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CHAPTER LXXXVII.

CITY OF PALERMO.

AN ACT to amend an Act entitled "An Act to Incorporate the City of Palermo,
Kansas Territory." Approved February 14, 1857.

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

SECTION 1. That the boundaries of the City of Palermo, as Act amended. defined in section first of an act entitled "An Act to Incorporate

the City of Palermo," approved February fourteenth, A.D. 1857,

are hereby amended and altered, so as to read as follows, to wit: Boundaries of Beginning at that point in the middle of the main channel of the ermo. Missouri river, which is in a right line with the north line of the town of Palermo, as platted and recorded according to law; thence running in a right line, and in a north-westerly direction, to the north-west corner of said town; thence running in a southwestern direction, on the western line of said town of Palermo, to the southern line or side of said town; thence running on the southern line of said town, and in the direction of said southern line, to the middle of the main channel of the Missouri river; thence running up the middle of the main channel of said river to the place of beginning.

cilmen--num

SEC. 2. That the board of councilmen, provided for in the fifth Board of counsection of said act, shall consist of seven members, instead of five, ber. as is therein provided.

held for mayor

and council

men.

SEC. 3. That there shall be a special election held on the first Election to be Monday of March, A.D. 1858, to elect a mayor (the office of which is now vacant,) and the two additional councilmen provided for in the second section of this Act. Ten days notice shall be given of such election, by proclamation, as provided for by law, in case of vacancies. Said mayor and councilmen then elected. shall hold their offices until the next annual election of officers Term of office. for said city of Palermo.

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

[blocks in formation]

City of Quindaro incorporated.

Boundaries.

Of wards, &c.

Eligibility to the office of alderman.

Common council not to diminish the

number of aldermen.

City officers.

CHAPTER LXXXVIII.

CITY OF QUINDARO.

AN ACT Incorporating the City of Quindaro.

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

TITLE I.

Of the Boundaries of the City of Quindaro. SECTION 1. The district in the county of Leavenworth, contained within the boundaries hereinafter described, shall be a city by the name of Quindaro, and the citizens of Kansas from time to time, inhabitants within the said boundaries, shall be a corporation by the name of the City of Quindaro.

SEC. 2. The boundaries of the city of Quindaro shall be as follows, to wit: Commencing at the south-west corner of the south-east quarter of section thirty-six, thence east two and onehalf miles, to the south east corner of section thirty-two; thence north, about two miles, to the middle of the Missouri river; thence up, along the middle of said river, to a point due north of the place of beginning; thence south, to the place of beginning, containing more or less.

SEC. 3. The district described within the boundaries mentioned in section second of this title, shall constitute one ward in the city, for the purpose of the first election; but the common council shall, thereafter, be invested with full power to subdivide the city into wards, in such manner as it may deem best, and make an apportionment for the election of aldermen therein, in which case, each ward shall be an election district, and no person shall be eligible to the office of alderman, unless he be, at the time of his election, a resident clector of the ward in which he shall be elected, and in no case shall the number of wards excel the number of aldermen provided for by this Act.

SEC. 4. Nothing contained in the section third of this title, shall give the common council power to increase or diminish the number of aldermen provided for by this Act.

TITLE II.

Of the Officers of the City - Their Appointment and
Election.

SECTION 1. The officers of the city to be elected by general ticket, shall be the mayor, city recorder, who is hereby declared

a justice of the peace, comptroller, treasurer, city attorney, city surveyor, superintendent of schools, nine aldermen, city marshal, three assessors, three constables, three inspectors of election, one coroner and city clerk.

SEC. 2. No person shall be eligible to any office, mentioned Eligibility, in the first section of this title, unless he be, at the time of his election, a resident elector of the city, and if any person, elected to any city office, shall cease to be a resident of the city, or ward, as the case may be, such office shall thereby be vacant.

tion.

SEC. 3. The annual city election shall be held on the first Annual elecTuesday of February.

inspectors of

SEC. 4. At subsequent annual elections, each election district Assessors and shall be entitled to one assessor and three inspectors of election, election. but as long as the city remains one election district, nothing herein contained shall deprive such district of three assessors.

Clerk to give

SEO. 5. The city clerk shall give notice in writing of every notice of eleeannual city election, to the inspectors of elections of the several tion. election districts of the city, at least eight days before the day of election, and shall also publish a notice thereof in the city paper, specifying the time of election, the places of holding the polls in the several election districts, the time of opening and closing the polls, and a list of all the officers to be elected.

ducted.

SEC. 6. The inspectors shall proceed, in each district, in the Polls, how conmanner required by the laws of this Territory, relating to the elections for members of the Legislature. Upon closing the polls, the inspectors shall, forthwith, without adjournment, canvass the votes received by them, and shall, on the same or next day, make, certify and file with the city clerk a statement of the result, specifying the whole number of votes given for each officer, and the number of votes given for each person for each office.

ment of term

SEC. 7. The term of all officers elected under the provi- Commencesions of this Act, except officers to fill vacancies, shall com- of office. mence on the first Monday next succeeding their election.

SEC. 8. The term of office of all officers elected or appointed Term of office. under the provisions of this Act, shall be one year, and until their successors shall enter upon their respective duties of office. Officers elected to fill vacancies, shall enter upon the duties of their office upon taking the oath of office, and upon the approval of the security, if any required, under the provisions of this Act.

SEC. 9. The common council shall convene at some place to

council shall

convene.

When common be provided for by the mayor elect, at nine o'clock in the forenoon of the Monday next succeeding the first Tuesday of February of each year.

Shall canvass returns of election, &c.

SEO. 10. The common council shall thereafter meet on the first Monday next succeeding the first Tuesday of February of each year, at the hour specified in the last preceding section, at their usual place of meeting, and the city clerk shall lay before them, the certificates of the inspectors of elections, filed with him, and a tabular statement of the result of the preceding elections; and the common council shall forthwith canvass the returns and determine and certify, in the manner provided for by law, who were duly elected [at] the said election to the various offices. The said certificate shall be made in duplicate, one of which shall be filed in the county clerk's office, and the other shall be Shall take oath filed and recorded in the city clerk's office. The mayor and aldermen elect, and such officers elect as may be present, shall thereupon take the oath of office, and the common council shall thereupon be dissolved, and the terms of office of all officers of the city previously appointed or elected, shall determine upon the induction into office of their successors. The common council shall determine, by resolution, the time and place of its regular meetings, during the year.

.of office.

Vacancy, how filled.

Of special elections.

SEC. 11. If a vacancy occurs in any elective office provided for by this Act, the common council may appoint some person, eligible under the provisions of this title, to fill such office until one shall be elected and qualified for the office, and the common council may, in its discretion, order a special election to fill such

vacancy.

SEC. 12. Notice of a special election shall be given by the city clerk, to the inspectors of election, of the election districts in which the polls are to be opened, and in the city paper, and the inspectors shall conduct such election, and certify and file their returns in the same manner as though the election were an annual one; and the common council, immediately after the election, shall meet and determine, and certify the result, and cause their certificate to be filed and recorded, as hereinbefore provided. SEC. 13. The common council shall, on the first Monday next point officers. succeeding the first Tuesday of February in each year, or as soon thereafter as practicable, appoint by ballot the following named officers, to wit: Health physician, one pound keeper, one sexton, and if the council shall deem best, one keeper of cemetary or burial ground, one sealer of weights and measures, and one scav

Common council shall ap

enger, who shall be removable at the pleasure of the common council, and for whose official acts or omissions, their respective sureties, if any, shall be liable on their official bonds.

bonds,

SEC. 14. All officers elected or appointed under the provisions Officers to give of this Act, or as many thereof as may be required by the common council, shall severally execute and file with the city clerk a bond to the city of Quindaro, in such sum as shall be fixed by the common council, and with such sureties as the mayor and common council shall approve, conditioned for the faithful per- Conditions. formance of the duties of their respective offices. The common council shall impose and insert such other conditions in such bonds, as the public interest shall require.

notify officers

tion.

SEC. 15. The city clerk shall, as soon as practicable, cause City clerk shall every officer, whether elected or appointed, to be served with a of their elecwritten notice of his election or appointment, and of the amount of his official bond; and if any such officer shall, for five days after Office may be such notice, neglect to take and file with said city clerk the oath cant. of office, or to perfect and file with said city clerk his official bond, the common council may declare the office vacant.

declared va

ties of marshal

SEC. 16. Every person elected to the office of marshal and Powers and duconstable, under the provisions of this Act, shall have power, and constable. and it shall be their duty, to serve any summons, warrant, subpœna, order, notice, paper or process whatever, issued or directed by the city recorder, any justice of the peace, resident within the limits of said city, recorder, court or officer whatever, in the execution of the laws of this Territory, for the prevention of crime and the punishment of criminal offenders, or of the police laws and regulations of the Territory or city, in any proceeding, collateral to, or connected with the execution of such general laws, and police laws and regulations. Said constables shall, also, have the same power to act in any civil matter, as constables now have under the laws of Kansas. They shall also perform such other duties, not inconsistent with this Act, as the common council, shall from time to time, impose upon them.

cil shall exam

of sureties.

SEC. 17. The common council, or the mayor, shall examine Common coun into the sufficiency of the proposed sureties of any officer from ine suficiency whom a bond, or instrument in writing, may be required under this title, and may require the said sureties to submit to an examination, under oath, as to their responsibility and property; such oath may be administered by the mayor, or any alderman of said city. The deposition of the surety or sureties, shall be reduced to writing, be signed by him, certified by the person taking the

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