Ch. 46.]

WISE, BUTLER AND CHASE COUNTIES.

361

Sec. 2. That all acts and parts of acts in conflict with this act are hereby repealed.

Sec. 3. This act to take effect and be in force from and after
its passage.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

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

Governor.

CILAPTER XLVI.

AN ACT to Organize the Counties of Wise, Butler and Chase.

botween Davis

Morris.

of Butler .

Chase county.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That the township line between townships thirteen Boundarz lino and fourteen shall be the boundary line between Davis and Wise Wocio-bow counties.

Sec. 2. The township line between townships seventeen and South boundary. eighteen shall be the south boundary line of Wise county.

Sec. 3. The township line between townships twenty-one and North boundary, twenty-two shall be the north boundary line of Butler county.

Sec. 4. A new county is hereby established, to be called the Boundary of county of Chase, embracing that portion of country lying between the counties of Wise and Butler, as herein described.

Sec. 5. Said counties are hereby organized with all the Orgaaiation, powers and privileges of other organized counties of the Territory.

Sec. 6. This act to take effect and be in force from and after
its passage.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 11, 1859.
S. MEDARY,

Governor.

CILATER XLVII.

Boondary of Wyandott county.

Tlection for egunty vifcers.

AN ACT Cıcating and Organizing the County of Wyandott.
Be it enacted by the Governor and L«gislative ussembly of

the Territory of Kunsas:

SECTION 1. That a county, to be calle lyandott, be hereby erected, including thei portion of Leavenworth and Johnson counties, lying within the following limits: Commencing at a point in the middle of the channel of the Missouri river, whicre the north line of the Delaware Reserve intersects the same, running thenco, west, on said reserve line, to the line between ranges twenty-two and twenty-three thence south, on said range line, to the south boundary line of Leavenworth county; thence easterly, on said boundary, to the middle of the main channel of the Missouri river; thence north-westerly, with said main channel, to the place of beginning: also, that portion of Johnson county, lying north of the township line between townships eleven and twelve, east of rango twenty-three.

Sso. 2. That an election shall be held, in the various precincts in said county of Wyandott, on the fourth Tuesday of February, 1859, for the election of county oilicers, who shall hold their offices, respectively, until the next general clection of county officers, as prescribed by lawy.

Sec. 3. That it shall be tho (Inty of the present supervisors of each township, in said county of Wyandott, to appoint two clerks, and provide places for holding said special election, and to act as judges of the same, observing the general election laws, except as liercin otherwise provided; and, on the first Friday after the election, the chairmen of all the boards of judges shall meet in Wyandott city, at tho Eldridge Ilouse, and canvass the votes and issue certificates to the persons duly elected, and transmit to the Secretary of the Territory a true copy of the canvass, showing who were elected to the various offices in said county.

Sec. 4. That the tenure of all other than county offices, within said county, shall in no way bo affected by the provisions of this act.

Sec. 5. That it shall be the duty of the clerk of Leaven worth county, as soon as practicable after the organization of Wyandott

county, to transmit to the clerk of said county the papers in all Transfor of evits suits which may be pending in the probate court of Leavenworth

county, wherein both parties reside in Wyandoti county, together with a certified transcript of all tho entries on record, in each

Tentre of county oth cero.

Dnty of cerk of Leavenworth county.

in probato court.

a

worth county.

in

case, which causes, when so certified, shall, he tried and disposed
of in the same manner as though they had been commenced in
the county of Wyandott. It shall further be the duty of the clerk
of Leavenworth county in like manner to transmit to the clerk
of Wyandott county, the papers and documents, together with a
certified transcript of all entries in said cause, pertaining to pro-
bate business, in all cases wherein the decedent's last place of resi-
dence was within the limits of said county of Wyandott, there to
be disposed of according to law.

Soc. 6. That it shall be the duty of the clerk of the district Duty of district
court of the United States, in and for Leavenworth county, as
soon as practicablo after the organization of the county of Wy-
andott, to transmit to the clerk of the district court, in and for
said county of Wyandott, a certified transcript of the record, and
all the papers in each and every case pending in said court,
wherein the parties thereto reside in seid county of Wynndott, to
be disposed of in the same manner as though the same had
originally been commenced in the county of Wyandott.

Sec. 7. That it is hereby made the duty of the recorders in the Party of recorders counties of Leavenworth and Johnson to make out and transmit and Johnson to the recorder of Wyandott county, as soon as practicable, a true copy of the records of all deeds, mortgages, deeds of trust, bonds and other writings in relation to real estate, or any interest therein, being within the limits of Wyandott county, as above described, and the said recorders are authorized to procure suitable books for that purpose, and said clerks and recorders shall be entitied to compensation for said service, from the county of Wyandott, at the usual legal rates.

SEO. 8. The city of Wyandott shall be the temporary county Temporary ooonscat, until a permanent county scat is established.

Sec. I. That, at the next election for members to the Territo- Voto for county rial Legislature, the people of said county shall vote for permanent county seat, and the place receiving the highest number of all the votes cast shall be the permuent county seat of Wyandott county.

Sec. 10. That portion of any precinct divided by the county Precincts. lines, and being within Wyandoit county, shall be attached to the precinct adjoining, in said county of Wyandott, for election and other purposes, until otherwise ordered.

Sec. 11. That the county of Wyandott shall be liable for all lindilities of the money appropriated by the county of Leavenworth to be ex- Laven worth pended within the limits of said county of Wyandott, and that

ty seat.

Wyandott county.

all taxes, now assessed within said county of Wyandott, shall be
paid into the county Treasury of said county.

Sec. 12. This act shall 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 January 29, 1859.
S. MEDARY,

Governor.

CHAPTER XLVIII.

AN ACT to Provide for the Location of the County Seat of Anderson

County.

Places of holding election. Timo

Second election when.

Be il enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That there shall be held, at the usual places of of first election. holding elections, in the different election precincts within the

county of Anderson, Kansas Territory, on the second Monday
in March, 1859, an election for the location of the permanent
seat of justice of the said county of Anderson, and a poll shall
be opened at each of the places aforesaid, and every legal voter
of said county may vote for the place of his choice, and the
place receiving a majority of the votes cast shall be the

perma-
nent seat of justice of said county.

Sec. 2. That in case no point receive a majority of the votes

cast, there shall be held a second election for the said seat of Third election- justice, on the first Monday in April, 1859, and, still failing to

elect, every third Monday thereafter until said seat of justice is

permanently located, according to the provisions of the preceding Can Aned to the section ; Provided, That after the second election the balloting the nume shall be confined to the two places having the highest number of fer of .

votes.

SEC. 3. That there shall be no taxes levied in the said county un tal question de- of Anderson, for the crection of county buildings, until the

question of the permanent location of the seat of justice of said
county be decided by a vote of the people.

places

No taxes for connty buildings

.

cast ar vete and

Place having ma

permanent seat of justico.

failing, mandan13 to issue.

a

SEC. 4. The judges of said election shall be the persons elect- Judges and proed as the board of supervisors in their respective precincts, in March, 1858, and shall proceed according to the law governing elections.

Sec. 5. The voting shall be by ballot, and the poll books, on Voting by ballot. which the voters' names are recorded, and the number of votes each place received, properly attested, shall be returned to the clerk of the county of Anderson within three days after said election; and the probate judge of the county aforesaid shall im- Probate Judge to mediately proceed to cast up the votes, and the place having a proclaim result. majority of the votes cast shall be proclaimed, by the said pro- gority to heaven bate judge, the permanent seat of justice of Anderson county, declaring the fact by either a written or printed proclamation, and have the saine posted up in at least twelve different public places, throughout the county.

Sec. 6. Should the probate judge, by any means, neglect or Probate Juded fail to cast up the votes and proclaim the result as herein provided, then a mandamus shall issue out of the district court, on application of any twenty citizens of the county aforesaid, under the proceedings of which writ of mandamus the said probate judge shall be compelled to perform all his duties under and by virtue of this act.

Sec. 7. The qualifications of a voter, under this act, shall be Qualifications of a citizen of the United States and all those who have declared their intentions to become sach, and who shall have resided in the Territory six months and the county of Anderson three months next preceding any election that may be held under this act.

Sec. 8. All acts and parts of acts in conflict with this act be Repeal. and the same are hereby repealed.

SEO. 9. This act to take effect and be in force from and after its passage.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 7, 1359.
S. MEDARY,

Governor.