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Located at
Minneola.

Officers required to keep their offices at the

ble to the people for the permanent capital of the Territory or of the State hereafter to be erected out of the same; and, whereas, the people of the Territory through their duly elected representatives, by virtue of the Organic Act, have the undoubted right and power to remove at any time the seat of government thereof to such point or place as shall be deemed for the best interest and convenience of the whole people. Therefore,

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

SEC. 1. That the seat of government of the Territory of Kansas, is hereby removed from the town of Lecompton, and hereby permanently located at the town of Minneola in said Territory. SEC. 2. All the civil officers of this Territory, whose residences seat of govern- are required by law to be at the seat of government hereby permanently located and established, and all the officers of this Territory who are required by law to keep their offices at the seat of government, are hereby required to remove their offices, and all books, papers, records and proceedings connected therewith, to the said seat of government, on or before the first day of April next.

ment.

Act repealed.

SEC. 3. That an Act entited "An Act to locate the seat of government," and all other acts and parts of acts locating temporarily or permanently said seat of government, and all laws heretofore passed, requiring certain officers to hold their offices at Lecompton as the seat of government, are hereby repealed, and this Act to be in force from and after its passage. [Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,
President of the Council.

This Bill having been returned by the Governor with his objections thereto, and, after reconsideration, having passed both Houses by the constitutional majority, it has become a law this ninth day of February, A. D. 1858.

[Signed,]

G. W. DEITZLER,

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

President of the Council.

CHAPTER LXIV.

SEAT OF GOVERNMENT.

AN ACT Supplemental to "An Act to Remove and permanently Locate the Seat of Government," passed at the present Session of the Legislative Assembly.

Be it enacted by the Governor and Legislative Assembly of

Kansas Territory:

sup-ed to remove civil their offices not Gov- day of Septem

Officers requir

SECTION 1. That nothing in the Act to which this Act is plemental shall require the Governor, Secretary, and other officers, required by law to hold their offices at the Seat of ernment, to remove their offices, books and papers, as provided in said Act, before the first day of September next. This Act to be in force from and after its passage. [Signed,]

G. W. DEITZLER,

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

President of the Council.

This Bill having been returned by the Governor, with his objections thereto, and after reconsideration, having passed both Houses by the constitutional [majority,] it has become a law this twelfth day of February, A. D. 1858.

[Signed,]

G. W. DEITZLER,

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

President of the Council.

before the 1st

ber.

CHAPTER LXV.

SWINE.

AN ACT to Provide for the Regulation of the Running at large of Swine.

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

Swine to be ning at large

kept from run

SECTION 1. That all persons residing in the Territory of Kansas, and owning swine in said Territory, from and after the first day of April, A.D. 1858, shall keep said swine from running 1858, at large on the commons in said Territory.

after April 1,

If swine suf

fered to run at

large,

all damage done by them.

SEC. 2. That if any swine shall be suffered to run at large responsible for upon the commons in said Territory, and shall trespass upon the land of any person or persons, the owner of such swine shall be liable for all damages the owner of such land may sustain by reason of such trespass.

Damages, how recovered.

After 1st day of April, may be taken up as estrays.

Persons taking

up swine shall

describing

swine, &c.

SEC. 3. That such damages shall be recoverable in a civil action before any justice of the peace of the proper township.

SEC. 4. That if any swine shall be found running at large upon the commons in said Territory, after the first day of April, A. D. 1858, it shall be lawful for any person to take up such swine as estrays..

SEC. 5. That it shall be the duty of the person or persons post up notices taking up any swine under the provisions of this Act, within three days after such taking up, to post up at least three written or printed notices of the said taking up, with a description of such swine so taken up, in three of the most public places in the township in which said swine may have been taken up, and shall file a copy of said notice with one of the justices of the peace in said township, and shall certify under oath the same to be a true description of the swine taken up by him.

Compensation for taking up,

ing care of

SEC. 6. That the person or persons taking up swine under the swine, and tak provisions of this Act, shall be allowed twenty-five cents for each swine so taken up, and a reasonable compensation for taking care of the same.

same.

Owner may pay charges and

claim swine in thirty days.

If owner fail to

pay and prove,

in person taking up the

same.

Proviso.

SEC. 7. That if any swine shall be taken up under the provisions of this Act, and the owners of the same shall, within thirty days of the said taking up, prove the same to be his, and shall pay the charges on the same, he shall have possession of the same.

SEC. 8. That if the owner of any swine taken up under the title shall vest provisions of this Act, shall fail or refuse to prove the same to be his, or shall refuse to pay the charges on the same as provided in this Act, within thirty days after the said swine shall have been taken up, complete title shall vest absolutely in the person or persons taking up the same: Provided, nothing in this Act shall be so construed as to prevent any county in the Territory submitting said question to the people for their rejection, by the application of twelve freeholders to the Commissioners of the proper county, at any regular session of said Commissioners. But no such vote shall be taken at any other time than at the general election, except that the said Commissioners may order an election for said purpose at any time previous to the first day of April, A. D. 1858.

prevent persons swine from one

SEC. 9. Be it further enacted, That nothing herein contained This act not to shall be so construed as to prevent drovers or other persons from from driving driving swine from one place to another, the owner or owners place to anothbeing responsible for all damages that any person or persons may sustain in consequence of the driving of such swine.

er.

SEC. 10. That all acts or parts of acts conflicting with this Acts repealed. [Act.] are hereby repealed.

This Act to take effect and be in force from and after the first

[blocks in formation]

AN ACT to Provide for the Assessment and Collection of Taxes.

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

SECTION 1. All property, real and personal, within this Territory, not expressly exempted therefrom, shall be subject to taxation, in the manner provided by law.

SEC. 2. Real property shall, for the purposes of taxation, be Real property. construed to include the land itself, and all buildings, fixtures and other improvements thereon, and all mines, minerals, quarries and fossils in and under the same; and the terms land and real estate, when used in this chapter, shall be construed as having the same meaning as the term real property.

erty.

SEC. 3. The terms personal property and personal estate, as Personal propused in this chapter, shall have the same meaning and shall, for the purpose of taxation, be construed to include all goods and chattels, moneys and effects, all boats and vessels, whether at home or abroad, and all capital invested therein, all debts due or to become due from solvent debtors, whether on account, contract, note, mortgage or otherwise, all public stock and stocks or shares in all incorporated companies, and such portion of the capital

Property exempt from taxation.

Tand contracts to be sold by

ed, t whom assessed.

of incorporated companies, liable to taxation on their capital, as shall not be invested in real estate.

SEC. 4. The following property shall be exempt from taxation: 1. All property, real and personal, of the United States and of this Territory. 2. All public or corporate property of the several counties, cities, villages, towns and school districts in this Territory, used or intended for corporate purposes, except lands, bid off for counties or tax sales. 3. All personal property exempt by law from execution, not exceeding in value two hundred dollars. 4. The personal property of all literary, benevolent, charitable and scientific institutions, incorporated within this Territory, and such real estate, belonging to such institutions, as shall be actually occupied by them for the purpose for which they were incorporated. 5. All houses of public worship, and the lots on which they are situated, and the pews or slips and furniture therein, every parsonage, and all burying grounds, tombs and rights of burial; but any part of any building being a house of public worship, which shall be kept or used as a store or shop, or for any other purpose except for public worship or for schools, shall be taxed, upon the cash valuation thereof, the same as personal property, to the owner or occupant, or both, and the taxes thereon shall be collected in the same manner as the taxes on personal estate. 6. All public libraries, and the real and personal property belonging to or connected with the same. 7. The property of all Indians who are not citizens, except lands held by them by purchase. 8. The personal property of persons who, by reason of infirmity, age and poverty, may, in the opinion of the assessors, be unable to contribute towards the public charge.

SEO. 5. Land contracts, to be sold by the Territory and not and not convey conveyed, shall be assessed to the person holding the contract or certificate of purchase for the same, or to the occupant; but such lands shall be assessed as personal property and not as real estate, and the tax thereon shall be collected in the manner prescribed for the collection of taxes upon personal property; but the land shall in no case be returned or sold for the non-payment of taxes, and the Territory shall in no case convey such lands until all the taxes upon the same shall be paid.

Amount of debts detached from taxable property.

SEC. 6. The amount of all just debts due from any person, or owing by him, shall be detached from the amount of his personal property, and he shall only be liable for taxation on the balance, subject to the provision of this Act.

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