Board of trustees of common sehools.

Powers of the board.

Of moneys levied and collected for

school purposes

or mulatto persons to attend said school, or either of them, or to receive instruction therein; but all taxes assessed on the property of black or mulatto persons in said city, for school purposes, shall be appropriated as the trustees, hereinafter mentioned, may direct, for the education of black or mulatto persons in said city, and for no other purpose whatever.

SEC. 6. That at the next annual election for city officers in said city, and at each annual election thereafter, the qualified voters of each ward, shall elect two judicious and competent persons, having the qualifications of councilmen, as trustees of common schools, which trustees, elected as aforesaid, shall constitute and be denominated "The Board of Trustees of Common Schools in Leavenworth," who shall hold their office for one year, and until their successors shall be elected and qualified, and fill all vacancies that may occur, in their own body during the time for which they shall be elected, subject to the confirmation of the city council.

SEC. 7. That said board shall have general superintendence of all the common schools, in said city, and from time to time make such regulations for the government and instruction of the children therein, as shall appear proper and expedient. They shall appoint and employ the teachers and instructors for the same, and visit each and every such school as often as once in every month. They shall cause a school to be kept in each district, for the term of six months at least in each year. They shall certify to the city council the correctness of all accounts for expenses, incurred in the support of said schools, and give the teachers employed therein, certificates of the amount due for such services. They shall, at the close of every current year, report to the city council the state and condition of the several schools in said city, as well the fiscal as the other concerns, in relation thereto, and a particular account of their administration thereof : Provided, that no person shall be employed, as a teacher in any of said schools, until he or she shall have been first examined by the board of examiners hereinafter mentioned, and have obtained from said board a certificate of qualifications as to his or her competency and moral character.

SEC. 8. That all money levied and collected in said city for the support of common schools, shall be paid into the city treasury, which money shall be kept in the city treasury, as a separate and distinct fund, and the same shall not be applied, under any pretence whatever, to any other use than that for which it was

levied and collected; and separate and particular accounts of the receipts and expenditures thereof, shall be kept by the treasurer, in a book to be provided for that purpose.

SEC. 9. That a majority of all the members of said board Quorum. shall constitute a quorum for transacting the business thereof.

seat may be

declared va

cant, when.

SEC. 10. That if any member of said board shall absent himself A member's from the regular meetings of said board for six successive weeks, unless by reason of sickness or absence from the city, or by consent of said board, his seat shall be declared vacant.

SEC. 11. That it shall be the duty of the city council, to appoint five persons, residents and citizens of said city, of competent learning and abilities, as examiners of said schools, and of the qualifications of the teachers thereof, who shall be denominated, "The Board of Examiners of Common Schools in Leavenworth," who shall hold their office for two years; and all vacancies in said board shall be filled by the city council, as they may occur.

Board of exampointed.

iners to be ap

of examiners.

SEC. 12. That it shall be the duty of said board of examiners, Duty of board to examine the qualifications, competency and moral character of all persons desirous of becoming teachers in said schools, or any of them, a majority of whom, can grant certificates thereof, to such as in their opinion may be entitled to receive the same. They shall from time to time strictly examine all said schools, the discipline and course of instruction in each, and shall make a report of all their proceedings, and of all matters pertaining to the duties of their office, as often as once in each year to the city council.

Council shall

fix rules &c.,

for the govern

ment of schools

SEC. 13. That the said city council shall fix by ordinance, such rules and regulations, for the government of said schools, and for the duties of the boards of trustees and examiners, as may be necessary to carry the provisions of this Act fully into effect. SEC. 14. That an act entitled "An Act to Incorporate the Act repealed. City of Leavenworth, Kansas Territory," and all acts amendatory thereto, are hereby repealed.

confirmed.

SEC. 15. That all the ordinances and by-laws of said city, Ordinances &c. now in force, shall be in full force and effect, under this Act, and all rights acquired under said Act, are hereby confirmed and continued by this Act.

appointed.

SEC. 16. That all officers in said city, provided for in this Act, Officers to be which were not provided for in the act to which this is a substitute, shall be filled by appointment of the city council: Provided, that the number of councilmen shall not be increased until the next annual election for city officers.

This act a public act.

SEC. 17. That this Act is hereby declared a public act, and shall be in full force and effect 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.

City council authorized to subscribe.

Proviso.

If the vote is in favor of the loan.

City may issue bonds.

Proviso.

If bonds be issued, duty of city council.

CHAPTER LXXXV.

CITY OF LEAVENWORTH TO SUBSCRIBE STOCK.

AN ACT.0 Authorize the City Council of the City of Leavenworth to subscribe stock to the Leavenworth and Hannibal Railroad Company.

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

SECTION 1. That the city council of the said city be and they are hereby authorized, in their corporate capacity, to subscribe to the capital stock of said company any sum, not to exceed three hundred thousand dollars; Provided, that they shall not subscribe stock in said company until they first submit the proposition with the amount desired to be subscribed, to the qualified voters of said city, submitting the question for and against such loan or subscription.

SEC. 2. That upon such submission, if the vote shall be in favor of the loan, the said city council shall be authorized to subscribe the amount authorized under such vote, as stock in said company, to be paid for in such manner as the said city council and said company shall agree upon.

SEC. 3. Should it be determined upon by the said company to take the bonds of said city, in place of money, to be placed in the market for sale to raise money, it shall be in the discretion of the city council to issue her bonds and place them in the market; Provided, that they can be sold so as to net to the company not less than ninety cents on the dollar. Said bonds may be issued to draw a rate of interest not to exceed ten per cent. per annum.

SEC. 4. Should the bonds of the city be issued, it shall be the duty of the city council, by ordinance, to make provisions to pay

the interest punctually, annually or semi-annually, as the case may be. The said bonds shall not be issued for a longer period than thirty years. Said city council shall, by ordinance, also provide means for the payment of said bonds when they fall due.

sue certificates

SEC. 5. At the time of issuing such bonds, it shall be the duty Company to isof the city council to require the company to issue to the said of stock. eity council certificates of stock in said company for the full amount of the bonds issued.

Council.

SEC. 6. It shall be the duty of said city council to make all Duty of city ordinances necessary to carry into effect the provisions of this Act, so as to secure to the city and company the full benefits of the same.

Shall appoint

resent said city.

SEC. 7. It shall be the duty of the said city council to appoint agents to repone or more agents to represent the said city at all elections for directors of said company, which said agent shall act as proxy or proxies for the city; and such one of them as shall be appointed for that purpose, shall cast the vote of the city; and such agent or agents, who shall not be more than two, shall be eligible to any office in the company, by reason of such appoint

ment.

SEC. 8. This Act shall be a public Act, and take effect and be in force from and after its passage.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

Olathe.

SECTION 1. That all that Territory embraced within the fol- Boundaries of lowing legal sub-divisions, to wit: The south-east quarter of section 26, township 13, range 23 east, and the north-east quarter of section 35, in township 13, range 23 east, shall be known

Privileges of the city.

Powers, privil

eges, &c., of an

ing Leaven

worth city conferred.

as, and be called the City of Olathe, and by that name shall be known in law, may have perpetual succession, may sue and be sued, implead and be impleaded, defend and be defended in all courts of law or equity within this Territory or elsewhere, may have a common seal, and the same may be altered or changed at pleasure, and shall have all the powers and privileges usually granted, or by any law of this Territory given to incorporate bodies.

SEC. 2. All the powers, privileges, rights and provisions of act incorporat- an act entitled "An Act to Incorporate the City of Leavenworth," shall be conferred on the said city of Olathe; and the said city of Olathe 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 Olathe.

Election for mayor and

SEC. 3. That an election shall be held on the first Monday of councilmen. April A.D. 1858, in the city of Olathe, for a mayor and board of councilmen, under the provisions of said charter.

Names of judges of election.

ducting elec

tion.

SEC. 4. That S. F. Hill, Charles Mayo and Nelson H. Wood, are hereby appointed judges of the election, to hold said election; and they shall give at least ten days notice of such election, by five written or printed notices, put up at five public places in said Manner of con- city; and the election shall be conducted according to the provisions of the general election law in this Territory; and such judges shall take an oath faithfully and impartially to discharge their duties as judges of the election, the returns of which shall be certified to and filed in the office of the Probate Court; and if any of said judges shall from any cause fail to attend, the judge or judges attending shall supply such vacancy.

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 February 11, 1858.

J. W. DENVER,

Acting Governor.