corporate limits of said city of Atchison, said authorities may, by ordinance, declare said inhabitants and the land designated, to be a part and parcel of said city, which ordinance shall be in force in thirty days after the publication of the same, as other ordinances are published..

tion.

SEC. 35. That a special election shall be held in the town of Special elecAtchison as soon after the passage of this Act as may be consistent, to be determined by the judges of election hereinafter provided to take the sense of the qualified voters thereof upon the question, whether they will accept this charter of incorporation, hereby conferred upon them, or not. At said election, polls shall be opened at the usual place of voting in said town, which shall be headed as follows, respectively: "Charter," "No charter."

SEC. 36. That Luther C. Challis, Samuel H. Petifish, and Judges. Dr. C. A. Logan, of the town of Atchison, are hereby appointed judges of election to hold the said election, and they shall give at least ten days notice of said election, by ten written or printed notices put up at ten public places in said town, and such judges shall take an oath before some one authorized to administer oaths, faithfully and impartially to discharge their duties as judges of the election, which shall be certified to and filed in the office of the clerk of the Probate Court of Atchison county, and if any of said judges shall, from any cause, fail to attend, the judge, or judges, attending, shall supply such vacancy. SEC. 37. That if a majority of the said voters shall vote for the Acceptance of said charter, then the same judges of election shall proceed as soon as practicable, to hold the first election for a mayor and board of councilmen, under the provisions of said charter, in the same manner and after giving the same notices as are herein provided for the special election; and such judges shall give to each of the persons elected, mayor or councilmen, a certificate of his election.

charter.

SEC. 38. That all free male persons of the age of twenty-one Voters. years, and who shall have resided within the limits of the city of Atchison for three months next preceding an election, shall be entitled to vote at all elections of town or city officers, and no property qualifications shall be required of any person to render him eligible to any office in the aforesaid city of Atchison.

SEC. 39. That all Acts and parts of Acts inconsistent with Acts repealed. this Act, are hereby repealed.

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

Boundaries of eity of Elwood.

Names of trustees,

Powers conferred.

Powers, privileges, &c., of

CHAPTER LXXVIII.

CITY OF ELWOOD.

AN ACT to Incorporate the City of Elwood.

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

SECTION 1. That the corporate limits of the city of Elwood, shall commence at a point on the Missouri river on the section line between sections twenty-five (25) and twenty-six (26,) township No. 3, south of range No. 22, east of the 6th principal meridian, running thence due south on said line to the Missouri river, thence up said river following the meanderings of the same to the place of beginning.

SEC. 2. That David S. Lusk, W. S. Lewis, E. Russell, F. B. Ellsworth, J. B. Chaffee, A. S. Lee, or a majority of them, are hereby made and constituted a board of trustees for the organi`zation and government of said city, with all the powers conferred on corporate bodies, by any law now or hereafter to be enforced within this Territory; and such board of trustees shall have power to fill any vacancy that may occur in their board.

SEO. 3. That all the powers, privileges, rights and provisions an act incorpo- of an act passed at the Legislative Assembly in 1855, entitled rating Leavenworth city, "An Act to incorporate the city of Leavenworth," be, and are hereconferred. by conferred on the city of Elwood, and the said city of Elwood is hereby authorized and empowered to proceed under the provisions of said charter as fully and absolutely as if the same had been in the same act specially applied to the said city of Elwood. SEC. 4. That so far as the section 3, in the Leavenworth charharter applied ter, applies to the city of Elwood, shall be, and is hereby amended so as to consist of six members of councilmen instead of nine.

Section 3 of
Leavenworth

ed.

SEC. 5. That so far as section 18 in the Leavenworth charter Section amendapplies to the city of Elwood, it shall be, and is hereby amended by inserting one hundred per cent. per annum instead of twenty. SEC. 6. That an act entitled "An Act to incorporate the city Act repealed. of Roseport," January 28, 1857, be and the same is hereby repealed.

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

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That all that Territory embraced within the fol- Boundaries of lowing legal subdivisions, to wit: The south-east and the south- Geary City. west fractional quarters of section twenty-six, and the east half of the south-east quarter in township four (4) of range twentyone, shall be known and called Geary City, and the inhabitants thereof are hereby constituted a body politic by the name of Geary City, and by that name shall be known in law, sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity, and in all actions, pleas and matters whatsoever, may grant, purchase, hold and receive property, real and personal within such town, and may lease, sell and dispose of the same for the benefit of the town, and may have a common seal, and break and alter the same at pleasure.

tees.

SEO. 2. That M. L. Clutter, R. J. Porter, Joseph Thompson, Names of trusJohn Pickard and J. L. Roundy, are hereby appointed the first board of trustees for said town, who shall continue in office until their successors are elected and qualified. Said trustees shall, before entering upon the duties of their office, respectively take

Trustees to take oath.

Election when held.

be

an oath to support the constitution of the United States, and perform the duties of their office with fidelity, which oath may taken and subscribed before the Probate judge, or any justice of the peace of the county of Doniphan, and shall be filed among the other papers of the incorporation.

SEC. 3. That the election for trustees shall be held on the first Monday of April, A. D. 1858, and every year thereafter, and any free white male citizen of the United States, who shall have Qualification attained the age of twenty-one years, and be an inhabitant of said town, for thirty days next preceding the election, shall be eligible to the office of trustee, and entitled to vote.

of voters.

Powers of chairman of board.

Of city scrip.

Disposal and

conveyance of lots, &c.

President to acknowledge plat of the town.

SEC. 4. That the chairman of the board of trustees, shall have all the powers and privileges of a justice of the peace, within the corporate limits of said town, in all matters arising under the ordinances of said corporation, and he shall sit on the trial of violations of the ordinances, and shall receive the same fees as a justice of the peace for like services: Provided, that in all such cases, either party shall, on demand, be entitled to a jury of six good and lawful men, and also an appeal on the same terms and conditions, as appeals are allowed by law from a justice of the peace.

SEC. 5. That so much of the act passed at the session of the Legislature of 1855, entitled "An Act for the incorporation of Towns, and to prevent the circulation of city scrip," as is consistent herewith, is hereby extended to, and applied to Geary City.

SEC. 6. That the disposal of the lots in said town, belonging to the Geary City Association, or for which they are obligated to make a title, and the proceeds of the sales thereof, shall be in accordance with the by-laws of said association, and all deeds for the conveyance of said lots, shall be made and executed, according to the provisions of the act of 20th February, A. D. 1857, entitled "An Act to incorporate the Geary City Association."

SEC. 7. That the acknowledgment, by the president of the Geary City Association, before a notary public, of the map or plat of said city, which is required to be filed in the office of the recorder of the county, shall be held and deemed a sufficient acknowledgment thereof: Provided, that if said plat is so acknowledged and filed in the proper office, within thirty days from the passage of this Act, the previous neglect to file the same, shall in no way affect the title to lots in said town.

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

AN ACT entitled "An Act to repeal An Act, entitled An Act to Charter the City of Lawrence."

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

SECTION 1. That an act entitled "An Act to incorporate the Act repealed. city of Lawrence," approved February 23, A. D. 1857, be, and

the same is hereby repealed.

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

AN ACT entitled "An Act to legalize the Charter and City Government of the
City of Lawrence."

Whereas, the citizens of Lawrence did, on the thirteenth day of July, 1857, enact a charter for the city of Lawrence, as follows: