowed by the township trustee such compensation as may be just and equitable. Sec. 13. The county commissioners are hereby authorized^ whenever in their judgment the inconvenience to the public will not be too great, to allow any person through \vhose land a road is laid out to maintain convenient gates for a time suf- ficient to grow a hedge, not to exceed five years. Sec. 14. Each overseer, within his district, shall erect and keep up at the expense of the township, posts and guide- boards at the forks of every state and county road, containing an inscription in legible letters, directing the way and naming the distance to such cities as are situated on said road ; and any road overseer failing to do so in a reasonable time, not to exceed six months, shall, upon conviction thereof before any justice of the peace of the proper county, be fined in any sum not exceeding five dollars, with costs of suit; and such fine, when collected, shall be paid into the county treasury for school purposes. Sec. 15. All avenues, streets and alleys in cities, which are or may hereafter be laid out agreeably to law, shall be and the same are hereby declared public highways: Provided^ That the municipal authorities of any incorporated city Erect posts and gnide-boards. Streets, etc., pub lie highways. Ch. 108.] ROADS AND HIGHWAYS. 171 may make, ordain and enforce such ordinances concerning the sidewalks of the streets of such city as shall be deemed necessary to prevent such sidewalks from being used for the passage of horses, wagons or carriages, or hitching horses or other animals thereon. ' Sec. 16. Each incorporated city of more than six hundred ^J^t^S^^f^ inhabitants shall constitute a separate road district, and the ^f^roaAdiAnct, corporate authorities of such corporation shall have power to appoint a road overseer for such corporation, fix his term of office and compensation, and remove him from ofiice for any misconduct, and shall require him to give bond, with good security, to the proper corporation for the faithfiil discharge of his duties, and for the safe-keeping and proper use of any money that may come into his hands, and to disburse the same in the manner directed by the corporation: and such i>uue8of road overseers shall do and perform all the duties in the same manner and under the same instructions and liihitations as are provided for the government of overseers in this act, except as herein otherwise provided ; and the said corporate authorities of any such city are authorized and empowered to use the two days' work provided for by this act, or the money paid by persons in the discharge of the same, in paving, maxjadamizing or grading the streets or alleys in such city in any manner provided by ordinance or resolution of any such corporation : Providedj Such work or money shall be applied sheets worked, first to the most public streets not macadamized or graded, an(Jthat the work required to be done as provided for in this act, shall be done between the 1st 'day of April and the 1st day of October of each year; and any such city shall have the power to pass any by-law or ordinance necessary to carry out fully the provisions of this act. • Sec. 17. If any person shall willfiilly demolish, throw pfenaity for acts J , i/> .1 .111 done 88 defined by- down, alter or deface any milestone or guide-board on or at *^ section. the forks of any roads, or shall willfully obstruct any such road by any means or in any manner whatever, every person so offending shall, on conviction, be adjudged guilty of a mis- • demeanor, and be punished by imprisonment in the county jail not exceeding three months, or by fine of not less than twenty nor more than one hundred dollars, or by both such fine and imprisonment, which fine shall be paid by the officer receiving the ^me into the county treasury for school pur- poses. And every person obstructing any such road as 17^ BOADB AND HIGHWAYS. [Ch. 108. aforesaid^ shall also be liable in a civil action for all damages sustained by any person who has in any manner whatever been damaged by reason of such obstruction. 5S* SS roSfc ^ S^^* 18' ^1^ TOf^Siie persons between twenty-one and forty-five years of age, who have resided thirty days in this state, who are capable of performing labor on public highways, and who are not a township charge, shall be liable each year to perform two days' work of eight hours each on the public roads, under the direction of the road overseer, within whose district they may respectively reside, or furnish a substitute to do the same, or pay the sum of one dollar and fifty cents per day to said road overseer, who shall receipt for the same, and expend it in repairs on the public roads within his district; and any moneys so received and not expended shall be paid over to his successor in oflGlce, who shall expend • the same as above provided. ovffl^r to give ggc. 19. The overseer of highways in each road district shall give a notice to persons residing in his district liable to or charged with a road tax, of the time and place he will at- tend and direct the work to be performed, as aforesaid. The overseer may direct what implements such person shall bring with which to perform such work. AbSSr^y ?^r- ^^^' 20' Whenever it shall happen, in consequence of sick- fonnwork,w en. ^^^ ^^ abscncc from homc, or any other cause, that the two days' work aforesaid shall not be performed within the time specified in this act, the overseer shall be authorized to re- quire the performance of such work at any time prior to ,the ^ri*^ to' work ^* ^^^ ^^ Octobcr then next ensuing; and in case any person shall neglect or refuse to do the two days' work or fur- nish a substitute, or pay the said sum of one dollar and fifty cents per day as provided in this act, he shall be deemed guilty of a misdemeanor, and shall be fined in the sum of, five dollars for such refusal so to work, upon conviction before any justice of the peace of the township. If any person shall appear at the proper time and place as directed by the over- • seer, and neglect or refuse to do a reasonable day's work, according to his ability, he shall be liable the same as if he neglected or refused to appear or furnish a substitute, or pay the said sum of money as provided herein. Levy road tax. gjjc. 21. The couH ty commissioncrs of each county may, at the time prescribed by law for levying county taxes, levy a road tax of not more ftian three mills onthe dollar on all taxa* Ch. 108.] ROADS AND HIGHWAYS. * 17S ble property in .their respective counties, except the real estate in incorporated cities of over two thousand inhabitants, and the said tax may be paid in labor under the direction of the overseer of the district in which the property is situated by any able-bodied man at the rate of one dollar and fifty cents per day, and the same amount shall be allowed for a two- horse team and wagon, or team and plow. Sec. 22. It shall be the duty of the county clerk, afi;er such g^tj^ of county tax has been levied, to fiirnishto each township trustee a list of all the taxable real estate, and persons charged with taxes on personal property within their respective townships, and the amount of road tax chargeable to each tract or person, said list to be fiirnished on or before the first day of January of each year. Sec. 23. The trustees of the several townships, aft«r re- Duty of township' ceiving the lists mentioned in the preceding section, shall pro- ceed to make out lists of all the taxable real estate, and of all persons charged with taxes on personal proper^^ with the amount of road tax chargeable to each tract and person with- in the various road districts, and deliver the same to the over- seers of such districts on or before the first day of March of each year. Sec. 24. It shall be the duty of the county clerk to charge up on the county tax-roll of the year following that on which the levy is made, to each tract of land and person, the amount of road tax due under said levy. Sec. 25. It shall be the duty of each road overseer to re- party working , 1 />' 11 ,1 ii*i*i roads entitled tor ceipt to each person who performs labor on the public nigh- receipt. ways of his district, under the provisions of this act, for the amount of labor so performed, and he shall specify the land or lands or the persons for which such labor was the payment of road tax, which receipt shall be received by the county ' treasurer in payment of road taxes charged against the lands or persons described therein for the year; and in case the labor performed by any person shall exceed the amount of road tax which such person wishes to pay for that year, the road over- seer shall give such person a certificate showing that such person has performed such amount of labor, which certificate shall be received by the county treasurer in payment of such person's road tax for the following year; and the county treasurer shall receive no per centum on the amount of road taxes thus paid and receipted. 174 BOADS AND HIGHWAYS. [Ch. 108. Townsl&p treM- vaen to receive road tax. Obstructed high- way to be repaired «>rihwith. Width of roads. Orowing hedge. Party owning land bavins no outlet or road, may petition for one. Proviso. Sec. 26. The township treasurers shall receive from the county treasurers the road taxes paid within their respective townships, and the same shall be appropriated to the building of bridges and the repairing of roads within their respective townships, and the purchase of the requisite number of scrapers and plows for repairing roads. Sec. 27. If at any time any highway shall be obstructed or become impassable, or any bridge shall be impaired so as to be unsafe, it shall be the duty, of the overseer of the district in which such obstruction, impassable road or impaired bridge may be situated, to cause such obstruction to be removed, or such road or bridge to be repaired forthwith, for which pur- pose he shall order out such number of persons liable for road tax in his district as will be necessary to make said repairs.; and every person so ordered out, who shall refuse or neglect to attend with proper implements, or shall spend the time in idleness after reporting for labor, shall be liable to a fine of five dollars. Sec. 28. The width of all county roads shall be determined by the viewers at the time of establishing the same, and shall not be more than eighty nor less than forty feet: Provided j That in cases where a growing hedge or other permanent im- provement, the removal of which would cause too great an expense, the viewers may determine the width of the road at not less than thirty feet; and in cases where a growing hedge or permanent improvement on or near one side of the pro- posed rpad precludes the road being laid equally on both sides of the line, the viewers may establish all or any part of said road on the side of the section line not incumbered by improvement. Sec. 29. That whenever the premises of any person in this state shall be so completely surrounded by adjoining lands, the property of other persons, as to be without access to any public highway, then such person may petition the board of county commissioners of the county in which such premises lie, for a road through some portion of the adjoining lands, and the board shall, on the presentation of such petition, pro- ceed in accordance with the provisions of the foregoing sections to lay out such road, make returns of plats, and allow damages, if any should be held or allowed, provided said road shall not exceed twenty-five feet in width, and be Oh. 108.] BO ADS AND HIGHWAYS. ' 175 laid out upon the section or half-section lines when practi- <5able. Sec. 30. Each road overseer shall on or before the twentieth SS!!*'^??!**** •day of March of each year report to the township trustee k the names of all persons subject to the two days' road tax for the preceding year, the names of those who have worked out Nature of report, said tax, the names of those who have paid said tax in money, ;.and the names of those delinquent; and also all moneys received by him from all sources and how expended, and the raccount of said road overseer of work performed by himself, which report shall be approved by said trustee before any £nal settlement shall be made with such road overseer. Each E«°*IJ^.5'^**»^" tion of act. ..and every road overseer or other officer, who shall neglect or refuse to perform the several duties enjoined upon him by this act, or who shall under any pretense whatever, give or sign a receipt or certificate for labor performed or money . paid, unless the labor shall have been performed or money paid prior to the signing or giving of such receipt or certifi- "Cate, every overseer so offending shall forfeit for every such -offense not less than five nor more than fifty dollars, to be recovered by an action before any justice of the peace within the township where such overseer may reside ; and it is hereby made the duty of every county • attorney to prosecute all offenses against the provisions of this act not otherwise pro- vided for. Sec. 31. It shall be the duty of the township trustees of StJfney!^''"*^ the several townships in each county of this state, to cause to be put up and kept in good repair at each end of each and every bridge erected by the county upon any highway in their respective townships, of a span of not less than twenty- five feet, a notice, which shall be printed in conspicuous letters, with the following words: "Five dollars fine for riding or driving over this bridge faster than a walk." Sec. 32. It shall be unlawful for any person or persons to Notice on bridge ride or drive any horse, mule, ass, or ox over any such bridge f|*^o/*rf§gj^'*^" in this state faster than a walk, or drive more than fifty head •of cattle on such bridge at one time; and any person who . shall so unlawfully ride or drive such horse, mule, ass, or ox over such bridge, or drive over the same more than fifty head of cattle at any one time, upon conviction thereof shall pay a fine of five dollars and costs of suit. Sec. 33. Road overseers shall be allowed one dollar and 176 ROADS AND HIGHWAYS. [Ch. 109, drtJSfg^CT**^ 6%" cents per day for all services required by this act and actually performed in their respective districts, exclusive of his own road or poll tax, to be paid by the township treas- urer on the order of the trustee:" Providedy however. That no overseer shall receive pay for more than fifteen days in any one year in addition to his own road tax. Sec. 34. That chapter eighty-nine, entitled "An act in relation to roads and highways," Laws of 1868, chapter one hundred and one. Laws of 1870, and chapter one hundred and seventy-five. Laws of 1872, be and the same are hereby repealed. Sec. 35. This act shall be in force from and after its pub- lication in the statutes. Approved March 7, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER CIX. ROADS AND HIGHWAYS— COUNTY OR CIVIL TOWNSHIP LINE. An Act relating to Roads. Be it enacted by the Legialatv/re of the State of Kansas: Section 1. That where a road is located on a county or civil township line, and by reason of any impediment, either natural or otherwise, any portion of such road suffers a de- flection from such line not exceeding forty rods parallel dis- tance, then for the purpose of improvement such road shall be deemed to be wholly on such line. Sec. 2. All expenses, either in money, material or labor, arising from the improvement of any portion of such road, shall be borne jointly by the counties or townships contigu- ous thereto, as the case may be. Sec. 3. All the acts or parts of acts in conflict with the [Ch. 110. ROADS AND HIGHWAYS, 177 * provisions of this a^®<^- as to read* as follows: Section 1. That whenever a school house or other improvements have been made upon the claim of any settler, upon any of the public, Indian or railroad lands within this state, to whicl#the said settler had no title, it shall be lawful for the school directors of the proper school "district to remove the said school house or other improve- ments from the said claim at any time within one year from the time that the settler in any given case may a<5quire a title to his said claim: Provided, That if the said settler, in any Proviso, given case, shall convey to said board of school directors one ;acre of the land upon which said school house or other im- provements are situated, the same shall not be removed: And provided further. That if any school house shall have schooihouseoost- , , inff five hundred been built of stone, brick or frame, costing not less than five dollars. hundred dollars, the probate judge of the county shall appoint three disinterested persons, who shall appraise and condemn one acre of such land upon which said improvements shall have been located, and it shall be the duty of the school directors of such district to pay to the owner of such land the value of such land as found by said appraisers. Sec. 2. That chapter one hundred and twenty-eight. Laws of 1873, be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and :after its publication in the Kansas Daily Commonwealth, Approved March 9, 1874. . I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my ofl&ce, and that the same was published in the daily Coramonwealth, March 18, 1874. W. H. SMALLWOOD, Secretary of State, 192 SCHOOLS. [Ch; 122. CHAPTER CXXII. SCHOOL HOUSES— TREASURERS— DISTRICTS, ETC. An Act supplemental to and amendatory of chapter ninety-two, General Statutes of 1868, and chapter eighty-six. Laws of 1869, and chapter one hundred and eighty-five of Laws of 1872. Be it enacted by the Legislature of the State of Kansas: jS^riSSlTybe Section 1. That school districts having school houses the ^**^- value of which is not less than four hundred dollars, the school-house site shall not be changed except by a vote of at least two-thirds of the legal voters of the district in fiivor of such change. TOue detennin- gjjc* 2. The valuc of school-houscs in districts desiring to change the school site shall oe determined by three apprais- ers, who shall be freeholders, chosen at a district meeting by the qualified electors of the district. 5S5??bSSSS!*^' Sec. 3. In case any school district cannot otherwise obtain title to the site selected by such school district, it shall be the duty of the probate judge of the county in which such school- house site is located to appoint three disinterested freeholders to appraise and condemn such site — not to exceed one acre; and such appraisers shall proceed to assess and condemn such site, and upon payment by said district board of such appraise- ment the title to such site shall vest in said district: Provided, That such district board or the owner of the land so con- demned shall be entitled to an appeal from such appraisement in such manner and upon such conditions as appeals are made from decisions of justices of the peace. SSSurer?*"^^ Sec. 4. That section forty-one, chapter ninety-two of Laws of 1868, be and is hereby amended so as to read as follows: Section 41. The treasurer shall keep a book in which he shall enter all the moneys received and disbursed by him, specifying particularly the sources from which money has been received, and the person or persons to whom and the objects for which the same has been paid out. H^ shall pre- sent to the district at each annual meeting a report in writing containing a statement of all moneys received by him from the county treasurer during the year; also, all moneys col- lected by him during the year from assessmpnts in the district, and of the * disbursements made by him, with the items of Ch. 122.] SCHOOLS. 193 such disbursements^ and exhibit the vouchers therefor, which report shall be rcicorded by the district clerk; and at the close of his term of ofl&oe shall settle with the district board, and shall hand over to hiiS successor said book and all receipts, * vouchers, orders and papers coming into his hands as treas- urer of the district, together with all the moneys remaining in his hands bs such treasurer. Sec. 5. That section forty -eight, article four, chapter Branches taught, ninety-two of the Greneral Statutes of 1868, be and the same is hereby amended so as to read as follows: Section 48. In each and every school district in vthe state shall be taught orthography, reading, writing, English grammar, arithmetic, and such other branches as may be determined by the district board. Sec. 6. That section twenty-three of chapter eighty-six. Teachers' loatt. Laws of 1869, be so amended as to read as follows: Section 23. During the time of holding a teachers' institute in any * county in this state, any school that may be in session in such county shall be closed; and it is hereby made the duty of all teachers to attend such institute, or present to the county superintendent satisfactory reasons for not attending. Sec. 7. That section two of chapter one hundred and It^et^^m eighty-five. Laws of 1872, be amended so as to read as fol- ISiooiStriS;, ^ lows : Section 2. If in the formation or alteration of or refu- sal to form or alter school districts, any person or persons shall feel aggrieved, such person or persons may appeal to the board of county commissioners, who shall confer with the county superintendent, and their action shall be final: Provided, That notice of such appeal shall be served on the Provio. county superintendent within ten days of the time of posting of the notices of the formation or alteration of such district; such notice shall be in writing, and shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts afiected by such alteration: And provided, also. That such appeal shall be heard and decided by the majority of the board of county commissioners at their next regular meeting; and if such appeal is not sus- tained by them, the county superintendent shall proceed to appoint the time and place for said first district meeting, which shall then proceed as by law required. Sec. 8. That sections forty-one and forty-eight of chapter 13 194 SCHOOLS. [Ch. 123. ninety-two, Laws of 1868, section twenty-three of chapter eighty-six. Laws of 1869, and section two, chapter one hun- dred and eighty-five, Laws of 1872, be and the same are hereby repealed. Sec. 9. This act shall be in force from and after its publi- cation in the statutes. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bijl, now on file in my dffioe. W. H. SMALLWOOD, Secretary of Stale, CHAPTER CXXtll. EDUCATION OF HEALTHY CHILDREN REQUIEED. An Act requiring the Edacation of all Healthy Children. JBe U ena^sted by the Legislature of the State of Kansas: ^omijer^weckfl SECTION 1. That every parent, guardian, or other person S2S^**S« in the State of Kansas, having control of any child or chil- lorerSr.etcJ drcn bctwccn the ages of eight and fourteen years, shall be required to send such child or children to a public school or private school, taught by a competent instjrilctor, for a period of at least 'twelve weeks in each year, six weeks of which time shall be consecutive, unless such chIM or cnildren are excused from such attendance by the board of the school district, or the board of education of the city in which sttch parent, guardian, Or person having control, resides, upon its Toeing shown to their satisfaction that such parent or guardian was not able, by reason of poverty, to clothe sUfch child properly, or that such child's bodily or mental condition has been such as to prevent his attendance at school or ap|flication to study for the period required, or that such child or chil- •dren are taught at home in such branches as are tfeually taught in the public schools, subject to the same examination ;as other pupils of the district or city in which the child re^ ^ides, or that he has already acquired the ordinary braa^Hes^ Ch. 123.] SCHOOLS. • 195 required by law, or that there is no school taught within two miles by the nearest traveled road. Sec. 2. Any parent, guardian or other person, failing to Penalty for iwi- • .. . ure to comply comply with the provisions of this act, shall, upon conviction, wit^provisionsof be deemed guilty of a misdemeanor, and fined in a sum not less than five nor more than ten dollars for the first oflFense, nor less than ten nor more than twenty dollars for the second and every subsequent oiFense. Said action shall be prosecuted in the. name of the State of Kansas before any court of com- petent jurisdiction, and all fines so collected shall be paid into the county treasury for the support of common schools. Sec. 3. It shall be the duty of any school director or Dutyofwhoai 1 /» 1 . . . . officers. president of the board of education to inquire into all cases of neglect of the duty prescribed in this act, and ascertain from the person neglecting, the reasons, if any, therefor, and shall forthwith proceed to secure the prosecution of any offense occurring under this act, and any director or president neglecting to secure such prosecution for such offense within ten days after a written notice has been served on him by any tax-payer in said district or city, unless the person so com- plained of shall be excused by the district or city board or board of education for reasons hereinbefore stated, shall be deemed guilty of a misdemeanor, and liable to a fine of not Penalty. less than twenty nor more than fifty dollars, which fine shall be prosecuted for and in the name of the State of Kansas, and such fine, when collected, shall be paid into the county treasury as in^ section two of this act. Sec. 4. That upon the trial of any offense as charged JiffrJ!^^ ^"^ herein, if upon such trial it shall be determined that such prosecution was malicious, then the costs in such case shall be adjudged against the complainant and collected as fines in other cases. Sec. 5. This act shall take effect aqd be in force from and aftier August 1, 1874, and its publication in the statute book. Approved March 9, 1874, I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my ofiice. W. H. SMALLWOOD, Secretary of State, 196 SDTKINO FUND. [Ch. 124. CHAPTER CXXIV. SINKING FUND— COUNTY, TOWNSHIP AND CITY— HOW INVESTED. Air Act to proride for the inyestment of Sinking Funds in the hands of County, Township and City Treastirers. Be U enacted by the Legislature of the State of Kansa^s: Section 1. It shall be the duty of county, township and city treasurers in this state to invest all moneys in their hand» belonging to any sinking fund in the manner provided for in this act. SSC^wSSSt^ Sec. 2. The county treasurer of any county shall, by and *** with the consent of the board of county commissioners, in- vest all moneys in his hands which have been levied and collected as a sinking fund to redeem the outstanding bonds- of the county, as follows: First, in the bonds of the county for which such sinking fund has been levied, provided the same can be purchased at a price not exceeding their market or par value. Second, if no bonds for which said sinking fund has been levied and collected can be purchased, then said fimd shall be invested in other bonds of the county, at a price not exceeding their market or par value. Third, if no county bonds can be purchased, then said fimd shall b^ invested in bonds of the State of Kansas, provided the same can be pur- chased at a price not exceeding their market or par value;, and if no bonds of the state can be so purchased, then the sinking fund shall l^e invested in bonds of the United States. TowMMp^toi- Sec. 3. The treasurer of any township in this state shall^ by and with the consent of the township board, invest all moneys which shall be paid into his hands belonging to. the sinking fund of such township in the same manner as that prescribed for investments made by county treasurers, except that the bonds of the township shall be first purchased, if they can be obtained at a price not exceeding their market or par value. Sec. 4. The treasurer of any city in the state shall, by and with the consent of the mayor and common council of such city, invest all moneys which shall be paid into his hands- inyosted. Oh. 124.] SINKING FUND. 197 belonging to the sinking fund of such city in the same man- ner as that prescribed for investment made by county treas- urers, except that bonds of the city shall be first purchased, if they can be obtained at a price not exceeding their market or par value. Sec. 5. All moneys in the hands of the county treasurer sinking flmd of belonging to the sinking funds of the several school districts tow invested. in such county shall be invested by the county treasurer, by :and with the consent of the school boards of the districts to which such funds may belong respectively : Fird, in the bonds of the district to which said sinking fund belongs, provided «uch bonds can be purchased at a price not exceeding their market or par value. Second, in the bonds of other school . ^districts of this state maturing before the bonds for which £uch fund is raised, provided the same can be purchased at a price not exceeding their market or par value. Third, in bonds of the State of Kansas, or of the United States. Six:;. 6. It shall be the duty of the county, township and Si^[t^S?*°* <5ity treasurers to collect the interest on all bonds belonging SSSSS'^nd, to the sinking funds which they may hold respectively, and shall credit such interest when collected to the proper sinking fund, except in case the bonds purchased for the sinking fund are those for which the said fund was levied and collected, and then it shall be the duty of the said treasurers to surren- der said bonds to their respective boards, or to the city coun- cil, to be by .them canceled and destroyed; and a minute of 43uch cancelation shall be made upon the registry in the county or city clerk's ofl&ce, as the case may be, and upon the books of said treasurers, and they shall have proper credit therefor, and a record of such cancelation shall be made upon the journal of the county or township, boards, or of the city council, as the case m'ay be. Sec. 7. It shall be the duty of the county, township and Beponmad*. city treasurer, at each settlement with the county, township or city, to make a foil report of all proceedings under this act, giving the number and amount of bonds purchased for the sinking fond, from whom and when purchased, and the price paid therefor, and for what fund purchased. Sec. 8. If any county, township or city treasurer shall uStowmpi^' neglect or refuse to perform the duties imposed by this act, ^"*^''- he shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by a fine of not less than one hun- 198 SINKING FUND. [Ch. 124, • • dred nor more than one thousand dollars^ and imprisonment in the penitentiary not less than one nor more than five years. rai^M^U) invest ^EC. 9. Countv, township and city treasurers shall •not be **'^°''^™^* required to invest moneys for sinking funds as prescribed by this act, except said sinking funds to be invested amount re- spectively to one hundred dollars, or some multiple of one hundred dollars, unless bonds can be obtained for less than one hundred dollars. JSS^rtnkiST" ^^^- lO' I^ ^^y county, city or township treasurer shall ftmd bonds by , vxi^'x "^xxi.* twMurere to their loau, hypothecate or convert to his own use, in any manner whatever, any of the bonds held by him for the sinking fund,, he shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by a fine of not less than twice the amount of the bonds so loaned, hypothecated or converted to- his own use, and by imprisonment in the penitentiary not less than two nor more than five years. Sec. 11. The provisions of this act shall not apply to county, township or city bonds for which the sinking fund,, when raised, is required by law to be paid to the state treas- urer. 2Sd°i!S}5inS to Sec. 12. Whenever the amount of sinking fund for invest- 18,000 or over. ^q^^ belonging to any county, city, township or school dis- trict, shall exceed the sum of two thousand dollars, there shall Advertiaed. gj,g|. jj^ ^j^ advertisement, inviting sealed bids fpr such sink- ing fund, or any part thereof, said advertisement to be signed by the clerk of the county, township, city or school district,, as the case may be, and published three times successively thirty days previous to the award of such funds in the official Awarded to party paper of the countv, and such sinking fund shall be awarded offering bonds at *^ *^ •'/ ° lowest price. ^ the Darty or parties offering bonds at the lowest price. Sec. 13. This act shall take effect and be in force from and after its publication in the statute book. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of StcUe^ Ch. 126.] STATE TREASURER. 199 CHAPTER CXXV. ACT CREATING— REPEALED. An Act repealing an act creating a Board of State House Commissioners^ and section 10 of an act, approved March 6, 1873. £e it endcted by the Legislature of the State of Kansas: Section 1. That an act amendatory and supplemental to an act entitled "An act providing for the erection of a state house, making an appropriation therefor, and providing the funds therefor by a sale of public lands,'^ approved February 19, 1867, and also section ten of an act entitled "An act to provide for the appointment of regents and trustees for the control of public institutions of the state, and defining the powers thereof," being chapter one hundred and thirty-five of the Laws of 1873, approved March 6, 1873, be and the same are hereby repealed. Sec. 2. That all books, papers and effects in the possession of the state house commissioners and the architect and super- intendent, belonging to the state, shall be placed in the custody of the secretary of state. Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas Weekly Commonwealth. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly OommonweaMh, March 26, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER CXXVI. state trea8URer-^a certain account balanced. An Act to balance certain accounts of the State Treasurer. Be it enacted by the Legislature of the State of Kansas: That, whereas. There appears in the hands of the state treasurer a note of J. L. Philbrick, for the sum of three 200 STOCK. Ch. 127.] thousand two hundred and seventy dolhirs and seventy-one cents; and whereas^ there also appears in the hands of said treasurer a penitentiary fund account for the sum of three thousand two hundred and seventy-two dollars; and whereas^ the said money is the same mentioned in both cases, and was only borrowed by said J. L. Philbrick, while warden of the penitentiary, &om the building fimd, and applied to the feeding of convicts: therefore, Be it enacted: Section 1. That the treasurer of state is hereby authorized, and it is hereby made his duty, to cancel and deliver to the warden of the penitentiary for record said note, and to cancel and strike from the books of his office said sum so appearing as penitentiary fund. Sec. 2. This act to take effect and be in force from and after its publication in the statute book. - - Approved March 3, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER CXXVII. STOCK— EELATING TO STRAYS. An Act to amend article three of chapter one hundred and five of the General Statutes of 1868, entitled "An act relating to stock/' approved March 2, 1868. Be it enacted by the Legislature of the State of Kansas: S'SS'!?iS!?^; Section 1. That section nine of an act entitled "An act M Mifl y roTCP at tttea^on of relating to stock,'' approved March 2, 1868, is hereby amended so as to read as follows: Sec. 9. If such stray shall not be claimed and proved at the expiration of ten dsiys after it was taken up and advertised, then the taker-up shall go before a justice of the peace of the township and file his affidavit, stating that such stray was taken up on his premises, and that he did not drive or cause it to be driven there; or that it Ch. 127.] STOCK. 201 was taken up on the premises of some other person, naming •him, and that he gave such person ten days' notice, and that he has advertised such stray ten days, and that the marks or brands have not been altered since, to his knowledge, and giving a true and correct description, giving age, sex, color, marks and brands, and cash value of such stray at the time ^ the same was taken up. Sec. 2. That section ten of said act is hereby amended so Appraised one year after taken as to read as follows: Sec. 10, At the end of a year after «p- such stray was taken up, the justice of the peace in the township where such stray was taken up shall issue a sum- mons to three disinterested householders to appear and appraise such stray, which summons shall /forthwith be served by the taker-up of such stray; which service shall be without charge, if not demanded at the time of making the appraisement. Sec. 3. That section eleven of said act shall be amended so substance of ap- praiflonientt as to read as follows: Sec. 11, The householders, or two of them, shall proceed to describe and appraise such stray, stating the age, size, color, sex, marks and brands, and value the same, which description and appraisement they shall re- duce to writing, to which they shall append their afl&davit that the same is a true description and a fair and impartial appraisement, which shall be filed by the justice, and recorded by him in a book kept for that purpose. Said appraisers shall also take into consideration the cost of keeping such stray for the period of one year previous to their appraisement, and also consider any benefit the taker-up may have derived from the use of such stray, and shall report Jiheir allowance for the same on the appraisement list. Sec. 4. Section twelve of said act is hereby amended so as Duty of justioe of the peace. to read as follows: Sec. 12. The justice of the peace shall, within twenty, days from the time such stray was taken up, make out and deliver to the county clerk a certified copy of the description and value of such stray. Sec. 6. That section nineteen of said act is hereby amended StSeSupo?^ 80 as to read as follows: Sec. 19. In all cases where the title '''*^' to any stray shall vest in the taker-up by the lapse of time, the taker-up shall pay into the county treasury, after deduct- ing all costs of taking up, posting and taking care, one-half of the remainder of the appraised value of such stray, to the use of the county school fund; and in default of such 1 202 STOCK. [Ch. 127, payment^ the oounty shall hold a lien on such stray^ to seeme the payment of such moiety to the county. F^of county Sec. 6. That sectiontwcnty-nineof Said actis hereby amended so as to read as follows : Sec. 29. The county clerk shall receive for recording each certificate of strays and forwarding a de- scription of the same, as heretofore provided, thirty-five cents^ whether such certificate contains a greater or less number of strays, and fifty cents additional for each animal described therein, to pay for the publication of the notice, as heretofore provided, gaofjurtioeof g^Q, 7, That scctiou thirty of said act is hereby amended so as to read as follows : Sec, 30. The justice of the peace shall receive the sum of thirty-five cents for making out and recording each certificate of appraisement, including the oath administered to the appraisers, whether such certificate con- tains a greater or less number of animals, and forty cents for each certified copy of all proceedings pertaining to such stray or strays : Provided, That the fees, charged by such justice of the peace in any one case shall not be greater than one dollar and fifty cents. The appraisers shall be allowed for their ser- vices each fifty cents, and in no case shall they receive mileage. Sec. 8. That original sections nine, ten, eleven, twelve, nineteen, twenty-nine and thirty of the act to which this act is amendatory, are hereby repealed. • Sec. 9. This act shall take effect and be in force from and after its publication once in the Kansas Farmer. Approved March 5, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer^ March 18, 1874. W. H. SMALLWOOD, Secretary of State. Ch. 128.] STOCK. ' 205 CHAPTER CXXVIII. STOCK— ANIMALS NOT PERMITTED TO RUN AT LARGE, WHEN. An Act to determine and provide what Animals flhall not be permitted to run at large in the several counties of this State. Be it enacted by the Legislature of the State of Ka/maa: Section 1. Whenever two-thirds of the legal voters of iSi'^J^^^ti- any county shall by petition ask the board of county commis- **®'^°*- sioners of their county to make an order that all neat cattle, horses, mules, asses, swine and sheep, or any one or more of said classes of animals, shall be prohibited from running at large in such county, said board of commissioners shall within ten days from the presentation of such petition make such order, specifying the class or classes of animals as designated in such petition: Provided, That before such petition shall be Nouceofp^^nr presented to the board of county commissioners, notice of the presentation of the same shall be given by publication in some newspaper in the county for at least thirty days previ- ous to the presentation of said petition. Said order shall be signed by said board or by a majority of them, shall be dated, and shall be entered at length on the records of their pro- ceedings, and the county clerk shall thereupon, and without delay, make and certify a copy of such order, and cause the same to be published for three successive weeks in some newspaper of said county, or if no newspaper be published in the county, then by printed notices posted in three of the most conspicuous places in every township in the county; and said order shall go* into eflFect in thirty days from the day order regtraining on which said order is made, and such order shall continue H*""}?!,^^*® in force according to the terms thereof until the same shall ™°- be vacated or modified by the board of commissioners upon the petition of a majority of the legal voters of such county. For the purposes of this act the requisite number of peti- tioners shall be determined by the whole number of votes polled at the general election held in such county next pre- ceding the presentation of such petition. Sec. 2. Any person who shall, in violation of any order Penalty for , , , . allowing animalB made pursuant to the provisions of the foregoing section, ^nS^tJoiSS permit or allow any of the cattle or animals designated in 204 STOCK. [Ch.128. such order, owned by him or under his control, to run at large in such county, shall be deemed guilty of a misdemeanor, and may be prosecuted therefor before any justice of the peace of said county, or before the district court, and upon conviction thereof shall be punished by fine for every animal he shall permit or allow to run at large, in a sum not less than one dollar nor more than ten dollars for each day said animal shall be shown to have so run at large. Such action shall be prosecuted in the name of the state, and upon the complaint of any person having knowledge, or who may be advised of. the violation of said order; and the pendency of any such action shall not prevent nor prejudice the bringing of another action against the same party for a violation of such order, committed after the commencement of such pend- ing action. wJ^tor&S'dim- ^^^* ^' ^^® owucrs of auimals permitted or allowed to ^*®* run at large in violation of any order made in accordance with the provisions of the first section of this act, shall be liable to any person who shall sufier damage fipom the depre- dations or trespasses of such animals, without regard to the condition of his or her fence; and the person so damaged shall have a lien upon said animals for the amount of damage done, and the cost of the proceedings to recover the same. Said damages may be recovered by civil action before any court of competent jurisdiction, and no such civil action shall be defeated or affected by reason of any criminal action com- menced or prosecuted against the same party under the pro- visions of section two of this act. . Sec. 4. This act shall not be held or construed as repealing or as in anywise impairing any of the provisions of chapter one hundred and ninety-three of the Laws of 1872; and this act shall take efiect and be in force from and after its publica- tion in the Kansas Farmer. Approved March 7, 1874.. I hereby certify that the foregoing is a true and correct shall take effect and be in force from and aft^j* its publication in the Kd/mas Weekly CommonweaMh. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the weekly Qymmonwealthy March 26, 1874. W. H. SMALLWOOD, Secretary of State, CHAPTER CXXXVIII. VACATE— ALLEYS IN CITY OF TROY AND TOWN SITE OP ST. FRANCIS. An Act to vacate certain Alleys in the city of Troy and the town site of St. Francis, Brown county, Kansas. Be it enacted by the Legislature of the State of Kansas: Section 1. That the alleys in blocks seven and forty-six, in the city of Troy^ Doniphan county. State of Kansas, be and the same are hereby vacated. Sec. 2. That the town site of St. Francis, in Brown county. State of Kansas, be and the same is hereby declared vacated. Sec. 3. This act shall be in force and take effect from and after its publication in the statute book. Approved March 9, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office. W. H. SMALLWOOD, Secretary of State. 216 VACATE. [Ch. 140. CHAPTER CXXXIX, PUBLIC HIGHWAY ON SECTION LINE IN JEWELL COUNTY. An Act to vacate the Public Highway on a section line in Jewell county. Be U enacted by the Legislature of the State of Kansas: Section 1. That the section-line road on the section line between sections nineteen and thirty, in town four, range seven, west, also sections twenty-four and twenty-five, town four, range eight, west, in Jewell county, Kansas, be and the same is hereby vacated, and to be no longer held as a public road under the law declaring section lines public highways, all laws to the contrary' notwithstanding. Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas Farmer. Approved March 9, 1874. I hereby certify 1;hat the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Kansas Farmer ^ March 18, 1874. W. H. SMALLWOOD, Secretary of State. CHAPTER CXL. PORTION OF ALMA AND TOPEKA STATE ROAD. An Act to vacate a portion of the Alma and Topeka State Road. Be it enacted by the Legislature of the Staie of Kansas: Section 1. That that portion of the Alma and Topeka state road lying wholly within the corporate limits of the city of Alma, be and is hereby vacated. Sec. 2. That this act shall take effect and be in force from and after its publication once in the Wabaunsee County News, Approved March 4, 1874. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill, now on file in my office, and that the same was published in the Wabaunsee County News, March 11, 1874. W. H. SMALLWOOD, Secretary of State. • • AMENDMENT TO THE CONSTITUTIOi;r of the state of KANSAS. Article II — Section 2. The number of Representatives and Sena- tors shall be regulated by law, but shall never exceed one hundred and twenty-five Representatives and forty Senators. From and after the adoption of the amendment the House of Representatives shall admit one member from each county in which at least two hundred and fifty legal votes were cast at the next preceding general election; and each organized county in which less than two hundred legal votes were cast at the next preceding general election shall be attached to and constitute a part of the Representative District of the county lying next adjacent to it on the east. [The foregoing amendment was submitted by the Legislature at the session of 1873, and was adopted by the people at the general election held November 4, 1873.] THE JUDICIARY OF THE STATE OF KANSAS. OFFICERS OF U. S. COURTS FOR THE DISTRICT OF KANSAS. Judges op the Circuit Court Hon. JOHN F. DILLON, Presiding JuDOE-Davenport, Iowa. Hon. CASSIUS G. FOSTER, Associate Atchison, Kas. . Judge of the District Court Hon. CASSIUS G. FOSTER Atchison, Kas. Registers in Bankruptcy Hon. HIRAM GRISWOLD Leavenworth, Kas, Hon. C. O. FRENCH Fort Scott, Kas. Hon. J. JAY BUCK ...Emporia, Kas. U. S. District Attorney Hon. GEORGE R. PECK ...Topeka, Kas. Clerk of Circuit Court A. S. THOMAS Topeka,Kas^ Clerk op District Court JOSEPH C. WILSON Topeka,Kas, U. S. Marshal WM. S. TOUGH Wyandotte, Kas. Circuit Court— First Monday in June, at Leavenworth; and fourth Monday in November, at Topeka. District Court — Second Monday in April, at Topeka; and second Monday in October, at Leaven- worth. JUDGES OF THE SUPREME COURT. Chief Justice Hon. SAMUEL A. KINGMAN Topeka, Kas. AssocL^TE Justices Hon. D.'M. VALENTINE Ottawa, Kas. Hon. D. J. BREWER Leavenworth, Kas. OFFICERS. Gerh — A. Hammatt .Topeka, Kas. Reporter— yf. C. Webb Fort Scott, Kas. IAbrarianf—J>. Dickinson ....Topeka, Kas. Two regular terms, held in the Capitol, at Topeka, commencing on the first Tuesday in January and July, in each year.* * Section 2, chapter 27, General Statutes of 1868. JUDGES OF THE DISTRICT COURTS. First District Hon. H. W. IDE Leavenworth, Kas. Second District Hon. P. L. HUBBARD Atchison, Kas. Third District Hon. JOHN T. MORTON Topeka, Kas. Fourth District Hon. OWEN A. BASSETT Lawrence, Kas. , Fifth District Hon. K B. PEYTON Emporia, Kas. Sixth District Hon. M. V. VOSS Fort Scott, Kas. Seventh District Hon. JOHN R. GOODIN Humboldt, Kas. Eighth District.. Hon. JAMES, H. AUSTIN Junction City, Kas. Ninth District Hon. WILLIAM R. BROWN Hutchinson, Kas. Tenth District Hon. HIRAM STEVENS Paola, Kas. Eleventh District Hon. B. W. PERKINS Oswego, Kas. Twelfth District Hon. ANDREW S. WII^ON Washington, Kas. Thirteenth District Hon. W. P. CAMPBELL ........Wichita, Kas. Fourteenth District Hon. J. H. PRESCOTT Salina,Kas, Fifteenth District .".Hon. JOEL HOLT Beloit, Kas. Jxn>OEtf>F Criminal Court of Leavenworth County— Hon. BYRON SHERRY, Leavenworth. TEEMS OF THE DISTKICT COUETS OP THE STATE OP KANSAS. FIKST DISTKICT— Hon. H. W. IDE, Judge. County. Place. Time. Leavenworth Leavenworth Ist Monday in February, Ist Monday in May, Ist Monday in September, and 2d Monday in Novem- ber. SECOND DJ[STKICT— Hon. P. L. HUBBARD, Judge.' Atchison Atchison 1st Monday in March, 2d Monday in June, and 2d Monday in November. Doniphan Troy 4th Monday in March, 2d Monday in September^ and 2d Monday in December. Brown Hiawatha 2d Monday in April, 2d Monday in August, and 1st Monday in October. Nemaha Seneca 4th Monday in April, and 3d Monday in October. THIRD DISTRICT— Hon. JOHN T. MORTON, Judge. Jackson Holton 3d Monday in' April, and 2d Monday in October. Jefferson Oskaloosa 2d Monday in May, 2d Monday in February, and 2d Monday in November. Pottawfttomie Louisville 4th Monday in February, and 4th Monday in August. Shawnee Topeka.... Ist Monday in June, and 1st Monday in December. Wabaunsee ....Alma 4th Monday in March, and 2d Monday in September. FOURTH DISTRICT— Hon. OWEN A. BASSETT, Judge. Douglas Lawrence 2d Monday in April, and 1st Monday in October. Franklin Ottawa 4th Monday in March, 1st Monday in August, and Ist Monday in November. Anderson Gamett 2d Tuesday in March, and 2d Tuesday in September. FIFTH DISTRICT— Hon. E. B. PEYTON, Judge. Lyon Emporia 1st Tuesday in March, and Ist Tuesday in September. Osage Burlingame 1st Monday in April, and 2d Monday in November. Coffey Burlington 4th Monday in May, 2d Monday in August, and 1st Monday in December. Greenwood Eureka 3d Tuesday in April, and 2d Tuesday in Octobeiv 220 TERMS OP DISTRICT COURTS. SIXTH DISTRICT— Hon. M. V. VOSS, Judok BourboD Fort Scott 3d Monday in March, 2d Monday in June, 2d Mon- day in September, and 2d Monday in December. SEVENTH DISTRICT— Hon. JOHN R. GOODIN, Judge. Allen lola 2d Monday in March, Ist Monday in July, auc 3d Monday in November. Neosho Osage Misaiori let Tuesday in April, 2d Tuesday in July, 2d Tues- day in December. Wilson Fredonia 3d Tuesday in May, 2d Tuesday in September, and 1st Tuesday in February. Woodson Kalida Ist Monday in March, 2d Monday in June, and 2d Monday in October. EIGHTH DISTRICT— Hon. JAMES H. AUSTiK Judge. Riley Manhattan....*. Ist Monday in March, and 2d Monday in September. Davis Junction City 2d Monday in March, 4th Monday in May, and 2d Monday in November. Dickinson Abilene 4th Monday in March, and 4th Monday in Septem- ber. Ottawa Minneapolis 3d Monday in April, and Ist Monday in October. Morris Council Grove Ist Monday in April, and 2d Monday in October. NINTH DISTRICT— Hon. WM. R. BROWN, Judge. Barton Great Bend 1st Tuesday in March, and Ist Tuesday in August. Chase Cottonwood Falls..3d Tuesday in May, and 3d Tuesday in October. Harvey Newton Ist Tuesday in April, and 1st Tuesday in September. Marion Marion Centre 3d Tuesday in April, and 3d Tuesday in September. Beno Hutchinson 3d Tuesday in March, and 3d Tuesday in August. Bice Atlanta 2d Tuesday in March, and 2d Tuesday in August. Pawnee Lamed 2d Tuesday of June and December. Harper Bluff City 2d Tuesday of July and November. * Barbour Medicine Lodge ...3d Tuesday of July and November. Ford Dodge City 3d Tuesday of June and December. Comanche Smallwood 1st Tuesday of July and December. The counties of Ness, Hodgeman and Stafford, and the unorganized territory taken from Pawnee county, are and is hereby attached to the county of Pawnee for judicial purposes. The counties of Kingman, Pratt and Kiowa are hereby attached to the county of Reno for judicial purposes. ^ The county of Clark and territory lying south of the fourth standard parallel and west of the counties of Hodgeman, Ford and Clark, are attached to the county of Ford for judicial purposes. • TENTH DISTRICT— Hon. HIRAM STEVENS, Judge. Johnson Olathe Ist Monday in April, Ist Monday in August, and 1st Monday in November. Miami Paola 1st Monday in February, Ist Monday in June, and Ifet Monday in December. Wyandotte Wyandotte 1st Monday in March, and Ist Monday in September. Linn La Cygne Ist Monday in May, July and October. TERMS OP DISTRICT COURTS. 221 ELEVENTH DISTRICT— Hon. B. W. PERKINS, Judge. Crawford Girard Ist TuesdaQrs in the months of January and April, and 4th Tuesday in September. Cherokee Columbus 4th Mondays in the months of January and April, and 3d Monday in October. Montgoniery Independence 2d Tuesday, in March, 1st Tuesdays of September and December. Labette Oswego 3d Monday in February, 4th Monday in May, a]\d 2d Monday in November. TWELFTH DISTRICT— Hon. ANDREW S. WILSON, Judge. Marshall Marysville 3d Monday in March, 3d Monday in July, and 4th Monday in November.. Washington Washington 1st Monday in April, 1st Monday in August, and 2d Monday in Deceij^ber. Republic BellevillQ. 3d Monday in April, 4th Monday in October. doud Concordia 4th Monday in April, 2d Monday in August, and 2d Monday in November. Clay Clay Center.: Ist Monday in May, and 3d Monday in November. THIRTEENTH DISTRICT— Hon. W. P. CAMPBELL, Judge. Butler Eldorado Ist Monday in February, May and August. Howard Longton 4th Monday in April and October. Cowley Winfield...- 4th Monday in March and September. Sumner Belle Plain 2d Monday in April and October. Sedgwick Wichita 2d Monday in March and September. FOURTEENTH DISTRICT— Hon. J. H. PRESCOTT, Judge. Saline Salina 2d Monday in March, last Monday in May, and 1st Monday in November. McPherson Lindsbourg 1st Monday in March, and 2d.Monday in September. Lincoln Lincoln Center .... 2d Monday in April, and 3d Monday in September. Ellis Hays City 1st Monday in April, and 1st Monday in September. Ellsworth Ellsworth...... 2d Monday in May and 3d Monday in October. Russell Russell 1st Monday in May, and 4th Monday in October. Trego, Rush and Wallace counties attached to Ellis county for judicial purposes. FIFTEENTH DISTRICT— Hon. JOEL HOLT, Judge. Mitchell Beloit 4th Monday in March, 1st Monday in August, and Ist Monday in December. Jewell Jewell City Ist Monday in April, and 3d Monday in September. Osborne Osborne City 2d Monday in April, and 4th Monday in September. Norton Norton Center 3d Monday in May, and 3d Monday in October. Phillips Phillipsburg 2d Monday in May and October. Smith Smith Center ^ 1st Monday in May, and 1st Monday in October. Rooks Stockton..... 4th Monday in May, and 4th Monday in October. The county of Graham is attached to the county of Rooks, and territory west of Gra- ham is attached to Rooks, and the territory west of Norton is attached to Norton, for judicial purposes. GENERAL INDEX. A. PAGE. ACX?OUNT BALANCED— An act providing for the cancelation of certain note, by State Treasurer... 199 ACTS LEGALIZED— The assessment and levy of taxes on the St. Joseph and Topeka Railroad 1 Of Levi Wilhelm and J. A. McKoon, as Notaries Public 1 Of E. Walker, as Notary Public 2 Of City Council of Minneapolis 3 Certain conveyances of Clay Center Town Company 3 Of the City Council of the city of White Cloud in levying taxes 4 Of Township Assessors in Norton County * 5 Of conveyances in Neodesha .'. 5 sOf Edward L. Bartlett, as Notary Public 6 Of the Commissioners of Clay county : 7 Of the Commissioners and County Assessor of Pawnee county 8 The organization of Ford county 8 Of C. W. N. Buggies as Notary Public 9 ADJUTANT GENEBAL'S DEPABTMENT, appropriation for 39 AGBICULTUBE— County and district agricultural societies 9 Belating to agricultural organizations 10 ALLEN COUNTy, an act relating to a certain road in 177 ALMA, vacate road located in city of. 216 AMENDMENT OF CONSTITUTION, appropriation for 14 APPOBTIONMENT— Dividing State into three Bepresentative Districts 11 • APPBOPBIATIONS— For Legislative Department, and printing 12 For settlers on Osage Ceded Lands 13 For constitutional amendment 14 For Home for Friendless Children 15 For Kansas State Board of Agriculture 15 For Asylum for the Blind , 17 For State Penitentiary 18 For State University 19 For Asylum for the Deaf and Dumb 20 For Commissioners, Begents, etc., of public institutions '. 21 For Legislative Department 28 For State Normal School 23 For State printing, deficiency 25 For State Asylum for the Insane 25 For miscellaneous expenses 27 For Leavenworth Normal Schodl 32 For State Agricultural College 33 For conveying ^prisoners to the Penitentiary 35 For Court of Impeachment 36 For State printing 37 For Executive and Judiciary Departments 38 ABMS, providing for the collection and exchange of, 40 ASSESSMENT— Railroads, relating to 147 Relating to the assessment of personal property 210 ATCHISON, an act providing for the establisrhmeut of stock yard in 205 AUDITOR, amend an act providing for 88 224 GENERAL INDEX. B. PAGE. BABTLET, EDWARD L., legalize acts as Notary Public 6 BAEBOUR COUNTY, may fund indebtedness 114 BABTON COUNTY, authorized to fund indebtedness 125 BILLINGS COUNTY, name changed to Norton 88 BLACK, W. C, an act for the relief of. i 156 BLIND ASYLUM, appropriation for 17 BOABD OF STATE HOUSE C0MMIS8I0NEBS, an act creating repealed, etc 199 BONDS, an act providing for the issuing and registration of, general law 41 Repeal an act authorising the issuing of. /. 49. School districts may issue additional bonds 50 Cherokee township, Montgomery county, may issue 51 Spencer township issue bonds for surrey of lands 53 City of Ottawa may issue 158 School District No. 2, Rice county, authorized to issue additional bonds 185 BOUNDARIES of Edwards and other counties '. 91 ' Of Crawford county 104 Of 46th, 46th, 59th and 60th Representatiye Districts 161 BRIDGE OR MILL DAM, an act prescribing penalty for injuring or destroying 104 c. CENTENNIAL MANAGERS, appointment of. 54 CHEROKEE COUNTY, providing for the transferring of certain moneys 55 An act to establish a State road in .- '. : 180 CHEROKEE TOWNSHIP— Issue bonds to pay Indebtedness 51 CITIES, an act in reference to cities of the first class .' 56 Amend an act to incorporate cities of the first class 78 Act amended incorporating cities of the second class. , 80 An act relating to investment of sinking fund 196 CIVIL RIGHTS, an act relating to 82 CLAY CENTRE, certain conveyances in, legalized 8 CLAY COUNTY, legalize acts of commissioners of. '. 7 May fund indebtedness 110 Refund certain moneys to <... 151 COFFEY COUNTY, asylum for the poor : 83 An act for the relief of. 153' An act to establish a State road in 180 COMPUI^ORY EDUCATION, an act relating to 194 CONGRESSIONAL DISTRICTS, relating to 11 CONSTITUTIONAL AMENDMENT, appropriation for 14 CONVEYING PRISONERS TO PENITENTIARY, appropriation for...: 35 CONVICT LABOR, regulate the letting of. 84 COURT OF IMPEACHMENT, appropriation for 36 CORPORATIONS— Relating to liabiUty of railrdad .*. 143 Railroad, preferred stock..... 146 Railroad property, how listed and valued 147 CORPORATIONS, PRIVATE, relating to 85 Act supplemental to 86 COUNTIES AND COUNTY OFFICERS— Cherokee, transfer certain moneys 55 Coflfey, asylum for the poor. ,...„ 83 Billings, name changed to Norton 88 Providing for funding indebtedness in certain counties , 90 Act repealed conferring certain powers on County Commissioners, etc 91 Providing for the immediate taking effect of certain law 87 Amend an act providing for County Auditors in certain counties 88 Edwards county, boundaries defined 91 GENEBAL IKDEX. 225 COTNTIB8 AND COUNTY OFFICERS— Omdttded. paok. Kiowa county, boundaries defined ^ 92 Stafford county, boundaries difined 92 Pawnee county, boundaries defined 92 Crawford, boundary of. 104 An act authorizing certain counties to fund their indebtedness 110 Leavenworth, relating to taxation 180 Leavenworth, appropriate certain moneys 190 Morris, authorized to loan certain money to discharge an indebtedness 186 An act relating to commissioner of the poor in certain counties 139 Phillips, an act providing for an enumeration of children of school age 141 Behind money to certain counties 151 Coffey, an act for the relief of. 163 Bepublic county — Supplemental report of superintendent. 162 Allen county— Belating to certain road 177 Books, Phillips, etc., section lines public highways 178 Mitchell, Osbom, and other counties, an act relating to State roads in 180 Osbom and Phillips counties, an act to establish a State road through 183 Books— Relating to an enumeration of children of school age 186 An act relating to investment of sinking fund 196 COURTS— Begulating terms of court in Fifteenth Judicial District 98 B^^ating terms of court in Fourteenth Judicial District 94 Additional term in McPherson county 96 Relating to the Fifth and Fifteenth Judicial Districts 96 Tenns of court in the Meventh Judicial District 98 Relating to the Tenth Judicial District 99 Ninth Judicial District, counties attached 100 Ninth Judicial District, boundaries defined 101 Terms of court changed in Seventh Judicial District 102 Fourth Judicial District, terms of court in Douglas county.. 108 CBAWFOBD COUNTY, relating to boundary of. 104 Vacating section-line road in 214 CBIMESAND PUNISHMENTS— Penalty forinjuringordestroying bridge, dam orembankment, etc., 104 An act prescribing penalty for fraudulently disposing of or concealing mortgi^^ per^ sonal property lOS Penalty for adulteration of milk and cheese 182 An act prescribing punishment for publishing obscene books and advertisements 188 D. DEAF AND DUMB ASYLUM, appropriation for 20 An act relating to « '. 106 DEPOSrrOBY, an act providing for 108 « DICKINSON COUNTY— To fund indebtedness, an act authorizing. 110 Befund moneys to 157 DISABILITIES, an act removing from certain persons.! 107 DOUGLAS COUNTY, an act to establish a State road in 18© E. EDUCATION— Belating to the education of healthy children 194 EDWABDS COUNTY, boundaries defined 91 ELLIS COUNTY, an act to establish a State road in 180 BeAind moneys to 151 ELLSWOBTH COUNTY, moneys to be reminded to 151 ENUMEBATION— Children of school age in Phillips county 141 Children of school age in Bepublic county 162 Children of school age in Books county 186 EXECUTIVE AND JUDICIARY DEPABTMENTS, appropriation for 38 15 226 OENEBAL INDEX. F. PAOB. FISCAL AGENCY, an act providing for 108 FLETCHER, F. M., an act for the relief of. ; 155 FORD COUNTY, organization of, legalised 8 Fund indebtedness of. 110 FOREST TREES, act repealed relating to 110 FRANKLIN COUNTY, an act locating a State road in 180 FUND INDEBTEDNESS^ counties of over thirty thousand inhabitants may. 90 An act authorizing certain counties to. m. » 110 G. GUARDIAN AND WARDS— Relating to the sale of property belonging to minors 127 H. HALT<, an act providing for the building of; in Washington towashlp » 211 HARPER COItNTY, may fUnd indebtedness ^ 122 HEALTHY CHILDREN, education of, required 194 HERD LAW, an act relating to 208 HOWARD COUNTY, fund indebtedness 118 I. IMPEACHMENT, appropriation for „„ 88 INDIAN LANBS, an act relating to the bona ilde purchasers of « 128 INSANE ASYLUM, appropriation for..... i 26 INTERNATIONAL EXHIBITION, an act providing for State Managers of 64 INYESTMSNT OF SINKING FUNDS, an act relating to » 196 J. JEFF£3tS0N COUNTY— State Treasurer to refiind certain monejrs to 151 JEWELLCOUNTY— An act authorizing to fund indebtedness 128 Vacate public highway on section line.... 216 JOHNSON COUNTY, an act to establish a State road in 180 JUDICIAL DISTRICTS— Terms of court In Fifteenth 98 Relating to terms of court in Fourteenth „ 94 Fourteenthj additional term of court in McPherson county 96 Thirteenth and Fifth, terms of court 96 Court in the Eleventh »».....„. ..„ » 98 Tenth, an act relating to , 99 Ninth, counties attached, etc 100 Ninth, boundaries defined. 101 Seyenth, terms of court changed 102 Fourth, terms of court in Douglas county 108 JURY TRIAL, an act in relation to 140 JUSTICES OF THE PEACE, an act relating to 212 K. KIDDOO AND SONS, authorizing to build a dam across Smoky Hill rirer 186 KIOWA COUNTY, boundaries defined 92 LANDS, INDIAN, an act relating to ', 128 LABETTE COUNTY, vacate section-line road in ....„ 214 GENERAL INDEX. 227 PAQE. IvEAVENWOETH PROTESTANT ORPHAN ASYLUM AND HOME FOR FRIENDLESS CHIL- DREN, appropriation for .:. 15 LEAVENWORTH COUNTY, relating to taxation in 180 Appropriate certain moneys 131 LBCOMPTON, relating to. Territorial road from 184 LEGISLATIVE DEPARTMENT, appropriation for 12, 23 LINCOLN COUNTY, fund indebtedness of.....! 112 Refund money to 161 LYON COUNTY — Fremont township appropriate certain money to build a bridge 181 M. McKOON, J. A., acts as Notary Public legalised 1 MILITARY FUND, an act relating to 188 MILITIA, an act relating to 184 MILK AND CHEESE, an act to prevent the adulteration of. 182 MILL DAMS, an act prescribing penalty for injuring or destroying 104 An act authorizing the building of one across the Smoky HiU river 186 MINNEAPOLIS, legaUze official acts of aty Council of 8 MINORS, an act relating to the sale of property bdoi^^g to. 127 An act conferring rights of majority 186 MISCELLANEOUS EXPENSES, appropriation for .• 27 MITCHELL COUNTY, an act to estabUsh a State road in >. 180 MORRIS COUNTY, an act authorizing the loaning of certain money to discharge an indebtedness.. 186 Refund money to ~ 151 MORTGAGED PERSONAL PROPERTY, an act prescribing penalty for fraudulently disposing of Orcencealin- 106 MORTGAGES, an act to exempt from taxation repealed , 206 • N. NEODESHA, legalize conyeyanoes in 6 NEW12)N, an act to vacate certain blocks and streets in, etc 214 NORMAL SCHOOL, appropriation for. 28 Leavenworth, appropriation for 32 NOTARIES PUBLIC— Legalized official acts of Levi Wilhelm. 1 Of J. A. McKoon 1 Of K Walker .'. 2 Of Edward L. Bartlett : 6 Of C. W. N. Ruggles 9 NORTON COUNTY— Legalize acts of Assessors of. 6 Act changing name of Billings to Norton ^ 1 : 88 Section-lines highways in 178 o. OBSCENE BOOKS AND ADVERTISEMENTS, an act to prevent the publication of. 138 ORDNANCE AND ORDNANCE STORES, an act relating to 40 OSAGE CEDED LANDS, appropriation for settlers on 18 OSBORNE COUNTY, an act to eeteblish a State road in 180, 183 OTTAWA COUNTY, refund moneys to 161 City, relief of Board of Education of. 168 p. PARSONS, an act for the relief of schools in 168 PATTON, W. S., acts legalized as County Assessor 8 PAWN]EE COUNTY, legalize acts of Comminlpners and County -Asseswr 'Mfn-MMM , 8 228 GENERAL INDEX. PAWNEE C50UNTY— Cbfidttttod. pask. Boundaries defined .f. 92 Authorized to fund indebtedness 118 . Section lines public highways „ 178 Relating to unorganized territory lying south 213 PENITENTIARY, appropriation for 18 Appropriation for conveying prisoners to « 35 Regulate the letting of prison labor 84 PERSONAL PROPERTY, penalty for disposing of, when mortgaged 105 PHILLIPS COUNTY enumeration of children of school age 141 Section lines highways in 178 Establish road in 183 PHILBRICK, J. L., an act providing for cancelation of [his] certain note, etc 199 POOR, provide an asylum for in Coffey county : 83 An act providing for commissioner of. 13d POLITICAL DISABILITIES, removed from certain persons lOT PREFERRED STOCK, authorizing the issuing of, by railroad companies.... 145 PRINTING, STATE, appropriation for 12 PRINTING, DEFICIENCY, appropriation for : 25 PRINTING, STATE, appropriation for 37 PROCEDURE, CIVIL, an act relating to jury trial 140 PUBLIC INSTITUTIONS, appropriation for, paying Regents, etc., of. 21 PUBLIC INSTITUTIONS, relating to Regents and Trustees of, section repealed 199 PURCHASERS OF INDIAN LAND, an act relating to 128 R. RAILROADS AND RAILROAD COMPANIES— St. Joseph and Topeka, assessment of, Jegalized. 1 An act defining liability of, in certain cases .*. 143 An act relating to killing or wounding of stock by 143 Authorizing the issue of preferred stock 145 An act providing for the listing and valuing, etc 147 REFUND MONEYS— An act requiring State Treasurer to refund moneys to certain counties •... 151 REGISTRATION— An act regulating the issue of bonds by counties, townships and cities, and pro- viding for the registration thereof. 41 RELIEF— Schools in city of Parsons 153 Of Coffey county 153 Of persObs that have forfeited their rights to school lands a 155 An act for the relief of F.M. Fletcher 156 Of W. C. Black....... .'. 156; Of Board of Education of city of Ottawa 158 RENO COUNTY, an act relating to funding indebtedness of. 110 REPORTS OF SUPREME COURT, an act providing for the speedy publication of. 159 REPRESENTATIVE DISTRICTS, an act relating to 45th, 46th, 59th and 60th 161 REPUBLIC COUNTY, supplemental report of superintendent 162 REVENUE— An act to provide, for 1874 and 1875 163 RICE COUNTY— School District No. 2 may issue additional bonds 185 RIGHTS OF MAJORITY, an act conferring 135 ROADS AND HIGHWAYS, an act in relation to 164, 176 Relating to road in Allen county '. 177 Section lines highways in Rooks and other counties 178 Providing for opening private roads or highways 179 Relating to State roads in Mitchell and other counties 180 State road through the counties of Osborne and Phillips 183 Territorial road, Sac and Fox Agency 184 Vacate a section-line road in Labette and Crawford counties 214 Vacate public highway on section line in Jewell county 216 Vacate portion of the Alma and Topeka State road.. ^ 216 GENEBAL INDEX. 229 PAOK BOOKS COUNTY— Section lines public highways 178 An act to establish a State road in 180 An act relating to an enumeration of children of school age 186 RUGGLES, C. W. N.— Acts legalized as notary pubUc 9 BUSSELL COUNTY, State Treasurer to refund certain moneys to ; 151 An act to establish a State road in 180 s. SAC AND FOX AGENCY, location of Territorial road changed 184 SALARIES, in counties of over thirty thousand inhabitants 87 Reporter of Supreme Court 159 SALINE COUNTY, authorized to fund indebtedness 117 Refund money to 151 SCHOOLS — An act relating to school district meetings, ofBoers, etc 187 Act repealed, relating to 189 Relating to qualifications of electors of. , 190 SCHOOL CHILDREN, education of, required 194 SCHOOL LANDS, an act for the relief of purchasers 154 SCHOOL HOUSES, an act relating to 191 Treasurers, districts, etc., relating to 192 SCHOOLS, relief of, in Parsons 158 SCHOOL DISTRICTS, an act authorizing to issue additional bonds 50 No. 2, Rice county, authorized to issue additional bonds 185 SECTIONS REPEALED — 1873, chapter 9, section 3, an act relating to agricultural societies, etc 9 1868, chapter 46, section 11, relating to guardians and wards 127 1868, chapter 92, section 7, relating to schools 189 SEMI-ANNUAL COLLECTION OF TAXES, an act providing for 206 SETTLERS OF SCHOOL LANDS, an act for the reUef of. 154 SINKING FUND, COUNTY, TOWNSHIP AND CITY— Relating to investment of. 196 SMITH COUNTY, relating to State road in 180 SPENCER TOWNSHIP, issue bond&for survey of lands, etc 58 STAFFORD COUNTY, boundaries defined 92 ST. FRANCIS, an act to vacate town site of ; 215 STATE BOARD OF AGRICULTURE, appropriation for 15 STATE BLIND ASYLUM, appropriation for 17 STATE PENITENTIARY, appr<»priation for 18 STATE UNIVERSITY, appropriation for 19 STATE ASYLUM FOR THE IJeAF AND DUMB, appropriation for , 20 STATE NORMAL SCHOOL, appropriation for 28 STATE PRINTING, deficiency, appropriation for 25 STATE ASYLUM FOR THE INSANE, appropriation for... 25 STATE NORMAL SCHOOL, Leavenworth, appropriation for 32 STATE AGRICULTURAL COLLEGE, appropriation for 33 STATE PRINTING, appropriation for « 37 STATE ASYLUM FOR THE DEAF AND DUMB, an act relating to 106 STATUTES AMENDED.— 1872, chapter 68, ggl, 4, 6, 9, 11, 12, 14, 16, 17, 18, 19, 20 and 21, an act relating to bonds, etc., and the registration thereof. 41 1868, 1870, chapters 18, 47, ^ 18, 8, relating to cities of the first class 78 1872, chapter 100, gg 130, 131, cities of the second class 80 1868, chapter 23, §122, relating to private corporations 85 1872, chapter 183, relating to salaries of county officers 87 1872, chapter 67, relating to County Auditors 88 1868, 1873, chapters 24, 72, ^37, 73, 29, 27, relating to boundaries of counties 91 1873, chapter 77, gl, relating to Fourteenth Judicial District 94 230 G£l!7ERAL INDEX. STATUTES AMENDED— CbfMtfiMied. PAex. 1873, chapter 79, 2 7, Ninth Judicial District 101 1868, chapter 24, |18, boundary of Crawford county 104 1868, chapter 31, §109, an act relating to malicious iqjnry to dams, etc 104 1871, chapter 34, jl, relating to Deaf and Dumb Asylum 106 1872, chapter 139, |1, relating to taxation in Leavenworth county 180 1868, chapter 64, §2, relating to State militia IM 1872, chapter 161, ^4, 9, relating to poor in certain oountim 189 1870, chapter 87, 2 7, procedure, civil, jury trial 140 1868, chapter 92, §{23, 6, 84, relating to schools, etc 187 1868, chapter 92, |20, an act relating to schools, qualifications of electors 190 1868, 1869, 1872, chapters 92, 86, 185, 2241, 48, 23, 2, an act relating to school houses, treas- urers, districts, etc .' ^ 192 1868, 1873, chapter 136, 22 1> 10, an act repealed, creating Board of State House CkMnmis- sioners, etc 190 1868, chapter 105, article 8, relating to strays 200 1868, 1869, chapters 107, 122, 2279, 80, 81, 128, 129, 99, 1, relating to taxes, semi-annual col- • lection of. ....!. 131 1868, chapter 107, 28, relating to the assessment and listing of personal property 210 1872, chapter 207, 22, relating to town hall in Washington township 211 1868, chapter 110, 24, relating to townships and township offlcen „ 212 STATUTES REPEALED.— 1869, chapter 29, concerning private corporations 48 1873, chapter 83, an act relating to the issuing of bonds by counties of over thirty thou- sand inhabitants 49 1872, chapter 109, relating to county commissioners ,.. 91 1872, chapter 204, relating to forest trees 110 1873, chapter 128, relating to school houses 191 1873, chapter 140, exempting mortgages from taxation 206 STATE HOUSE COMMISSIONERS, an act creating, repealed, etc 199 STATE TREASURER, an act providing for balancing certain account 199 STOCK, an act relating to the killing or wounding of, by railroads. 143 An act relating to strays. 200 An act relating to the running at large of. .*. 206 STOCK YARD, an act providing for the establishment of, in Atchison 206 STRAYS, an act relating to # 200 SUPREME COURT REPORTS, an act providing for the speedy publication o£ 169 T. TAXES, an act relating to, in Leavenworth county 130 An act providing for the listing and valuing of railroads .'. 147 An act exempting mortgages from taxation repealed..... .*. 206 An act providing for the semi-annual collection of.. 206 An act relating to the assessment of personal property, etc ft 210 TOPEKA— Portion of Alma and Topeka State road vacated 216 TOWN HALL^an act providing for, in Washington township „ 211 TOWNS AND TOWNSHIPS— Fremont township appropriates certain money to build a bridge 181 An act relating to investment of township sinking fund...., 196 TOWNSHIP AND TOWNSHIP OFFICERS, an act relating to .- « 212 TREES, an act repealed relating to.. 110 TRIAL BY JURY, an act relating to „ 140 TROY, an act to vacate certain alleys in ^ 216 u. UNORGANIZED TERRITORY, an act in relation to the rights of perBons redding in 218 V. VACATE— Blocks, streets, etc., city of Newton 214 Section line in Labette and Crawford counties 214 Alleys in city of Troy and town site of St. Francis '. 216 .Public highway on section line in Jewell county '. 216 Portion of Alma and TopeH^ Sts^te road , ,.,,„,.„..,.,„ „ ,«„ 216 OENBBAL INDEX. 231 w. PAGE. WALKER, E., acts legalized 2 WASHINGTON TOWNSHIP, an act providing for town hall in 211 WHITE CLOUD— Legalize official acts of City Council of 4 WILHELM, LEVI, acts legalized 1 WTLSOJH COUNTY, an act to establish a State road in 180 WOODSON COUNTY, an act to estoblish a State roa4 in 180 .1 3 bios Oba HSa 53S i '■ .-r M •*• r ;V/ ' 4