with the terms of the contract, is a full satisfaction for those AN ACT to Provide for the Foreclosure of Mortgages. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: closed in district SECTION 1. That mortgages upon real estate, given to secure Mortgages forethe payment of money, shall be foreclosed by petition in the dis- court, trict court of the county in which the real estate is situated, or of the county to which the county, in which the real estate is situated, is attached for judicial purposes. deemed mort age. SEC. 2. All deeds of trust, given to secure the payment of Deeds of trust money, shall be deemed mortgages within the meaning of this act, and shall be foreclosed in the same manner as mortgages on real estate are foreclosed. as prescribed in SEC. 3. All proceedings, to foreclose mortgages, shall be con- Must be foreclosed ducted in conformity to the provisions of an act entitled "An civil code. Act to establish a Code of Civil Procedure," passed at the present session of the Legislative Assembly. No court shall tax over two dollars as attorney fees, in any case, for foreclosure of any Attorney's fees. mortgage or trust deeds, or for collection of the same. SEC. 4. This act shall 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, President of the Council. Approved February 11, 1859. S. MEDARY, Governor. Brownsville changed to Auburn. Township of Brownsville changed to Aubura. CHAPTER XCVIII. AN ACT Changing the name of the Town and Township of Brownsville to that of Auburn. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That the name of the town of Brownsville, in the county of Shawnee and Territory of Kansas, be and the same is hereby changed to and shall hereafter be known by the name of Auburn. SEC. 2. That the name of the municipal township of Brownsville, county of Shawnee and Territory of Kansas, be and the same is hereby changed to and shall hereafter be known by the name of Auburn. SEC. 3. This act to take effect and be in force from and after its passage. A. LARZALERE, Speaker of the House of Representatives. President of the Council. Approved February 7, 1859. S. MEDARY, Governor. Calhoun County changed to Jacksoa county. CHAPTER XCIX. AN ACT to change the name of Calhoun County. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That the name of Calhoun county, be and the same is hereby changed to Jackson county. SEC. 2. This act to take effect 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. ( CHAPTER C. AN ACT to change the name of Weller County, and to provide for the organization thereof. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: Osage. SECTION 1. That the name of Weller county be and hereby is Changed name, changed to Osage. divide it into SEC. 2. That Abraham Leonard, A. H. Shurtleff and T. R. Commissioners to Merritt be appointed commissioners to divide said county into townships. townships, not to exceed three in number, each of which shall be an election precinct, and it shall be their duty to select, for each select judges of precinct, three judges of election and a place for holding a special election as hereinafter provided, and to make all needful arrangements for holding said election. election. SEO. 3. That a special election shall be held for county officers Special election. on the fourth Monday of March, 1859, which shall be governedby the rules and regulations of the general election law, and the persons thus elected, shall respectively hold their offices until the next general election for county officers, and until their successors shall be duly qualified. At the same time and place a poll shall Election for counbe opened for the election of a county seat, by ballot; and the ty seat. place having a majority of all the votes cast shall be the permanent seat of justice of the county. return of election SEC. 4. At the close of the election, a return of all the votes Canvass of votes, cast shall be made by the judges to the chairman of the commis- &c. sioners above named; and it shall be the duty of said commissioners to issue certificates to the persons elected, and to file one copy of the returns in the office of the clerk of the county, and to transmit another to the secretary of the Territory. clerk. SEO. 5. It shall be the duty of the county clerk, chosen at such Daty of county election, to procure from the office of the clerk of Shawnee county, a transcript of all deeds, mortgages and liens of every description upon real and personal property lying in Osage county, together with all the cases pending in the courts of Shawnee county, and put the same upon record in his office, and, in addition to the usual legal fees for such record, he shall be entitled to receive fifteen dollars for traveling expenses out of the treasury Compensation. of the county, and all said cases, now pending as aforesaid in the courts of Shawnee county, shall be finally prosecuted to judgment in the courts of the county of Osage. SEC. 6. All provisions of law conflicting with this act are hereby repealed. SEC. 7. This act to take effect and be in force from and after its passage. A. LARZALERE, Speaker of House of Representatives. President of the Council. Approved February 11, 1859. S. MEDARY, Governor. Governor to appoint notaries. Their powers and duties. To keep a record, .&o. In case of vacan ey his records and papers to be de CHAPTER CI. AN ACT respecting Notaries Public. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. The governor shall appoint and commission in each county, as occasion may require, one or more notaries public, who shall hold their offices for four years. SEC. 2. They may receive the proof or acknowledgment of all instruments of writing relating to commerce and navigation, receive and authenticate acknowledgments of powers of attorney, make declarations and protests, and certify the truth thereof under their official seals, concerning all matters by them done by virtue of their offices, and shall have all the powers and perform all the duties of register of boatmen. SEC. 3. Every notary shall keep a fair record of his official acts, and, if required, shall give a certified copy of any record in his office, upon the payment of the fees therefor. SEC. 4. If any notary die, resign, be disqualified or remove livered to the re- from the county, his record and official and public papers of his office shall, within thirty days, be delivered to the register of deeds of the county, to be delivered to his successor when qualified. corder. To provide a notarial seal, &c. Shall take an A give, SEC. 5. Every notary shall provide a notarial seal, containing his name, and place of residence, and he shall authenticate all his official acts, attestations and instruments therewith. SEC. 6. Every notary public, before entering on the duties of his office, shall take the oath of office prescribed by law, which shall be indorsed on his commission, and shall give bond to the Territory of Kansas in the sum of five hundred dollars, with good securities, conditioned for the faithful performance of the duties Condition thereof of his office. be recorded, SEC. 7. Such bond, commission and oath shall be recorded in Bond, &c., shall the register's office of the county, and the bond shall be filed in where. the office of the secretary of the Territory, and may be sued on by any party injured. tions against no SEC. 8. No suit shall be instituted against any such notary or Limitation of achis securities more than three years after such cause of action taries. [accrues.] SEC. 9. Notaries public shall have authority to administer all Powers of notary. oaths provided for by law, and to take the acknowledgment of deeds and other instruments of writing, conveying or affecting lands or other property in any part of this Territory. ments heretofore SEC. 10. All acknowledgments heretofore taken by notaries Acknowledg public of deeds or other instruments, conveying or affecting lands taken to be valid. out of the county in which such notary resided, are hereby con firmed and made valid, if otherwise correct. SEC. 11. This act to take effect and be in force from and after the first day of June next. AN ACT Regulating Oaths and prescribing the Form of Oaths of Office. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: rized to adminis SECTION 1. That every judge, justice of the peace, clerk of a Persons autho court of record, clerk of the board of supervisors or notary pub- ter oaths. lic, within this Territory, shall be authorized to administer oaths. SEC. 2. All oaths in this Territory, shall be administered by How adminislaying the hand on the Holy Bible, or they may swear with uplifted hand or affirm. tered. |