enter it.

judges of any county court, refuse, on application of any person town site may interested, to enter any town site, or be an adverse claimant of any portion of any town site, any person interested in said town site shall have the right to use the name of such officer for all purposes in the entry of such town site.

when the right land piece of land shall proceeding.

to any lot or

SEC. 7. That whenever the right to any lot or piece of land is contested, the person whose duty it is to convey such under the provisions of this Act, shall have power, and it be his duty to hear and determine the rights of the respective claimants, to administer oaths to witnesses, to summon and compel the attendance of the same, and to punish witnesses for contempt in refusing to appear or testify, in like manner as justices of the peace, in cases in which they have jurisdiction.

is contested,

may appeal to District Court.

SEC. 8. That either party shall have the right to appeal from Either party auy decision rendered against him, as provided in the preceding section, to the District Court of the proper district, by executing bond, with security for the costs of such appeal, at any time within ten days of such decision; and such applicant shall give to the adverse party notice of such appeal, in writing, at least twenty days before the next term of such court, if such term be more than forty days after such decision; if such term be less than forty days after such decision, such notice shall be given at least thirty days before the next succeeding term of said court, and such cause shall be for trial at such term, unless continued for cause.

duty

such

shall certify a

SEC. 9. That on such appeal being taken, it shall be the of the officer to certify a transcript of his proceedings in cause, to the District Court, and to suspend the execution of deed to the land in dispute, until the decision of such appeal is made in the District Court.

any

transcript of
of his proceed-

ofs to the Dis-
trict Court.

When thejudge land entered to

shall convey

trustees.

SEC. 10. That the judge aforesaid shall, on application of the parties laying out such town site, convey to trustees, appointed by them for that purpose, the entire piece or parcel of land so entered by them, to be conveyed by said trustees as the person laying out such town site shall direct. For every such deed, the Fees of judge judge shall receive the sum of ten dollars, and for his services in site, &c. entering such town site, the sum of five dollars for every day actually employed in making such entry.

for entering

to execute deed

pelled by man

SEC. 11. That if any officer refuse, on demand, to execute If officer refuse any deed as required by this Act, the party entitled to the land he may be com may compel the execution of such deed by mandamus from the damus. District Court of the proper district.

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

Trusts con

cerning lands

CHAPTER LXXIII.

TRUSTS AND POWERS.

AN ACT Concerning Trusts and Powers.

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

SECTION 1. That no trust concerning lands, except such as shall be created may arise by implication of law, shall be created, unless in writing, signed by the party creating the same, or by his attorney thereto, lawfully authorized in writing.

in writing.

No such trust shall defeat the title.

Record of such

trust shall be

thereof.

No person interested can

SEC. 2. That no such trust, whether implied or created, shall defeat the title of the purchaser for a valuable consideration, and without notice of the trust.

SEO. 3. That the record of such trust, in the proper county, deemed notice shall be deemed actual notice thereof to every person claiming under a conveyance made or lien created, after such recording. SEC. 4. That no person, Leneficially interested in a trust for dispose of such the receipt of the rents and profits of lands, can dispose of such interest, unless the right to make disposition thereof is conferred by the instrument creating such trust; but the interest of every person for whose benefit a trust for the payment of a sum in gross is created, is assignable.

interest unless.

Sales in contravention of a trust void.

When conveyance is void.

SEC. 5. That every sale, conveyance, or other act of a trustee, in contravention of a trust, shall be void.

SEC. 6. That when a conveyance for a valuable consideration is made to one person, and the consideration therefor paid by another, no use or trust shall result in favor of the latter, but the title shall vest in the former, subject to the provisions of the next two sections.

ance deemed

SEC. 7. That every such conveyance shall be presumed fraud- When conveyulent, as against the creditors of the person paying the consider- fraudulent. ation therefor; and where a fraudulent intent is not disproved, lent intent is a trust shall in all cases result in favor of prior creditors, to the not disproved, extent of their just demands, and also in favor of subsequent prior creditors. creditors, if there be sufficient evidence of fraudulent intent.

When fraudu

the trust re

lute convey

name.

SEC. 8. That the provisions of the section next before the last When the provisions not to shall not extend to cases where the alienee shall have taken an extend to absoabsolute conveyance in his own name, without the consent of the ance in his own person with whose money the consideration was paid; or where such alience, in violation of some trust, shall have purchased the land with moneys not his own; or where it shall be made to appear that, by agreement, and without any fraudulent intent, the party to whom the conveyance was made, or in whom the title. shall vest, was to hold the land, or some interest therein, in trust for the party paying the purchase money, or some part thereof.

money to a

sponsible for

SEC. 9. That no person who shall, in good faith, pay money Parties paying to a trustee, authorized to receive the same, shall be responsible trustee not refor the proper application of such money, nor shall any right or his act. title, derived by him from such trustee, in consideration of such Fraud on the payment, be called in question, in consequence of misapplication not to invaliby the trustees of such money.

part of Trustoo

date title.

shall appoint

successor.

SEO. 10. That upon the death of a sole or surviving trustee When court of an express trust, the same shall vest in the court having jurisdiction thereof, and such court shall forthwith appoint a successor, in whom the trust shall vest.

Court may ao

may be remov

ed.

SEC. 11. That upon petition of any trustee of an express cept resignatrust, a court having jurisdiction may accept his resignation and tions. discharge him from the trust, upon such terms as the rights of the persons interested in the execution of the trust may require. SEC. 12. That trustees having violated or attempted to violate trustees any express trust, or becoming insolvent, or of whose solvency, or that of their sureties, there is reasonable doubt, or for other cause, in the discretion of a court having jurisdiction, may, on petition of any person interested, after hearing, be removed by such court; and all vacancies in express trusteeships, may be filled by such court.

When the title trustee, and

is void as to

title vests in

SEC. 13. That a conveyance or devise of lands to a trustee, whose title is nominal only, and who has no power of disposition or management of such lands, is void as to the trustee, and beneficiary. shall be deemed a direct conveyance or devise to the beneficiary.

When revocation is reserved, title to be deemed abso

SEC. 14. That a grantor of lands, reserving an absolute power of revocation, shall be deemed an absolute owner, as regards

lute in grantor. creditors and purchasers.

Exercise of unauthorized power not to destroy actual

power created.

Woman's rights.

Trusts irrevoc

able without a

SEC. 15. That no disposition by virtue of a power shall be void on the ground that it is more extensive than was authorized by the power; but every estate or trust so created, so far as embraced by the terms of the power, shall be valid.

SEC. 16. That a general and beneficial power may be given to a married woman to dispose of or devise, without the concurrence of her husband, lands conveyed or devised to her in fee.

SEC. 17. That every power, beneficial or in trust, shall be reserve is made irrevocable, unless an authority to revoke it is reserved in the instrument creating the same.

in instrument.

Of powers to

sell land under mortgages.

Not to extend

to specific pow.

SEC. 18. That where a power to sell lands shall be given to the grantee, in any mortgage or other conveyance intended to secure the payment of money, the power shall be deemed a part of the security, and shall vest in any person who shall become entitled to the money so secured to be paid.

SEC. 19. That the provisions of this Act relative to powers ers of attorney shall not extend to a simple power of attorney to convey lands,

to sell for another.

Names of
Lodges, Socie-

ties, &c.

CHAPTER LXXIV.

TRUSTEES.

AN ACT to Enable Trustees to Receive Lands and Donations, and Convey the same for the Use of Schools, Churches, Religious Societies, Masonic and Odd Fellow Lodges, Sons and Daughters of Temperance, and for the Construction of Cemeteries, Houses of Worship, or other Buildings therein mentioned.

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

SECTION 1. That any persons, congregations, society, church, or any Lodge of Free Masons, or Odd Fellows, whether chapter,

purchase or

and land.

encampment or subordinate, and any Temple, or Division of the Sons or Daughters of Temperance, and any other volunteer association for religious, educational, scientific or benevolent purposes, may take, by purchase, grant, or devise, lots or tracts of May hold, by land not exceeding one hundred and sixty acres, upon which to otherwise, lots erect buildings for religious worship, or for such other purposes as will best attain the objects of said several organizations; and for that purpose may elect not less than three nor more than five May elect trustrustees, who shall possess the powers and perform the duties. herein named.

tees.

society.

SEC. 2. That the word society, in this Act, shall be deemed Definition of to include churches, associations, congregations, lodges, divisions, and all other orders enumerated in the preceding section.

given of elec

SEC. 3. That notice of election for trustees shall be given at Notice shall be least ten days previous thereto, by publication in a newspaper of tlon of trustees. the county, if any; otherwise, by posting such notice in three public places in the proper township, one of which shall be at the place of the proposed election. Such notice shall state the time, place and object of such election; and the same shall be held at the usual place of worship or meeting of such society, if any there be.

clerk.

SEO. 4. That such society, at the first and every subsequent Shall appoint a election, shall appoint a clerk thereof, who shall take, count and Duty of clerk. make a poll list of the votes given for trustees; and within ten days thereafter, shall deposit in the recorder's office of the county where the real estate granted is situate, a certificate, setting forth the notice of such election, the time and place where the same was held, the name of the society, and persons elected as trustees thereof; and the recorder of such county shall record the same among the records of deeds in his office.

of persons

estate.

SEC. 5. That as between such society, the trustees thereof, of certificates and all persons claiming under them, and any person granting granting real real estate thereto, and all persons claiming under him, such certificate shall be conclusive evidence of the matters and things therein recited; and as between such society, the trustees thereof, and all persons claiming under them, and all other persons, it shall be presumptive evidence of all such matters.

hold their of

SEC. 6. That such trustees shall severally hold their offices Trustees shall until their successors are duly chosen, according to the rules of fices until whea such society; and any society, by a majority vote, at a meeting Society may reof two-thirds of the resident members thereof, notice being as aforesaid, may remove such trustees, and elect others in their stead.

move trustees.