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 That all acts and parts of acts in conflict with this act are hereby repealed.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

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

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

between Davis

SECTION 1. That the township line between townships thirteen Boundary line and fourteen shall be the boundary line between Davis and Wise M Wise-now

counties.

Morris.

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

of Butler county.

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

Chase 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 Organisation. powers and privileges of other organized counties of the Terri

tory.

SEC. 6. This act to take effect and be in force from and after

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Boundary of Wyandott county.

Election for county officers.

Tenuro of county officers.

Duty of clerk of Leavenworth county.

CHAPTER XLVII.

AN ACT Creating and Organizing the County of Wyandott.

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

SECTION 1. That a county, to be called Wyandott, be hereby erected, including that 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, where the north line of the Delaware Reserve intersects the same, running thence, 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 range twenty-three.

SEO. 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 officers, who shall hold their offices, respectively, until the next general clection of county officers, as prescribed by law.

SEC. 3. That it shall be tho dnty 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 hercin otherwise provided; and, on the first Friday after the election, the chairmen of all the boards of judges shall meet in Wyandott city, at the Eldridge House, 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 be affected by the provisions of this act.

SEC. 5. That it shall be the duty of the clerk of Leavenworth county, as soon as practicable after the organization of Wyandott county, to transmit to the clerk of said county the papers in all Transfer of sults suits which may be pending in the probate court of Leavenworth county, wherein both parties reside in Wyandott county, together with a certified transcript of all the entries on record, in each

in probate court.

case, which causes, when so certified, shall be 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 probate business, in all cases wherein the decedent's last place of residence was within the limits of said county of Wyandott, there to be disposed of according to law.

clerk of Leaven

SEC. 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 worth county. soon as practicable after the organization of the county of Wyandott, 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 said county of Wyandott, 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 counties of Leavenworth and Johnson to make out and transmit 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 entitled to compensation for said service, from the county of Wyandott, at the usual legal rates.

prty of recorders

in Leavenworth

and Johnson

counties.

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

ty seat.

Best.

SEC. 9. That, at the next election for members to the Territo- vote 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 permanent county seat of Wyandott county.

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

Wyandott to

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

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.

Places of holding election.

Time

CHAPTER XLVIII.

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

Be it 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 permanent seat of justice of said county.

Second electionwhen.

when.

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 section; Provided, That after the second election the balloting the highest num- shall be confined to the two places having the highest number of

Confined to the

two places having

er of votes.

No taxes for

county buildings

votes.

SEC. 3. That there shall be no taxes levied in the said county

until question de- of Anderson, for the erection of county buildings, until the

oided.

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

ceedings.

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.

a

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 majority of the votes cast shall be proclaimed, by the said pro- permanent seat of bate judge, the permanent seat of justice of Anderson county, declaring the fact by either a written or printed proclamation, and have the same posted up in at least twelve different public places, throughout the county.

cast up vete and proclaim result. Place having majority to be the

justice.

failing, mandara

us to issue.

SEC. 6. Should the probate judge, by any means, neglect or Probate judge 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.

voters.

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 such, 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.

SEC. 9. This act to take effect and be in force from and after

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