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To whom make resignation.

When vacancies happen.

When Governor shall declare office vacant.

Repeal provision respecting pres

cers.

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

Resignations.

SEC. 122. All county officers, who hold their office by election, shall make their resignation to the officer or officers authorized by law to fill such vacancies in such offices, respectively.

SEC. 123. Every county office shall become vacant on the happening of either of the following events, before the expiration of the term of such office: First, The death of the incumbent : Second, His resignation: Third, His 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 official oath: Sixth, His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit such oath and bond within the time prescribed by law: Seventh, The decision of a competent tribunal declaring void his election or appointment: 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.

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 All laws and parts of laws on this subject are ent county offi- hereby repealed, and all officers elected under the provisions of the act of 12th February, A. D. 1858, upon the same subject, shall hold their respective offices until their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.

SEO. 125. This act to take effect and be in force from and after the first day of June next.

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CHAPTER XLIII.

AN ACT defining the boundary line between the Counties of Madison and
Breckenridge, in Kansas Territory.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

established on

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 townships nine

teen and twenty.

SEC. 2. This act to take effect and be in force from and after

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AN ACT establishing and organizing the Counties of Montana, El Paso,
Oro, Broderick and Fremont, and to define the boundaries thereof.

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

Montana county.

SECTION 1. That all that territory comprised within the fol- Boundaries 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.

Oro county.

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

Boundaries of
Broderick coun-

ty.

Boundaries of
Fremont county.

Boundaries of

El Paso county.

Commissioners to Jocate the county seat of El Paso.

locate the 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 limits, 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 Broderick.

SEC. 4. That all that territory comprised within the following limits, to wit: Commencing at the south-west corner of Broderick county and running thence 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 cast 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 due west to a point twenty miles west of the one hundred and fifth longitude, thence 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 O. 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.

Commissioners to SEC. 7. That J. II. Turney, Wm. II. Prentice and A. D. Richseat 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

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

locate the county

SEC. 8. That Simon C. Gephart, W. Walters and Charles Commissioners te Nichols be and are hereby constituted a board of commissioners seat of Broderick. to select and locate the temporary scat of justice for the county of Broderick, 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.

locate the county

SEC. 9. That T. C. Díxon, A. G. Patrick and T. L. Whitney Commissioners to be and are hereby constituted a board of commissioners to select seat of Fremont. 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 Mc- Commissioners to Gee be and are hereby constituted a board of commissioners to seat of 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 probable future population of said county.

locate the county

Payment of com

See supplemental

SEO. 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 seats; 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.

Election of eoun

SEC. 12. Said commissioners shall call an election for all ty officers. county officers in each county, at as early a day as they may

Officers to act

pon being qualified.

Per diem of commissioners, how leng, &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 qualified, 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.

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Expenses of com missioners in no

the treasury.

CHAPTER XLV.

AN ACT supplemental to an Act entitled "An Act organizing and establishing 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 Legislative Assembly of the Territory of Kansas:

SECTION 1. That an act entitled "An act organizing and escase 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 whatsoever.

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