officer, and return the same, according to the commands of such writs and process, within the limits of the city; he shall be collector of the city revenue, and shall perform all such other duties as may be prescribed by ordinance, and shall also possess all the power of a constable, and he shall be entitled to the same fees as the constable of the several townships may be entitled to by the laws of the territory; Provided, that all writs in the hands of said marshal, for the arrest of any person charged with the violation of the ordinances of said city, may be executed in any part of the county in which the city of Doniphan is situated. tax sale. SEC. 18. When any real estate, or possessory right or claim Redeem from to any lot or land, shall be sold for taxes, the owner thereof may redeem the same at any time within two years, by paying to the purchasers the full amount of the purchase money, and all taxes subsequently paid thereon, and all costs and charges thereon, together with twenty per centum per annum on the same. ces. SEC. 19. The mayor shall publish, or cause to be pub- Report of finanlished, on the first day of March in each year, a full and complete statement of all moneys received and expended, which statement shall be published for three successive weeks in each year, in some newspaper published in said city of Doniphan, or by ten written or printed handbills, set up in as many public places in the city. fees. SEC. 20. The mayor and board of councilmen, and other compensation, city officers, shall receive such compensation or fees for their services as may be prescribed by ordinance. SEC. 21. The mayor and board of councilmen shall have Fire companies. power to organize fire companies in the city, and to pass ordinances governing and controlling the same; and the members of such companies shall be exempt from military duties in time of peace, and from serving on juries. SEC. 22. The mayor shall have exclusive original jurisdiction of all cases arising under this act, and under all the ordinances of the city, and shall have all the powers, rights, privileges, jurisdiction, and immunities of a justice of the peace, and be subject to all the duties of a justice of the peace in both civil and criminal cases, arising under the laws of the United States or of the territory, within the corporate limits of said city, subject to appeal or certiorari, as allowed The mayor a peace. justice of the Transcript of judgment. Effect. Exempt from road tax. Mayor to qualify, Special powers. Posse comitatus. from justices' courts by the laws of the territory; and the mayor shall receive the same fees as are allowed to justices of the peace; he shall have the power to issue writs or execu tions directed to the marshal or to any constable, and shall hold a regular court at such times as he may designate, once in each month, and for the transaction of business arising under the city ordinances, shall hold a court whenever occa sion may require. SEC. 23. The mayor, on demand of any person in whose favor he shall have rendered a judgment, shall give to such person a certified transcript of such judgment, and the clerk of the district court, upon application, shall file and record in his book of judgments and transcripts, and note the date of such filing in the office of the clerk of the district court, which shall be a lien upon all real estate of such defendant in judg ment, throughout the county in which the city of Doniphan is situated, to the same extent, and with the same effect as a judgment of the district court, and shall be equally under the control of the district court, may be renewed by scire facias, and carried into execution in the same manner, and with the like effect, as the judgments of said district court, and executions issued thereon may be directed to, and executed in any county in the territory. SEC. 24. The citizens of the city of Doniphan shall be exempt from working on any road beyond the limits of the city, and from paying a road tax for the construction or repair of roads beyond the limits of the city. SEC. 25. At the first meeting of the city council after each general election, the board of councilmen shall cause to be made out and certified by the register, the election and qualifi cation of the mayor, and within ten days thereafter he shall cause the same to be recorded in the recorder's office of the county in which the city of Doniphan is situated; a neglect to qualify and to record as aforesaid, shall be deemed a refusal to accept; and the mayor shall be authorized to administer oaths and affirmations, to take depositions and the acknowledgment of deeds, mortgages, and other instruments of writing affecting the titles of lands in the territory, and certify the same under the seal of the city, which shall be received as good and valid throughout the territory. SEC. 26. The mayor and marshal are authorized and empowered to call upon every male inhabitant over the age of twenty-one years to aid in enforcing the laws and ordinances, and, in case of riot, to call out the militia to aid them in suppressing the same, or carrying into effect any laws or ordinances; and any person who shall not obey such call shall forfeit to the city a fine not exceeding five hundred dollars. SEC. 27. Any officer who shall be guilty of any willful or Violation of corrupt violation of duty, or omission to discharge his duty, or any flagrant misdemeanor, may be tried by the city council, and removed from office by a majority of all the members of the board. duty. authenticated. SEC. 28. Any ordinance of the board may be proved by Ordinances the certificate of the city register, with the seal of the city affixed, and when printed or published in book or pamphlet form, and purporting to be published by authority of the city, shall be read and received in evidence in all courts and places in this territory, without further proof. SEC. 29. John W. Forman, John Y. Rucker, and B. O'Driscoll are hereby appointed judges of election to hold the first election for the office of mayor and councilmen, under the provisions of this act; they shall hold the election at such time and place within such city as they may deem advisable, first giving at least three days' notice of such election by advertisement in some newspaper published in said city, or by written or printed handbills posted in at least six public places in said city; and such judges shall, before entering upon the discharge of their duties, take an oath before some person duly authorized to administer oaths, faithfully and impartially to discharge their duties as judges of election, which shall be certified and filed in the office of the clerk of the district court. Judges of election. duties. SEC. 30. Such judges shall, within three days after such election, make out and deliver to each person duly elected, a Further duties. certificate of such election, and at the first meeting of the board such certificates shall be presented by the person holding the same, with the oath of office duly signed and executed endorsed thereon, which certificate, with the endorsement, shall be duly recorded by the register, and filed in his office. SEC. 31. The general election of mayor and councilmen shall be held on the first Monday in April in each year, at such places in the city as may be prescribed by ordinance; held. but in case no election shall be held at the time designated, the mayor and board of councilmen may provide, by ordinance, for holding such general election on any subsequent day, giving due notice of the time and place of such election. Election, when Qualification of voters. This act & public act. Repeal of town charter. This act how construed. SEC. 32. Every free white male person over the age of twenty-one years, who resides within the limits herein before designated, and who shall have resided therein for thirty days next preceding any general election, shall be entitled to vote. at any election for mayor and councilmen. SEC. 33. This act is declared to be a public act, and may be used in all courts of law and equity in this territory in evidence, without proof. SEC. 34. That so much of the act entitled "An act to incorporate the inhabitants of the town of Doniphan," approved February 10, 1857, as conflicts with the provisions of this act, is hereby repealed; and the mayor and board of councilmen herein provided for, shall be authorized and empowered to settle with all officers, agents, &c., of the existing board of trustees, and to collect all moneys received by, or due to said officers as such, and to collect all taxes, fines, forfeitures, or penalties due from any person or persons to said corporation at the time of taking effect of this charter, which shall be held and applied by said mayor and board of councilmen as may be prescribed by law or ordinance. SEC. 35. Nothing in this act contained shall be construed or permitted to impair, or in any manner interfere, with the obligations of the corporation or company heretofore existing and superseded by or merged in the corporation hereby created, to any person or persons whatsoever, nor with any rights of action whatever, [whether] the same be in said corporation or company as against any person or persons, or in any person or persons as against such corporation or company; but the corporation hereby erected shall occupy and be in the same position as with reference to any person or persons whatsoever, as the said corporation or company heretofore existing would have occupied or been in, and shall be entitled to all the rights, privileges and immunities, and be subject to the same liabilities and obligations as said heretofore existing corporation would have been subject or entitled to. SEC. 36. 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 25, 1860. S. MEDARY, Governor. President of the Council. LIII. AN ACT to incorporate the Fort Scott Town Company. Be it enacted by the Governor and Legislative Assembly of the SECTION 1. That George A. Crawford, William R. Jud- Corporate name. son, Joseph Williams, E. S. Lowman, H. T. Willson, Norman Eddey, and their associates, are hereby constituted and declared a body corporate, by the name and style of the Fort Scott Town Company, and by that name shall be competent to make contracts, sue and be sued, plead and be impleaded in all matters whatsoever; said company shall be authorized to have and use a common seal, to alter the same at pleasure, and to make such by-laws and regulations as shall be necessary for the government of said company and the management of its affairs. SEC. 2. The corporation hereby created shall have power Hold and conto enter, by pre-emption, three hundred and twenty acres, and vey land. to purchase and hold, in addition thereto, any quantity of land at Fort Scott, together with that which they now hold in occupancy, not exceeding in all one thousand acres, and to lay the same off into parks, squares, lots, streets and alleys, and to sell, dispose of and convey the same. Conveyance, authentication. SEC. 3. The said company shall have power to pass by Government. laws for the election of such officers and at such times as may be deemed necessary, to carry out the business of said company; and all deeds for the conveyance of real estate by said company shall be signed by such officers of said company as the by-laws may designate, and when so signed with the corporate seal attached, shall be considered and held a sufficient execution and authentication of such deeds in all courts of this territory. SEC. 4. The stock of said company shall be deemed per- Stock. GUSTAVUS A. COLTON, Approved February 27, 1860. Governor. President of the Council. |