To whom make resignation,

When vacancios happen.

of any judge of probate, register of deeds, county clerk or county
treasurer, and transcripts from the books of records or proceed-
ings, kept by any of said officers, with the seal of his office af-
fixed, shall be evidence in all cases, equally and in like manner,
as the original.

Resignations.
Sec. 122. All county officers, who hold their ollice by clection,
shall make their resignation to the oíficer or officers authorized
by law to fill such vacancies in such offices, respectively.

Sec. 123. Every county office shall become vacant on the hap-
pening of either of the following events, before the expiration of
the term of such office: First, The death of the incumbent :
Second, Ilis resignation: Third, Ilis removal: Fourth, His
ceasing to be an inhabitant of the county for which he was
elected or appointed: Fifth, His conviction of any infamous
crime, or any offense involving a violation of his oflicial oath :
Sixth, His refusal or neglect to take his oath of office, or to give
or renew his official lond, or to deposit such oath and bond with-
in the time prescribed by law: Seventh, The decision of a com-

petent tribunal declaring void his election or appointment: When diovernor Eighth, The governor shall also declare vacant the office of every

officer required by law to execute an official bond, whenever a
judgment shall be obtained against such officer for a breach of

the condition of such bond.
Repeal provision Seo. 124. All laws and parts of laws on this subject are
ent county offi- hereby repealed, and all officers elected under the provisions of

the act of 12th February, A. D. 1858, upon the same subject,
shall hold their respective offices until their successors, who shall
be chosen at the general election in the year A. D. 1859, have
qualified according to law.

Sec, 1:25. This act to take efect and be in force from and after
the first day of June next.

A. LARZALERE,
Speaker of House of Representatives,

C. W. BABCOCK,

President of the Council.
Approved February 8, 1359.
S. MEDARY,

Governor.

offico

respecting pres

CHAPTER XLIII.

AN ACT defining the boundary line between the Counties of Madison and

Breckenridge, in Kansas Territory.

established on

Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas :

SECTION 1. That the boundary line between the counties of Boundary line
Madison and Breckenridge, in the Territory of Kansas, be and township line.
is hereby established on the township line between towuslips nine-
tecn and twenty.

Sec. 2. This act to take effect and be in force from and after
its passage.

A. LARZALERE,
Speaker of the House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 7, 1859.
S. MEDARY,

Governor.

360

CHAPTER XLIV.

AN ACT establishing and organizing the Counties of Montana, El Paso,

Oro, Broderick and Fremont, and to define the boundaries thereof.

Montaux county.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That all that territory comprised within the fol. Roundaries of lowing limits, to wit: Commencing at a point on the fortieth parallel of latitude, twenty east of the one hundred and fifth longitude, and running from thence west to the western boundary of the Territory of Kansas, thence following the boundary of the Territory of Kansas, on the summit of the Rocky mountains, to a point twenty miles north of the thirty-ninth parallel of latitude, thence due cast to a point twenty east of the one hundred and fifth longitude, thence due north to the place of beginning, shall constitute the county of Montana.

Sec. 2. That all that territory comprised within the following Boundaries of limits, to wit: Commencing at the north-east corner of Montana county, thence running due east to the one hundred and fourth longitude, thence due south to a point twenty miles south of the

Oro county

Bonndaries of Broderick county

Boundaries of
Fremont county.

thirty-ninth parallel of latitude, thence due west to a point
twenty miles east of the one hundred and fifth longitude, thence
due north to the place of beginning, shall constitute the county
of Oro.

Sec. 3. That all territory comprised within the following lim-
its, to wit: Commencing at the point where the one hundred and
fourth longitude crosses the thirty-eighth parallel of latitude, and
running from thence due west to a point twenty miles west of the
one hundred and fifth longitude, thence due north to a point
twenty south of the thirty-ninth parallel of latitude, thence due
east to the one hundred and fourth longitude, thence due south
to the place of beginning, shall constitute the county of Brod-
erick.

SEC. 4. That all that territory comprised within the following limits, to wit: Commencing at the south-west corner of Broderick county and running thience due west to the western boundary

of the Territory of Kansas, thence north-easterly to the summit of the Rocky mountains, to the south-west corner of Montana county, thence due east to a point twenty miles west of the one hundred and fifth longitude, thence due south to the place of beginning, shall constitute the county of Fremont.

SEC. 5. That all that territory comprised within the following limits, to wit: Commencing at the north-east corner of Fremont county and running thence due east to the south-east corner of Montana county, thence due south to a point twenty miles south of the thirty-ninth parallel of latitude, thence duo west to a point twenty miles west of the one hundred and fifth longitude, tience due north to the place of beginning, shall constitute the county of El Paso.

Sec. 6. That Wm. II. Green, G. W. Allison and William 0. Donnall be and are hereby constituted a board of commissioners to select and locate the temporaty seat of justice for the county of El Paso, whose duty it shall be, in making said location, to fix the same as near the geographical center of said county as they conveniently can, having due regard to the convenience and interests of the present and probable future population of said county.

Sec. 7. That J. II. Turney, Wm. H. Prentice and A. D. Richecat of Montana. ardson be and are hereby constituted a board of commissioners

to select and locate the temporary seat of justice for the county
of Montana, whose duty it shall be, in making said location, to
fix the same as near the geographical center of said county as

Boundaries of
El Paso county.

Commissioners to locate the county seat of El Paso,

a

Commissioners to locate the county

1 the county

county

Commisioners to locate the county

they conveniently can, having due regard to the convenience and interests of the present and probable future population of said county,

Sec. 8. That Simon C. Gephart, W. Walters and Charles Commissioners to Nichols be and are hereby constituted a board of commissioners seat of Broderiek, to select and locate the temporary seat of justice for the couuty of Broderick, whose daty it shall be, in making said location, to fix the same as near the geographical center of said county as they conveniently can, having due regard to the convenience and interests of the present and probable future population of said county.

Sec. 9. That T. C. Díxon, A. G. Patrick and T. L. Whitney Commissioners so be and are hereby constituted a board of commissioners to select seat of Freinont? and locate the temporary seat of justice for the county of Fremont, whose duty it shall be, in making said location, to fix the same as near the geographical center of said county as they conveniently can, having due regard to the convenience and interests of the present and probable future population of said county.

Sec. 10. That D. Newcomb, Wm. J. King and George McGee be and are hereby constituted a board of commissioners to seat vi Oro. select and locate a temporary seat of justice for the county of Oro, whose duty it shall be, in making the said location, to fix the same as near the geographical center of said county as they conveniently can, having due regard to the convenience and interests of the present and probablo future population of said county.

Sec. 11. Said commissioners shall, after the said county seats missioners are located and the proper surveys made, advertise a sale of two act. hundred lots in each of said county seats, in some newspaper in each county, at least one month previous to the day of sale; if no such newspaper exists in the county therein, a paper of the adjoining county, and if no newspapers are convenient, then it shall be lawful for said commissioners to give notice by posting hand bills at four of the most public places in each county, one month previous to the sale of said lots. The proceeds of said sale of lots shall be applied to liquidating the expenses of the commission and location of said county scats; should an excess occur after the above expenses are cancelled, it is made the duty of the commissioners to pay such balanco into the county treasury of the county where such balance appears to have occurred.

Sec. 12. Said commissioners shall call an election for all ty of Ciocre. county officers in cach county, at as early a day as they may

Payment of con-
See supplemental

Elcotion of eornOffioers to act pon being qualided.

Per diem of commissioners, how long, &c.

Commissioners, how paid.

deem advisable; and, where said officers are clected, they shall take the usual oath of office as administered in this Territory, and shall be commissioned in the same manner, but may assist in the organization of said counties after being qualitied, prior to being commissioned.

Sec. 13. Said commissioners shall receive for their services, five dollars per day and expenses ; this per diem to be computed from the date they set out for the county where they are to locate the county seats, and continue until the expiration of their respective offices, which shall be in nine months from the date of the passage of this act.

Sec. 14. Such commissioners shall receive their pay out of the proceeds of the sale of the first lots in cach county scat, in accordance with section cleven of this act.

SEC. 15. All acts and parts of acts in conflict with this act be and the same are hereby repealed.

Sec. 16. This act to take effect and be in force from and after the first day of March, 1859.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 7, 1859.
S. MEDARY,

Governor.

357

CIIAPTER XLV.

AN ACT supplemental to an Act entitled “In Ici organizing and establish

ing the counties of Montana, El Paso, Broderick, Fremont and Oro, in the

Territory of Kansas,” passed January, A. D. 1859.
Be it enacted by the Governor and Legislalive Assembly of

the Territory of Kansas :

SECTION 1. That an act entitled "An act organizing and esose to be paid by tablishing the counties of Montana, El Paso, Broderick, Fremont

and Oro,” shall be so construed that no expense of the commissioners therein provided for, in locating said county seat, shall be defrayed or paid by the Territory of Kansas, in any respect whatsocver.

Expenses of com missioners in no