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to comptroller.

in locating their roads, shall not exceed ten dollars per mile, in-
cluding their own expenses, and per diem of three dollars each
for each day spent in actual service. Said board shall cause to Account rendered
be kept an accurate account of all expenditures in detail, which
account shall be rendered to the comptroller of the Territory, on
the completion of their labors, and the comptroller of the Terri-
tory shall be authorized and instructed to audit the same and
draw warrants on the treasury therefor.

SEC. 5. Said commissioners are authorized to negotiate with Right of way.
the owners of lands and improvements through which the road
may pass, for the right of roadway; and all agreements shall be
in writing and signed by the owner of the land, and at least two
of the commissioners, and a minute made upon the record of the
survey, showing the amount of damage claimed, if any; and all Account rendered
amounts of damages allowed, shall be rendered to the tribunal
transacting county business for the county in which such damages
may be allowed, who shall be authorized and required to audit
the same, and draw warrants, attested by the proper officer, upon
the county treasurer therefor.

to county tribu-

rendered to coun

SEC. 6. That where no satisfactory agreement can be made Disagreement with the owner of any lands or improvements through which the ty tribunal. road may be located, the commissioners shall return a record of the amount offered by them to such person, to the tribunal transacting county business.


SEC. 7. Any owner of land claiming damages not allowed by Appeal to district the commissioners, by reason of the opening of any road, may appeal to the district court of the county in which said land is located Provided, Such appeal be made within thirty days. after the location of said road, and the decision of said court shall be final; and, if the damages thus awarded shall exceed the amount offered by the commissioners, the costs of suit, together with all damages allowed, shall be borne by the county; but, if they shall not exceed the amount offered, the costs shall be adjusted against said claimant, and, till paid, shall stand as a judgment against his property, the same as though rendered in any other suit.

ry of Territory.

SEC. 8. It shall be the duty of each board to make a full re- Report to secretaport of their proceedings to the secretary of the Territory, and to the tribunal transacting county business of each county through which their road shall pass, and said reports shall be accompanied by a map or chart, showing the length of the road, in miles, and the counties, townships, sections and quarter section lines through which it passes.

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Duty in locating.

County board to open road.

SEC. 9. It shall be the duty of the several boards of commissioners, in creating the various roads provided for in this act, to locate the same upon the best possible ground, consistent with straight and direct lines, avoiding, in all cases, making two or more angles, when good ground for a road can be had upon a direct course with but one angle.

SEC. 10. Upon the receipt of said report, it shall be the duty of the county board of any county, immediately to cause said road to be opened through said county, according to law.

SEC. 11. This act to take effect and be in force from and after its passage.


Speaker of the House of Pepresentatives.

President of the Councit.

Approved February 11, 1859.



Leavenworth to

Time of meeting.

Must take oath.

Filling vacancy.


AN ACT to locate a Territorial Road from Leavenworth City to Topeka. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That Henry Owens, of Jefferson county; Joseph T. Wright and Daniel Melvill, of Leavenworth county, be and they are hereby appointed commissioners to view and mark out a Territorial road from Leavenworth city, crossing the Big Stranger below the mouth of Fall Creek, thence to Topeka.

SEC. 2. Said commissioners shall meet at Leavenworth city on the first day of March next, or on some day that may be fixed by said commissioners, as soon as convenient, and thence proceed to view and mark out the said road according to law.

SEC. 3. Said commissioners, before entering upon their duties shall each take an oath, to be administered by some office authorized by law to administer the same, faithfully to perform the duties assigned them by this act.

SEC. 4. Should a vacancy occur in said board of commissioners, the remaining commissioner or commissioners shall appoint some suitable person or persons to act as such.

county clerka


SEC. 5. Said commissioners shall employ a surveyor and two Plats to be led in chain carriers to accompany them, and shall cause their surveyors to make out a complete plat of said road, which shall be filed in the offices of the clerks of county courts of the respective counties through which said road may pass.


Speaker of the House of Representatives.

President of the Council.

Approved February 7, 1859.




AN ACT to declare a certain Road a Territorial Road.

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

Marysville a Tex

SECTION 1. The road leading from Elwood, on the Missouri From Elwood to river, running thence up Peter's Creek by way of the town of ritorial road. Troy, Lewis' crossing of Wolf river, Highland, Hiawatha, Seneca and Marysville, is hereby declared a Territorial road, and shall be put and kept in repair, as provided for by laws for Territorial roads.

SEC. 2. This act to take effect and be in force from and after its passage.


Speaker of the House of Representatives.


President of the Council.

Approved February 11, 1859.





612 1861-256

Election in 1860.



Oath taken and
filed with secre-

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AN ACT to provide for the Organization, Supervision and Maintenance of
Common Schools.

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

SECTION 1. There shall be elected, at the general election in the year 1860, and every one year thereafter, a territorial superintendent of common schools, who shall hold his office for the term of one year, and until his successor is duly elected and qualified.

SEC. 2. The said superintendent shall, before he enters upon sary of Territory. the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and the Organic Act of this Territory, and faithfully to discharge the duties of his office to the best of his ability, which oath or affirmation shall be filed in the office of the secretary of the Territory.


General superin-
tendent of schools
and visit each

County yearly.

Recommend books
and secure uni-

Foreign corres-

Prepare forms-
how printed.

SEC. 3. The said superintendent shall receive for his services the sum of fifteen hundred dollars per annum, and the further sum of two hundred dollars per annum, for office rent, stationery, &c., payable quarter-yearly out of the territorial treasury.

SEC. 4. He shall have a general supervision over the common schools in this Territory, and it shall be his duty to visit every county in the Territory, at least once in each year, for the purpose of inspecting the schools, awakening an interest favorable to the cause of education, and diffusing as widely as possible, by public addresses and personal communication with school officers, teachers and parents, a knowledge of existing defects and of desirable improvements in the government and the instruction of the schools.

SEC. 5. It shall be his duty to recommend the introduction of the most approved text books, and, as far as practicable, to secure a uniformity in the use of text books in the common schools throughout the Territory: to discourage the use of sectarian books and sectarian instruction in the schools, and to open such correspondence abroad as may enable him to obtain, so far as practicable, information relative to the system of common schools and its improvements in other States and countries, which he shall embody in his annual report to the Legislature.

SEC. 6. He shall prepare, for the use of common school officers, suitable forms for making reports and conducting all necessary proceedings; and he shall cause the laws relating to com

mon schools, with the rules, regulations and forms aforesaid, and such instructions as he may deem necessary to be printed, together with a suitable index in pamphlet form, by the person authorized to do the Territorial printing, at the expense of the Territory; and he shall cause the same to be distributed among the several school districts, and other officers having the care of common schools throughout the Territory.

SEC. 7. He shall examine and determine all appeals duly made Decide appeals, to him from the decision of any school district meeting, or from the decision of any county superintendent, in forming or altering, or in refusing to form or alter any school district, or concerning any other matter under the common school law of this Territory, and his decision thereon shall be final.


SEC. 8. He shall prepare, in each year, a report, to be sub- Report to Legislamitted to the Legislature, bearing date on the last day of December in each year, containing: First, An abstract of all the common school reports received by him from the clerks of the several counties in the Territory: Second, A statement of the condition of common schools in this Territory: Third, Estimates and accounts of the expenditures of the school money: Fourth, Plans for the improvement and management of the common school fund, and for the better organization of the common schools: and, Fifth, All such matters relating to his office and the common schools of the Territory as he shall deem expedient to communicate.


SEC. 9. It shall be the duty of the Territorial superintendent, Apportion school on or before the tenth day of February, in each year, to apportion the amount of school money to be distributed in each year among the several counties of the Territory, according to the number of children in each over the age of five and under the of twenty-one years, according to the returns thereof, as made to his office, for the preceding year.


tionment to treas

SEC. 10. He shall certify such apportionment to the treasurer Certify apporof the Territory, and he shall give immediate notice thereof to urer of Territory. the clerk of each county, stating the amount apportioned to his county and the time when the same will be payable to the treasurer of such county.


SEC. 11. The Territorial superintendent shall have an office office at seat of at the seat of government, where shall be deposited all papers and documents appertaining to the business of his office, and to which place communications on the subject of common schools may be addressed to him.

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