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processes,

SEC. 3. That all processes that have been issued by the Pro- Regarding bate Court of Douglas County, made returnable at Lecompton, shall be and the same are hereby made returnable at Lawrence. SEC. 4. This Act to take effect and be in force from and after

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AN ACT to locate the County Seat of Franklin County.

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

held.

SECTION 1. That there shall be an election held in the County Election to be of Franklin, under the law regulating elections, for the purpose of locating the county seat of said Franklin County, on the first Monday of April, 1858, and the place having a majority of all the votes cast shall be declared the permanent county seat.

SEC. 2. That the returns of said election shall be made to the Probate judge of said county within four days after said election, and said vote shall be canvassed by said Probate judge the next day thereafter, and such result declared by said judge.

Probate judge

to canvass re

turns and de

clare result.

move to counts

SEC. 3. That the officers of said county shall, within thirty Officers to redays after the location of said county seat, remove their respec- seat. tive offices to the place thus designated.

judges.

SEC. 4. That the election precincts heretofore established by Precincts and law shall remain the same, and the judges of election of the fourth of January, 1858, constituted, and empowered, and authorized to hold and conduct the said election.

[Signed,]

G. W. DEITZLER,

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

President of the Council.

Approved February 12, 1858.

J. W. DENVER, Acting Governor.

Removed to Leavenworth city.

Officers required to remove their offices.

Election to be hold when.

May be contested how.

CHAPTER XIX.

COUNTY SEAT OF LEAVENWORTH

COUNTY.

AN ACT removing the County Seat of Leavenworth 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 Leavenworth is hereby removed to and located at the city of Leavenworth, and all officers required by law to keep their offices at the county seat, shall, within twenty days after the passage of this Act, remove their offices to said city of Leavenworth, together with all the papers, records and books belonging to the same; and all official business required by law to be transacted at the county seat shall be transacted at the county seat hereby located. SEC. 2. At the next general election for members of the House of Representatives of the Legislative Assembly of this Territory, all the legal voters of said county shall be allowed to vote for the place of their choice, for a permanent location for the seat of justice of said county, by having written or printed, on the ballot they shall vote at said election, the name of such place, and the place receiving a majority of votes cast for county seat, shall be the permanent county seat of said county.

SEC. 3. Said election for county seat may be contested in the same manner, and under the same regulations, as are provided for contests for the office of sheriff, so far as the same may be applicable.

SEC. 4. All acts and parts of acts inconsistent with the provisions of this Act are hereby repealed.

This Act shall take effect and be in force from and after its

passage.

[Signed,]

G. W. DEITZLER,

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

President of the Council.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

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AN ACT Locating Permanently the County Seat of Riley County.

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

located.

ed to move their

SECTION 1. That the County Seat of Riley County is hereby County seat located at Manhattan City, and that all county officers required Officers requir by law to hold their offices at the county seat, are hereby author- offices. ized and required to move their offices, records, books and papers to the county seat thus established, on or before the first Monday in February next after the passage of this Act; and that all proceedings, judicial or otherwise, required by law to be transacted at the county seat, shall hereafter be transacted at the said Manhattan City.

neglect to move

SEC. 2. That if any of the officers of said county shall neg- Penalty for lect or refuse to obey the requirements of this last section, they shall be liable to a fine of twenty-five dollars for each day that they, or either of them, shall so neglect or refuse to obey said requirements; said fine to be sued for and recovered in any court in this Territory, by any person, and one half of said fine to go to the complainant and the remainder to the county.

county build

selected.

SEC. 3. The public grounds whereon the county buildings Grounds for shall be erected, shall be selected and located by the County ings, by whom Commissioners of said Riley county, at the expense of said county.

SEC. 4. The Secretary of [the] Territory is hereby instructed to furnish the County Commissioners and Probate judge of Riley county, each, with a copy of this Act, immediately after the passage of the same.

SEC. 5. All laws and parts of laws heretofore passed upon this subject, are hereby repealed.

This Act to take effect and be in force from and after its

passage.
[Signed,]

G. W. DEITZLER,

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

President of the Council.

Approved, January 30, 1858.

J. W. DENVER,

Acting Governor.

Secretary of quired to furthis Act to the

Territory re

nish a copy of

Probate judge.

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Persons ap pointed to take

census.

Duties of the

persons appointed.

Compensation.

Penalty for interference.

Probate Court

to have exclu

tion.

and Potosi, in the county of Linn; of the county of Marshall, and of the county of McGee, at the earliest practicable period, and in the manner hereinafter prescribed.

SEO. 2. The following persons are hereby appointed Commissioners to take said census, viz: Scott J. Anthony and Columbus Crane, for the township of Kickapoo; Benj. F. Dare and Chas. Mayo, for the township of Oxford; Chas. Mayo and Samuel M. Cornatzer, for the township of Shawnee; Dr. J. Eagles and Caleb Woodworth, Jr., for the township of Walnut; J. C. Danford and Wm. Emerson, for the townships of Tate and Potosi ; A. G. Barrett and Dan. C. Auld, for the county of Marshall, and Wm. R. Griffith, for the county of McGee; who, before entering upon the discharge of their duties, shall take an oath, faithfully to discharge their duties under the provisions of this Act.

SEC. 3. It shall be the duty of each of the persons appointed by this Act, to visit every dwelling, cabin, tent or building in which he can find inhabitants, and take the name of each inhabitant as provided in the first section, specifying the date of his settlement. They shall have power to administer oaths, and may require any person within the township in which they are authorized to take the census, to swear to the date of his settlement, particularly interrogating him as to whether he was an inhabitant prior to the fifth day of April, A. D. 1857.

SEC. 4. Each person appointed under this Act shall be entitled to five dollars per day for each day actually employed in the discharge of his duties under this Act, to be paid out of the Teritorial treasury.

SEC. 5. That any person who shall attempt, by intimidation, threats or menace, to interfere with the Commissioners appointed to take this census, shall be guilty of a misdemeanor, and on conviction, punished by fine of not less than fifty dollars, or imprisonment not less than thirty days, or both, at the discretion of the court.

SEC. 6. That in all cases arising under this Act, the Probate sive jurisdic- Courts shall have original and exclusive jurisdiction; Provided, however, that in all cases arising under the provisions of this Act, preliminary examinations may be held before any justice of the peace, or before the Probate judge of the proper county; and the Probate judge shall be empowered to issue writs of arrest, and hold persons charged with violations of this Act, until trial can be proceeded with, and their guilt or innocence established.

returns to be

SEC. 7. It shall be the duty of the Governor, the President of Copies of the the Council, and the Speaker of the House, forthwith, upon the sent to whom. receipt of the census returns provided for in this Act, to forward certified copies thereof to the President of the United States, and to the presiding officers of both Houses of Congress, and the Delegate in Congress from the Territory of Kansas.

That all Acts and parts of Acts in conflict with this Act, are hereby repealed.

This Act to take effect and be in force from and after its

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AN ACT for the maintenance and support of Illegitimate Children.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

any unmarried justice of the peace.

woman before a

SEC. 1. That on complaint made to any justice of the peace Proceedings on of this Territory, by any unmarried woman, or married woman complaint of deserted by her husband, resident therein, who shall hereafter be delivered of a bastard child, or being pregnant with a child which, if born alive, may be a bastard, accusing, on oath or affirmation, any person of being the father of said child, the justice shall take such accusation in writing, and thereupon issue his warrant directed to the sheriff, coroner or constable of any county of this Territory, commanding him forthwith to bring such accused person before said justice to answer to such complaint, and on return of such warrant, the justice, in presence of the accused person, shall examine the complainant under oath, respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any questions he may think necessary for his justification, all of which questions and answers, together with every part of the examination, shall be reduced to

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