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Located at Humboldt.

May be changed

at any general election.

CHAPTER XLIX.

AN ACT to Locate the County Seat of Allen County.

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

SECTION 1. That the seat of justice for the county of Allen is hereby temporarily located at the town of Humboldt.

SEC. 2. That the Legislative Assembly, providing by special
enactment, the said seat of justice may, at any general election,
be changed to such point in said county, in accordance with law.
SEC. 3. This act to be in force from and after its passage.
A. LARZALERE,

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

President of the Council.

Approved February 4, 1859.

S. MEDARY,

Governor.

Located at Marmiton.

May be changed at any general eloction.

CHAPTER L.

AN ACT to Locate the County Seat of Bourbon County.

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

SECTION 1. That the county seat of the county of Bourbon is hereby temporarily located at the town of Marmiton.

SEC. 2. That the Legislative Assembly, providing by special enactment, the said seat of justice may, at any general election, be changed to such point in said county, in accordance with law. SEO. 3. This act to be in force from and after its passage.

A. LARZALERE,

Speaker of House of Representatives,

C. W. BABCOCK,

President of the Council.

Approved February 7, 1859.

S. MEDARY,

Governor.

CHAPTER LI.

AN ACT to provide for the organization of Butler County.

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

SECTION 1. That the county of Butler, heretofore attached to Madison county, is hereby detached therefrom, and the town of Chelsea shall be the temporary county seat of said county.

Butler detached from Madison.

Commissioners

appointed to divide Butler coun

wy into town

ships.

SEC. 2. That J. C. Lambden, L. M. Pratt and William Woodruff are hereby appointed commissioners to divide said county into townships, not exceeding three in number, each of which townships shall be an election precinct; and it shall be the duty of said commissioners to appoint for each three inspectors and appoint judges two clerks of election, and, also, a place for holding a special election as hereinafter provided, and to make all needful regulations for holding said election.

Commissioners to

and inspectors.

Special election

in March.

SEC. 3. That a special election shall be held for county and on fourth Monday township officers, on the fourth Monday of March, A. D. 1859, which shall be governed by the rules and regulations of the general election laws; and the persons thus elected shall, respectively, hold their offices until the next general election for county officers, and until their successors are chosen and qualified.

istered.

SEC. 4. Said commissioners, inspectors and clerks, before en- path to be admintering upon the duties of their respective offices, shall take the oath prescribed by law, which may be administered by one of their number.

chairman of com

SEC. 5. At the close of said election, a return of all the votes Returns made to cast shall be made, by the inspectors and clerks, to the chairman missioners. of the commissioners 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 copy to the secretary of the Ter- one copy of reritory.

SE. 6. It shall be the duty of the county clerk chosen at such election to procure from the office of the register of deeds of Madison county, a transcript of all deeds, mortgages, judgments and liens, of every description, upon real and personal property lying in said county of Butler, and record the same in his office; and, in addition to the legal fees for recording, said clerk shall receive, out of the treasury of said Butler county, ten dollars for traveling expenses and services.

turns to secretary of Territory.

Duty of county clerk.

SEC. 7. All provisions of law conflicting with this act are hereby repealed.

SEC. 8. 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 11, 1859.

S. MEDARY,

Governor.

Located at Holton

CHAPTER LII.

AN ACT to provide for the Location of the County Seat of Calhoun County.

WHEREAS, An election was held for the permanent location of the county seat of Calhoun county, on the eleventh day of October, 1858, under a law passed at the third session of the Kansas Legislature, entitled "An act to provide for the location of certain county seats of the various counties of the Territory; and, whereas, The town of Holton, having received a majority of all the votes given at said election; and, whereas, There are some doubts as to the legality of said clection; therefore,

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

SECTION 1. That the county seat of Calhoun county be and the same is hereby permanently located at the town of Holton, in said county of Calhoun.

SEC. 2. 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 9, 1859.

S. MEDARY,

Governor.

CHAPTER LIII.

AN ACT providing for the Location of the permanent Seat of Justice of
Jefferson County.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

ond Monday in

SECTION 1. That there shall be held, at the usual places of Election on seeholding elections, in the different election precincts within the March. county of Jefferson, 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 Jefferson; 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 election failure, on the

on first Monday in April, and, if a

third Monday

SEC. 2. That, in case no point receives a majority of the votes cast, there shall be held a second election for said seat of justice, on the first Monday in April, 1859, and, still failing to elect, thereafter. 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 ballot- After second eleeing shall be confined to the two places having the highest number two highest. of votes at said second election.

tion, confined to

til question is get

tled.

SEO. 3. That there shall be no taxes levied in the said county No tax levied unof Jefferson for the erection of county buildings, until the question of the permanent location of the seat of justice of said county be decided by a vote of the people.

ed in 1858 to be

judges.

SEC. 4. The judges of said election shall be the persons elec- Supervisors electted as the board of supervisors in their respective precincts, in March, 1858, and shall proceed according to the law governing elections.

and returns to be

probate judge lamation.

shall issue proc

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 made to the clerk. each place received, properly attested, shall be returned to the clerk of the county of Jefferson, within three days after said election; and the probate judge of the county aforesaid shall immediately proceed to cast up the votes, and the place having a majority of the votes cast shall be proclaimed, by the said probate judge, the permanent seat of justice of Jefferson 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.

Probate judge failing to pro

tissue.

SEC. 6. Should the said probate judge, by any means, neglect laim, mandamus 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 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.

Qualifications of

voters.

SEC. 7. The qualifications for a voter, of 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 six months and the county of Jefferson 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 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 January 31, 1859.

S. MEDARY,

Governor.

Located at Olathe.

CHAPTER LIV.

AN ACT to fix permanently the County Seat of Johnson County.

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

SECTION 1. That the county seat of Johnson county be and the same is hereby declared permanently located at Olathe, and all acts or parts of acts in conflict with this act are hereby repealed. SEC. 2. 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 10, 1859.

S. MEDARY,

Governor.

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