ficient sureties, to be approved by the mayor, in the penalty of five hundred dollars, conditioned that no distilled or fermented liquors shall be sold by the person, or in the place so licensed, to any minor under the age of eighteen years, or to any person manifestly intoxicated, or to an habitual drunkard, and that the place so licensed shall be kept in a decent, quiet, and orderly manner; that no gambling or playing upon billiard tables or ball alleys, with cards or other device for gaming, be permitted therein, or in any building appertaining thereto.

lation of license.

SEC. 46. That whoever shall do any act, or do or cause or Penalty for vio permit to be done any act in violation of any of the conditions of either the license or bond mentioned in sections forty-four and forty-five of this act, shall for each such offence or violation forfeit the sum of twenty dollars, and shall be deemed to have forfeited his license.

ing without li

cense.

SEC. 47. That whoever shall sell, within the bounds of Penalty for sellsaid city, any fermented or distilled liquors, without having a license therefor, as in this act provided, shall for each offense forfeit the sum of twenty dollars.

how brought.

cover penalties

3.

SEC. 48. That prosecutions for any fine, penalty or forfeit- Prosecutions, ure provided for or imposed by this act, shall be brought in the name of the city of Denver, and be commenced and carried on before any justice of the peace. The mayor, or any member of the common council, shall have full authority to appear, prosecute or answer and defend for the said corporation, without any letter or warrant of attorney therefor. SEC. 49. That in any action brought by or in the name of of actions to re said corporation, to recover any penalty or forfeiture imposed by this act, or which may be imposed or given by any rule, regulation, ordinance or by-law, passed, ordained or enacted by the common council, it shall be sufficient in all cases, without setting forth any special matter, to allege in the complaint, that the defendant is indebted to said corporation in the amount of such penalty or forfeiture, whereby an action hath occurred, according to the provisions of this act, naming the subject thereof, and referring to the title and section, or according to the rules, regulations, ordinances or by-laws of said city, naming the subject thereof, and referring briefly to the section, by-law or ordinance for a violation of which the action is brought, and also the date of its passage by said common council; and the process for the commencement of any

This act a public act.

Powers confer. red on council.

May remit polltax.

May correct assessment.

Conditions of taking effect of this act.j

such action may be by summons, and shall have an endorsement thereon, to the effect that it is issued to enforce a penalty imposed in accordance with the provisions of the act incorporating the city of Denver, and no other endorsement thereon shall be necessary.

SEC. 50. That this act is hereby declared a public act, and all courts shall be bound to take judicial notice of the same and all the provisions thereof.

SEC. 51. That in addition to the special powers conferred upon the common council of said corporation, by virtue of this act, they shall have such other and general powers as may be necessary for the carrying out of the provisions of this act.

SEC. 52. That the common council shall have power to remit any poll-tax levied upon any poor or indigent person, and to discharge him from the payment thereof. They shall also have full power, in all cases, to correct the tax and assessment roll, when it shall appear clear to them that mistake any has been made therein in the description of property, or in any other manner.

SEC. 53. This act shall take effect and be in force from and after the first day of July, 1860: provided, that said city is not sooner consolidated with the cities of Auraria and Highland, under an act entitled "An Act to consolidate the cities of Auraria, Denver, and Highland," approved Feb. 27, 1860. GUSTAVUS A. COLTON, Speaker of House of Representatives. W. W. UPDEGRAFF,

Approved February 27, 1860.

S. MEDARY,

President of the Council.

Governor.

ers.

CHAPTER LI.

AN ACT to incorporate the Detroit Town Company.

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

SECTION 1. A. Cutter, Samuel F. Tappan, John J. Ingalls, Name and pow. M. R. Benton, W. J. King and A. Bartlett, their associates and successors, are hereby constituted a body politic and corporate, by the name and style of the Detroit Town Company, and by

that name shall be competent to make contracts, to sue and be
sued in all matters whatsoever; said company is authorized to
have and use a common seal, and alter the same at pleasure,
and to make such by-laws as may be deemed necessary for the
government of said company and the management of its affairs.
SEC. 2. The officers of said company shall consist of a oficer:.
president, secretary and treasurer, who shall be elected at the
first meeting of the company, and shall hold their offices for
the term of one year, and until their successors are chosen.
SEC. 3. The corporation hereby created shall have power Hold and convey
to purchase and hold any quantity of land in the territory of
Kansas, where the town of Detroit, in Arrapahoe county, is
now located, not to exceed six hundred and forty acres, and to
lay off the same into parks, squares, blocks, lots, streets,
avenues and alleys, and to sell, dispose of and convey the same
by deed.

land.

SEC. 4. Said company shall have power to pass by-laws Conveyance.
regulating the time for its meetings and controlling the same;
ard all deeds for the conveyance of the real estate of the company
shall be signed by the secretary and attested by the seal of the

corporation; and when so signed, attested and acknowledged Authentication.
by the secretary as his free act, for and in behalf of the com-
pany, shall be deemed and held sufficient to pass all interest
of the corporation in such real estate.

SEC. 5. The said company may, by by-laws, prescribe rules stock tax.
for the transfer of stock and shares in said town, and shall
have power to tax said shares and stock for the purpose of
entering the land upon which the town is located, and for
other general purposes.

SEC. 6. Three members of said company shall constitute a quorum for the transaction of business, and all acts done by them shall be binding on the corporation.

SEC. 7. This act to take effect and be in force from and
after its passage.

GUSTAVUS. A. COLTON,
Speaker of House of Representatives

W. W. UPDEGRAFF,

Approved February 27, 1860.

S. MEDARY,

Governor.

President of the Council.

Quorum.

Location...

ers.

CHAPTER LII.

AN ACT to incorporate the city of Doniphan.

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

SECTION 1. All that district of country included within the following limits, to wit: Beginning at the north-east corner of the north-west quarter of section number four, (4) in township number five south, in range number twenty-one (21) east; from thence south to the middle of the main channel of the Missouri river; thence down said river, in the middle of the main channel thereof, to a point due south from the centre of section number eight, (8) in the township and range aforesaid; thence north to the north-west corner of the north-east quarter of section number five, (5) in the township and range aforesaid; thence east to the place of beginning, is hereby incorporated Name and pow as a city, under the name of the city of Doniphan, and the inhabitants thereof are hereby incorporated and constituted a body politic and corporate, by the name and style of the city of Doniphan, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever, may contract and be contracted with, may purchase, receive and hold property, both real and personal, within said city, and may sell, lease, or otherwise dispose of the same for the benefit of the city; may purchase, receive and hold property, real, personal and mixed, beyond the limits of the city, to be used for the burial of the dead, for the erection of water works to supply the city with water, or for any other purpose designed for the general good of the inhabitants of the city, and may erect any buildings or other improvements for the purposes aforesaid, and may sell, lease, or otherwise dispose of such property for the benefit of said city, and may do all other acts as natural persons, and may have and use a common seal, and alter the same at pleasure.

Powers vested,

in whom.

Council.

SEC. 2. The corporate powers of said city shall be vested in a mayor and board of councilmen, who shall be chosen as hereinafter directed.

SEC. 3. The board of councilmen shall consist of seven members, for the election of whom the city shall be divided into convenient wards by ordinance, which wards may be

altered from time to time, or new ones created, as the convenience of the inhabitants may require, and the councilmen shall be apportioned among the several wards, in proportion to the number of qualified voters in each; but at the election of the first board of councilmen, the whole city shall vote for seven councilmen by general ticket.

how elected.

SEC. 4. The councilmen shall be chosen by the qualified Councilmen voters of the respective wards, and shall serve for the term of one year, and until their successors are elected and qualified; shall be twenty-one years of age, citizens of the United States, and shall have resided in the city for at least thirty days next preceding their election; and whenever there shall be a tie in the election of councilmen, it shall be determined by the judges of the election in the ward where it shall happen by lot, and all vacancies shall be filled by election as aforesaid, in such manner as shall be provided by ordinance: Provided, that until otherwise provided, in case of vacancy, the mayor shall issue his proclamation ordering an election, prescribing the time, place and manner of holding such election.

officers.

SEC. 5. The board of councilmen shall elect their president, Council elect and all other officers, agents and servants of their board; shall judge of the qualifications, elections and returns of their own members; a majority of the whole number shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the board may provide; they may determine the rules and regulations of their proceedings, and punish members for disorderly conduct, and may, by a concurrence of two-thirds of their whole number, expel a member, but not a second time for the same offense, and they shall at any time, upon the request of any member, cause the ayes and noes to be called and entered upon the journal,

SEC. 6. The board of councilmen shall hold their meetings Meetings. at such time and place as shall be fixed by ordinance; but there shall not be exceeding six regular meetings in one year and they may adjourn their stated and other meetings from time to time, and may by ordinance change the times of holding their regular meetings.

SEC. 7. The mayor shall be elected by the qualified vo- Mayor, how ters of the city; shall hold his office for the term of one year,

and until his successor is duly elected and qualified ;. and when

elected.