CHAPTER LV.

AN ACT to provide for the location of the County Seat of Linn County.

Tuesday Juna

county .

After first eleo.

fined the places having highest vote.

ty buildings until

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 Election on first holding elections, in the different election precincts within the forum permanent county of Linn, Kansas Territory, on the first Tuesday in June, A. D. 1859, an election for the location of the permanent seat of justice of the said county of Linn, 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 scat of justice of said county : Provided, That two hundred of the legal voters of said county shall first, by petition to the board of supervisors, pray for such election.

Sec. 2. That in case no point receive a majority of the votes Second election. cast, there shall be held a second election for said seat of justico at the general election for members of the Legislative Assembly: Provided, That, after the first election, the balloting shall be voting.com confined to the two places having the highest number of votes.

Sec. 3. That there shall be no taxes levied in the county of Northernet for content Linn for the erection of county buildings, until the question of question decided. the permanent location of the seat justice of said county be decided by a vote of the people.

Sec. 4. The judges of said election shall be the persons supervisors to be elected as the board of supervisors in their respective precincts, and shall proceed according to the law governing elections.

Sec. 5. The voting shall be by ballot, and the poll-books, on poll books returnwhich the voters names are recorded, and the number of votes in three days. each place received, properly attested, shall be returned to the clerk of the county of Linn within three days after said election ; and the probate court of the county aforesaid, shall immediately proceed to cast up the votes, and the place having a majority of all the votes cast shall be proclaimed by the said probate judge Probate Judge to the permanent seat of justice of Linn county, declaring the fact issue proclaineby either a written or printed proclamation, and have the same posted up in at least twelve different public places throughout the county.

Sec. 6. Should the said probate judge, by any means, neglect Judga i fa, ing.de or fail to cast up the votes and proclaim the result as herein provided, then a mandamus shall issue out of the district court, on

judges of .

ed to clerk with.

tion.

Qualification of voters.

application of any twenty citizens of the county aforesaid, under the proceedings of which writ of mandamus the said probate court 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 a citizen of the United States, and all those who have declared their intention to become such, and who shall have resided in the Territory three months and the county of Linn thirty days next preceding any clection that may be held under this act.

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

Sec. 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 11, 1859.
S. MEDARY,

Governor.

CILATTER LVI.

AN ACT to Incorporate the Town and Town Company of Elmen Daro and

locate the County Seat of Madison County.

Names of corporators of Elmen Daro.

Be it enacted by the Governor and Legislatire Assembly of

the Territory of Kansas :

SECTION 1. Lewis W. Kuhn, IIcnry J. Stratten, William Shockly, George R. Harper, John M. Coe, Archibald C. Graham, Samuel F. Graham, William Stovens, William G. Quimby, James W. Connolly, John Meddows, William Updegraph and Allen D. Graham are hereby constituted a body politic and corporate, by

the name and style of the " Elmen Daro Town Company,” and Powers and pri- by that name shall have power to contract and be contracted with,

to sue and be sued, plead and be impleaded, in all courts whatsoever,

and

may have a common seal, and alter the same at pleasure.

Sec. 2. Tbat all that tract of country which is comprised in the east half of section two, township twenty-one of range twelve, east, in the county of Madison, is hereby incorporated into a

viloges.

Loontion.

elected

town by the name of Elmen Daro, under the management and control of the above named incorporators, their associates and successors.

Sec. 3. The officers of said company shall consist of a presi- om cers, who a dent, secretary and treasurer, who shall be elected at the first meeting of the company after this act shall take effect, and shall hold their respective offices for the period of one year and until their successors are chosen.

Sco. 4. The said company shall have power to pass by-laws May pass by-laws. regulating the time for its meetings and controlling the same; and all deeds for the conveyance of the real estate of the said Deeds, how aacompany shall be signed by the secretary and acknowledged by the secretary as his free act and deed for and on behalf of the company, and, when so signed and acknowledged, shall be deemed and held sufficient to pass all the interest of the said company in such real estate.

Sec. 5. The said company may, by by-laws, prescribe for the Transfer of stook. transfer of stock and shares in said town, (which shall be personal property,) and shall have power to tax and lay assessments upon said stock and shares for the purpose of paying any just indebtedness of said company, and for such other general purposes as a majority of two-thirds may agree upon.

Sec. 6.. That the county seat of said county of. Madison is Elmer Dato do hereby located and permanently established at said town of our country count Elmen Daro.

SEO. 7. This act shall 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 10, 1859.
S. MEDARY,

Governor.

clared the perms.

of Madison
ty.

CHAPTER LVII.

AN ACT to locate the County Seat of Marshall County.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas : Section 1. That the temporary county seat of Marshall county Located at Syl

1

Sheriff directed to proenre suitable buildings for county officers, Vote to be takon

tion.

be and the same is hereby located for all county purposes, until
otherwise changed by a vote of the people of said county, at the
town of Sylvan, in said county of Marshall; and the oilices of
said county shall be removed to and held in the said town of
Sylvan, and perform all the duties that may be required by law,
which change or removal shall be made within forty days from
the passage of this act.

Src. 2. And the sheriff is hereby directed and required to pro

cure suitable buildings at the town of Sylvan for the accommoat the fall elece dation of the county officers, until after the question shall be

definitely determined by a vote of the legal voters of said county,
which vote shall be taken at the next succeeding election for
members of the Territorial Legislature, in the present year, and
the town or place named as the place for the permanent location
of the county seat of said county, shall be the county seat of said
county, and all offices shall be removed and held in accordance
thcrewith, provided the said town or place shall receive at such
election a majority of all the legal votes cast at said election.
Said clection shall be hy ballot, and cach ballot shall be for some
one of the points contestiny for the perimanent location of said
county scat, and the people of the county shall have public notice
of the election and the provisions of this bill.

SEC. 3. The election hell in accordance with this bill shall be

final as to the place where the permanent county seat of said Retorns made to county of Marshall shall be located. The returns of said election

shall be made to tlie county court, and it shall be the duty of the
judge of said court to declare, by publication, the result of said

clection; but, if no one point shall have a majority of all the County.owre may votes cast, then the said court may.order a new election to be

held, and give public notice thereof, and the-two points having
the largest number of votes at the first election shall be the only

candidates at the second election for the county seat.
Judge to proclaim Szc. 4. The county court or the judge thercof shall proclaim

te result of said election in a public manner, by giving public
notice of the final result, and declare the point receiving the
majority of the votes cast to be the permanent county seat of
Marshall county.
SES. 5. This act shall be in force from and after its passage.

A. LARZALERE,
Speaker of House of Representatives.

C. W. DABCOCK,

President of the Council.
Approved February 9, 1859.

S. MEDARY, Governor.

Election inal,

counts ocuri.

result.

CHAPTER LVIII.

AN ACT locating permanently the County Seat of Shawnee County.

nently Topeke.

remove

WHERLAS, At an election held in the county of Shawnee, Territory of Kansas, on the fourth and fifth days of October, A. D. 1858, for the location of the county seat of the said county of Shawnee, by a direct vote of the people of said county, the city of Topeka was elected as such county seat, by a majority of all the votes cast at said clection; therefore, Be it enacted by ihe Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That the county seat of Shawnee county, in the Located partner Territory of Kansas, shall be and the same is hereby removed to and permanently located at the city of Topeka, and all the officers required by law to keep their offices at the county seat, shall, within twenty days after the passage of this act, remove their county officers offices to the said city of Topeka, together with all papers, re- twenty days. cords, books and other matters belonging to the same, and that all proceedings, judicial or otherwise, required by law to be transacted at the county scat, shall hereafter be transacted at the said city of Topeka.

Sec. 2. That in case any of the officers of said county shall Penalty for nego neglect or refuse to obey the requirements of the first section of this act, they shall be deemed guilty of a misdemeanor and subject to a fine of twenty-five dollars for each and every day that they or either of them shall so neglect or refuse to obey said requirements ; said fino or fines to be sued for and recovered in any court of competent jurisdiction of this Territory, by any person, one-half of said fine to go to the complainant and the remain der to the county.

Sec. 3. The tribunal transacting county business for the said Connte tribpra county of Shawnee, is hereby empowered and required to provide tions suitable accommodations at the said city of Topeka, for the holding of courts, preservation of records and the transaction of all the official business of the said county of Shawnce.

Sec. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

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required to
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