Forfeiture of rights.

Legitimacy of ehildren.

sequent changes may be made by the court in these respects, where circumstances render them expedient.

SEC. 11. When a divorce is decreed, the guilty party forfeits all rights acquired by the marriage.

SEC. 12. No decree of divorce shall affect the legitimacy of any child begotten within the bonds of lawful wedlock.

SEC. 13. This act to take effect and be in force, from and after the first day of June next.

A. LARZALERE,

Speaker of House of Representatives.
C. W. BABCOCK,

Approved February 7, 1859.
S. MEDARY,

1858-291

Repeased.

1861-133

Qualification of voters.

Disqualification of voters.

Governor.

President of the Council.

CHAPTER LXV.

AN ACT regulating Elections.

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

SECTION 1. Every male person, of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in this Territory for three months next preceding any election, and ten days in the township or ward in which they offer to vote, shall be deemed a qualified voter at such election: First, White citizens of the United States: Second, White persons of foreign birth, who have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization: Third, Persons of Indian blood, who have been declared, by treaty, to be citizens of the United States.

SEC. 2. No person under guardianship, non compos mentis or insane, shall be qualified to vote at any election, nor shall any person, convicted of treason, felony or bribery, unless restored to civil rights; nor shall any person who, being an inhabitant of this Territory, may hereafter be engaged, directly or indirectly, in any duel, either as principal or accessory, be permitted to vote at any election; nor shall any person who shall have made

or become, either directly or indirectly, interested in any bet or wager depending upon the result of any election at which he shall offer to vote, be permitted to vote at such election; nor shall any person, who has not resided at least ten days in the township, ward or district in which he offers to vote, be allowed to vote therein. Every qualified elector shall be eligible to hold any office for which he is an elector.

made by assessor.

SEC. 3. The assessors in the several townships and cities in each Registry to be and every county in this Territory, shall, at the same time that the township or city assessment is made, make a registry of the qualified voters in such township or city, and for that purpose shall have full power to administer oaths to persons applying to be registered, touching their qualifications as voters.

SEC. 4. The registry shall be made in a schedule headed Form of registry. "Registry of voters of the township of (or ward, as the case may be,) countyor city of, for the year A. D. 18-," (filling in the proper date,) and ruled off into three separate columns, one of which shall contain the names of voters, in alphabetical order, one their occupation or profession, and the other their place of residence; and, if in a city, designating the street and block where they reside.

SEO. 5. In making such registry, the assessor shall first tran- How made. scribe the names that appear on the registry and additional registries of the previous year, and shall then add the names of those who have not already been registered.

SEC. 6. The township or city clerk shall furnish the assessor with a certified copy of the registry and additional registries of the previous year, at the same time the assessment roll is placed in his hands.

Town clerk.

SEC. 7. The assessor shall complete the registry and file it in When fled. the office of the township or city clerk, as the case may be, on

or before the fifteenth day of August, in each year.

SEC. 8. Before each election, the township or city clerk shall Notice of eleecause written or printed copies of such registry to be made, to the number of six, (and as many more as the city council or township board shall require,) and posted up in as many of the most public places in the township or ward, one of which shall be at the usual place of holding elections therein, at least twenty days before the holding any election, general or special; if a newspaper is published in such township or city, the registry of the township or each ward shall be published therein once a week

Notice to attend on 12th and 11th days previons to election, to correct registry.

Register open from 9 a. m. to 9 p. m.

Schedule for additional registry.

Copy for inspectors.

Registry prima facie evidence.

Not to vote unless registered.

City registry.

General election, when.

Offeers to be chosen.

for three weeks, the last insertion to be at least twelve days before the election.

SEC. 9. The township or city clerk, as the case may be, shall attach to said registry, and publish therewith, a notice stating that he will attend at the usual place of meeting of the township board, or city council, to be therein named, on the twelfth and cleventh days previous to the election, giving the days of the month on which such days fall, and register the names of such persons as shall personally apply to be registered, and who have not been already registered.

SEC. 10. It shall be the duty of the township or city clerk, as the case may be, to attend, in pursuance of said notice, between the hours of nine o'clock A. M., and nine o'clock P. M. of said days, and perform the duties in said notice specified.

SEC. 11. Such registry shall be made in the schedule entitled "Additional registry of voters of the township of (or ward, as the case may be,) in the county (or city,) of for the year A. D. 18—," (filling in the proper date,) and otherwise similar to the originial registry.

SEC. 12. The clerk shall make a copy of such registry and additional registry, certified under his hand, and deliver it to the inspectors of election at the proper poll, at the place of holding such elections, at or before the hour of opening the polls.

SEC. 13. Such registration shall be prima facie evidence of the qualification of the persons named therein to vote, but if any such person be challenged at the polls, he shall make proof of his qualifications, according to law.

SEO. 14. No person shall be entitled to vote who has not been duly registered, according to the provisions of this chapter.

SEC. 15. When an incorporated city constitutes part of a township, the registration shall be made by the township officers.

SEC. 16. A general election shall be held in the several townships and wards in this Territory, on the Tuesday next after the first Monday of November in each year, at which time there shall be chosen so many of the following officers as are by law to be elected in such year, that is to say, delegate to Congress, members of the Council, members of the House of Representatives, Territorial superintendent of common schools, county superintendent, probate judge, sheriff, register of deeds, county attorney, clerk of the probate court, clerk of the board of supervisors, county treasurer, coroner, and all other Territorial and county officers.

when held.

SEC. 17. Special elections may be held in the following cases, Special elections, and for the election of the following officers: First, When there has been no choice at the general election of a delegate to Congress, Territorial superintendent, member of the Council or House of Representatives, or of any county officer who should properly have been chosen at such general election: Second, When the right of a person clected to the office of member of the Council, member of the House of Representatives, or to either of the said county offices, shall cease, by death or otherwise, before the commencement of the term of service for which he shall have been elected: Third, When a vacancy shall occur in either of said county offices, after the commencement of the term of service, and more than three months before the next general election: Fourth, When a vacancy occurs in the office of member of the Council or member of the House of Representatives after the last day of November and before the first day of January next following: Fifth, If a vacancy, proper to be supplied at a general election, shall not have been supplied at the general election next succeeding the happening thereof, a special election, to supply such vacancy, shall be held: Sixth, When, in any other case of a vacancy not particularly provided for in this section, the governor shall, in his discretion, direct.

plied at general

SEC. 18. A vacancy in either of the offices named in the six- Vacancies supteenth section of this chapter, which shall not have been supplied election." by an election before the general election next succeeding the happening thereof, may be supplied at such election.

how conducted.

SEO. 19. Special elections may be conducted and the result Special elections, thereof canvassed and certified in all respects, as near as practicable, in like manner as general elections, except as otherwise directed; and no special election shall be held within thirty days next preceding a general election.

SEC. 20. All general and special elections shall be held at the where held. place in each township where the last township meeting was held, or at such other place therein as shall have been ordered at a previous township meeting, or when there has been no such previous township meeting, then at such place as shall be directed. in the act or proceeding by which the township was organized; but nothing in this section contained shall prevent the holding of two or more polls in one township, when the same shall be ordered by the inspectors of election.

adjourn.

SEC. 21. Whenever it shall become impossible or inconvenient Inspectors may to hold an election at the place designated therefor, the board of

Proclaim adjournment.

Territorial secretary to give

inspectors, after having assembled at, or as near as practicable to such place, and before receiving any votes, may adjourn to the nearest convenient place for holding the election, and at such adjourned place forthwith proceed with the election.

SEC. 22. Upon adjourning any election, as provided in the preceding section, the board of inspectors shall cause proclamation thereof to be made, and shall station a constable or some other proper person, at the place where the adjournment was made, to notify all electors arriving at such place of the adjournment and the place to which it was made.

SEC. 23. The secretary of the Territory shall, between the notice to sheriff. first day of September and the first day of October in each year, in which a Territorial superintendent, or delegate to Congress, or any other Territorial officers are to be elected for a full term, make out and cause to be delivered to the sheriff of each county, a notice, in writing, stating that, at the next general election, the aforementioned Territorial officers are to be elected, or so many of such officers as are then to be chosen.

Territorial seerotary to give notice to sheriff,

Territorial secretsry to give

⚫lection.

SEC. 24. If any vacancy shall exist in the office of delegate to Congress, Territorial superintendent or any other Territorial officer proper to be supplied at the ensuing general election, one month before such election, the secretary of the Territory shall, thirty days, at least, before such election, give notice, in writing, to the sheriff of each county, specifying the cause of such vacancy, the name of the officer in whose office it occurred, and the time when his term of oflice would have expired.

SEC. 25. The secretary of the Territory shall, between the notice of general first day of September and the first day of October in each year, in which the official term of any member of the Council in any district will expire, make out and cause to be delivered to the sheriff of the county comprising such district, or to the sheriff of each county which shall form a part thereof, a notice, in writing, specifying the number of the district, and the name of the member or members whose term of office will so expire.

Special electionhow ordered.

What the order shall specify.

SEC. 26. All special elections for county officers, and the filling of all vacancies at a general election, shall be ordered by the sheriff of the county, which order shall be countersigned by the clerk of the board of supervisors; in all other cases of special elections, they shall be ordered by the governor.

SEC. 27. Every order or writ, issued for a special election, shall specify the county or district in which such election is to be held, how the vacancy occurred, the name of the officer in