entitled to pre-empt, under the provisions of this act, shall be two, not exceeding in area four thousand two hundred square feet each, and such additional lot or lots upon which said claimant may have substantial improvements of the value of not less than two hundred and fifty dollars. When any claimant shall make application to enter more than two lots, he shall prove, in addition to other matters of proof required by this act, to the satisfaction of said incorporate authorities or probate judge, as the case may be, by the affidavit of one or more reliable witnesses, the nature, character, and actual cash value of the improvements upon such additional lot so sought to be entered by him.

Sec. 9. The said probate judge or corporate authorities, as the case may be, shall proceed to award the lot or lots claimed as provided for in this act, and for that purpose shall, as soon as practicable, and as near as practicable in the order of time of the filing of statements of claims, examine each and every claim as herein provided, and hear such proof as the claimant or claimants may submit to establish his or their claims thereto; and, if the same shall be found to comply with the provisions of this act, and no conflicting claim shall have been filed, the said probate judge or corporate authorities, as the case may be, shall, upon payment of the fees hereinafter prescribed, proceed forthwith to make to such claimant or claimants a good and sufficient deed for such lot or lots.

Sec. 10. The fees of the probate judge or corporate authorities shall be, in case such claim or claims is not contested, four dollars for hearing the proof and making the deed; and in contested cases, in addition to the four dollars, the same fees as allowed by law in civil cases in justices' courts.

Sec. 11. In all cases where there is a dispute or contest in regard to the right to the deed to any lot or lots, the probate judge or corporate authorities, as the case may be, shall hear the testimony relating thereto at such time as they may fix therefor; and after two days notice of such time and the place of hearing given to each and every contestant, they shall proceed to hear and decide such claims, in accordance with the principles of right and justice, and the provisions of this act; and, in case there shall be no appeal taken from such decision, as hereinafter provided, then after ten days from the rendering of such decision, the said probate judge or corporate authorities, as the case may be, shall proceed to make a deed, as provided in section nine of this act, to the person or persons to whom the lot or lots may have been awarded: Provided, The corporate authorities or judge, as the case may be, may adjourn from time to time, as they may deem just, for the fair adjudication of said claim or claims."

Sec. 12. In case any claimant or claimants of any lot or lots which may have been awarded as provided in the last section shall feel aggrieved by such decision, such claimant or claimants, make,

may take an appeal to the district court of the county in which the same is located. Such appeal shall be made by filing with the judge or corporate authorities, as the case may be, a notice in writing of such appeal, and also a copy of such notice with the clerk of the district court; and a complaint in the nature of an action for the recovery of the possession, or if the party be in possession, to establish his right to the same; and a copy of such notice and complaint shall be served upon each and all of the parties contesting; and, in all respects, the pleadings and proceedings thereafter shall be governed by the same rules applicable to actions originally commenced in the district court.

Sec. 13. When notice of appeal to the district court shall have been filed with the probate judge or corporate authorities, as the case may be, the power to make a deed as provided in section nine of this act, shall be suspended until the appeal be dismissed or finally determined; and, upon such dismissal or final determination, such judge or corporate authorities aforesaid shall make a deed to the party found by such determination to be entitled thereto. Sec. 14. Each claimant shall deposit with the probate judge or corporate authorities, as the case may be, at the time of filing his statement, as aforesaid, the sum of ten dollars for each lot claimed, as the purchase-money thereof, which shall be immediately deposited with the county treasurer, if the probate judge be the trustee, and with city treasurer if the corporate authorities be the trustee.

Sec. 15. For the purpose of raising funds to defray the expenses incurred in entering, surveying, and platting said town site, the probate judge or corporate authorities, as the case may be, are hereby authorized and empowered to borrow money at the customary rate of interest, and draw his or its draft upon the county or city treasurer, as the case may be, for such amount, which shall be paid out of the money received as the purchase price of lots, as hereinbefore provided, which said funds are hereby pledged and set apart to be applied for this purpose.

Sec. 16. The residue of lots in the possession of the corporate authorities or probate judge, as the case may be, and unclaimed after the expiration of sixty (60) days, it shall be the duty of the probate judge or corporate authorities, as the case may be, to post up notices, or cause the same to be done, in at least four public places in the county in which such town site is located, at least ten days before sale, that he will offer and sell at public sale all of, or so many as he may think proper, of the lots that may remain unclaimed at the time advertised; and that all lots, having been thus advertised and offered for sale, not bringing at least the minimum price as set forth in an act of which this is amendatory, shall be subject, at any time thereafter, to private entry at the minimum price.

Sec. 17. That whenever the term of office of any officer authorized by this act to make entry of a town site shall expire, or he shall resign or be removed from office, he shall turn over all books and papers relative to such entry to his successor in office, and thereafter the said trust shall be discharged in every particular by such successor.

Sec. 18. It shall be the duty of the corporate authorities or county judge, as the case may be, when any town site has been located and surveyed under the provisions of this act, upon the petition of ten resident householders of said town site, to locate and set apart, by and with the advice and approval of the board of school directors of the district in which said town site may be located, a site for a district school, not more than one acre, and the said county judge or corporate authorities shall convey by deed to said board of directors the lots included in said location, and said board shall manage the same as other school property of the district is managed. And upon the petition of twenty resident householders, as aforesaid, the probate judge or corporate authorities, with the advice and approval of the county superintendent of the county in which said town site is located, shall set apart a site for a college or university, not to exceed twenty acres, and the said location shall be held in trust by the county judge or corporate authorities for said college or university: Provided, Said locations shall not include any lot held by a bona fide claimant, nor interfere with vested rights.

Sec. 19. That if any portion of said city or town shall fall upon surveyed public lands, which have hitherto been occupied and improved by any person or persons holding and occupying the same in good faith, prior to the passage of said act entitled "An act relative to the pre-emption of town sites upon public. lands, and the disposal of trusts created thereby," it shall be the duty of the corporate authorities or probate judge, as the case may be, if the petition aforesaid shall have been presented to him in pursuance of the provisions of said act, to enter said land in conformity to the legal subdivisions thereof, as authorized by act of congress of the second of March, 1867, and an act to amend the same, approved June 8, 1868, and, upon the payment to him of the price paid in entering the same, and such other costs and expenses as are necessarily incurred by virtue of the provisions of this act, to make and deliver to the said occupant or occupants, as the case may be, a good and sufficient deed for the ground occupied by them.

Sec. 20. That section six of this chapter be so construed as to embrace and apply to only such portion of any legal subdivision as shall be outside of the limits of ground actually occupied by the inhabitants of such town.

CHAPTER LVIII.

WEIGHTS AND MEASURES.

Sec. 1. Lawful standard of weights and measures.
Sec. 2. Definition of weight of "ton."

Sec. 3. Weights of a bushel.

Sec. 4. Duties of county commissioners and treasurer.
Sec. 5. Weights and measures to be compared with standards.
Sec. 6. Appointment of inspector; bond.

Sec. 7. Fees of inspector-how regulated.

Sec. 8. Inspector to provide tools, marks, &c.

Sec. 9. Penalty for using other than standard weights and

measures.

Sec. 10. Violation of this act-duty of inspector.

Sec. 11. Appropriation of fines.

Section 1. That the weights and measures accepted and used by the government of the United States at the present time, except as hereinafter provided, shall be deemed the lawful standard weights and measures of the people of this territory.

Sec. 2. The "ton" shall be twenty hundred pounds weight avoirdupois, except in the article of mineral coal, when it shall be deemed to express the conventional quantity of twenty-eight bushels.

Sec. 3. Sixty pounds of wheat, fifty-six pounds of rye, fifty-six pounds of Indian corn, forty-eight pounds of barley, thirty-five pounds of oats, sixty pounds of potatoes, sixty pounds of beans, sixty pounds of clover seed, forty-five pounds of timothy seed, forty-four pounds of hemp seed, fifty-two pounds of buckwheat, fourteen pounds of bluegrass seed, fifty pounds of corn meal, fiftyseven pounds of onions, and fifty pounds of turnips, carrots, beets, and parsnips each, salt, fifty pounds, respectively, shall be the standard weight of a bushel of each of such articles.

Sec. 4. It shall be the duty of the board of county commissioners of the several counties of this territory to provide and adopt a temporary standard of weights and measures, until such time as they shall be notified of the arrival and acceptance of the standard to be furnished by the government of the United States to the treasurer, as provided in said section.

Sec. 5. That all venders and traders in goods and merchandise, gold dust, and other articles of traffic, shall, within sixty days after the reception of the standard by said county commissioners, have their balances, weights, and measures compared with said standards of their respective counties, and approved and marked

by the county inspector, and if the same are found to be correct, to be sealed with the name or initial letters of the county inscribed thereon, or condemed by him if found incorrect.

Sec. 6. That on the first regular meeting of the board of county commissioners in each county in this territory after the passage of this act, and thereafter annually on the first regular monthly meeting of every year, said county commissioners shall appoint a fit and proper person, who shall be styled "inspector of weights and measures," and give bond to the county for the faithful performance of the duties of his office, as said county commissioners may direct.

Sec. 7. That every board of county commissioners shall make out a list of fees to be charged by said inspector. Such fees shall be recoverable as other debts of like amount.

Sec. 8. That it shall be the duty of such inspector to provide, at his own expense, all the necessary tools, marks, and brands which he may require, and by reason thereof he shall receive no larger fee than he may be allowed in accordance with the preceding. Said fees shall be paid by the parties having weights and measures sealed and approved.

Sec. 9. All persons who shall, after the expiration of the time before mentioned, in any county where such inspector shall have been appointed, use within this territory, for the purpose of weighing or measuring any goods, wares, merchandise, gold dust, or other article of traffic actually sold by him, any weights or measures which shall not be approved and sealed by the inspector, shall be guilty of a misdemeanor, and, upon conviction thereof, may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars, in the discretion of the court in which the conviction shall be obtained.

Sec. 10. Whenever it shall come to the knowledge of the inspector that any person or persons within his county have violated any of the provisions of this act, it shall be his duty to enter a complaint against him or them before some court of competent jurisdiction, to the end that the offender may be punished and fined according to law.

Sec. 11. All fines imposed and collected for violation of the provisions of this act shall be paid into the county treasury for the use of the people of the county in which the offence has been committed.

70