Gambar halaman
PDF
ePub

Location.

Name and pow

ers.

Powers, in whom vested.

Officers'

Election, when held.

Qualification of voters.

Oath of office.

CHAPTER LIV.

AN ACT to amend an act to incorporate the Town of Fort Scott.

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

SECTION 1. That all that district of land in Bourbon county, Kansas territory, described as follows, to wit: The south west quarter, the west half of the south east quarter, the south west fourth of the north east quarter, and the south east fourth of the north west quarter, of section thirty, town twenty-five, range twenty-five, be and is hereby declared to be a city by the name of the City of Fort Scott, and the inhabitants thereof are hereby constituted a body corporate and politic, by the name and style of the City of Fort Scott, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued, implead and be impleaded, defend and be defended in all courts and in all actions whatsoever, may make contracts for the purchase, sale or lease of such real, personal or mixed property as may be advantageous for the uses of the city, and concerning all other matters of benefit to the city; and may have a common seal and change the same at pleasure.

SEC. 2. The corporate powers and duties of said city shall be vested in a mayor and board of councilmen, to be styled the city council of the City of Fort Scott.

SEC. 3. The permanent officers of said city shall consist of a mayor, four councilmen, a clerk, recorder, marshal, assessor, treasurer and street commissioner, who shall be elected by ballot; and such other officers as may be created or established by ordinance.

SEC. 4. The regular annual election of such officers shall be held on the second Monday in March of each year, and in such manner as may be regulated by ordinance, and at such places as may be designated by the mayor.

SEC. 5. All inhabitants of said city entitled to vote for members of the territorial legislature shall be deemed qualified electors under this act, and shall be eligible to any office in said city.

SEC. 6. The officers of the city, before entering upon the discharge of the duties of their office, shall take the usual oath of office.

vote.

SEC. 7. The mayor shall preside at all meetings of the city Mayor casting council, and shall have the casting vote when the councilmen shall be equally divided, and none other.

SEC. 8. The mayor shall also be the chief officer of the Duties of mayor. city, and shall see that the laws and ordinances of the city are faithfully executed. It shall be his duty also to sign commissions and appointments of the officers of the city. He shall be a conservator of the peace, and may for that purpose appoint, for the time being, any number of extra policemen as he may deem proper, and all such appointments he shall report to the city council. He shall from time to time recommend to the council such measures as may be for the benefit of the city.

tem.

&c.

SEC. 9. At the first meeting of the city council, after any President, pro general election of city officers, the council shall elect one of their number president pro tem, who shall, in the temporary absence of the mayor, perform all the duties of that officer. SEC. 10. The board of councilmen shall have power to lay Streets, alleys, out streets and alleys; to grade, macadamize or pave the same, and keep them open and in good repair; may levy a tax for these and other expenses on all the property within the city limits; may tax the lots and improvements fronting on any of the public squares for the purpose of improving the same: may construct sidewalks along the streets and around the squares, and shall have power to tax the lots fronting on the same for said purpose as shall be prescribed by ordinance; they shall have power to extend the boundaries of said city from time to time by ordinance; they may provide and establish by ordinance all necessary laws, rules and regulations for the government and improvement of the city; and for enforc ing the same, may pass all ordinances that may be necessary to carry any of the provisions of this charter into effect, not inconsistent with the constitution of the United States and the organic act of this territory: said laws, ordinances, rules and regulations to be published in a newspaper published in said Shall publish. city, or by posting up hand-bills in at least five public places

for at least ten days before they shall take effect.

Government,

SEC. 11. The recorder of said city is hereby declared to be Recorder, powa justice of the peace, and shall have and exercise the same ers and duties. power and jurisdiction within the city as is conferred by law upon other justices of the peace. He shall have exclusive original jurisdiction of all cases arising under the charter or ordinances of the city, and shall be a conservator of the peace;

City clerk.

Assessor, treasurer and street commissioner.

Marshal, powers and duties.

Other duties.

Vacancies.

Bonds of officers. 1

Repealed.

he shall be entitled to such fees as shall be prescribed by law or ordinance. Appeals from the judgments of the recorder shall be regulated by the law governing appeals from justices' court in this territory.

SEC. 12. The city clerk shall keep and preserve the records, books, public documents and papers belonging to the city, and shall be clerk of the board of councilmen and attend the sessions thereof, and keep an accurate record of its proceedings in books to be procured for that purpose, and shall perform all other duties required of him by the city council; and shall be entitled to such compensation as the city council may allow. SEC. 13. The duties of the assessor and treasurer and street commissioner shall be such as prescribed by ordinance.

SEC. 14. The marshal shall execute, either by himself or deputy, all writs, process, and other papers, issued by the recorder, and shall have power and authority [to execute] any and all other process issued to him by any judicial officer of the city; and he is hereby declared to be a constable, with the same powers and duties as are by law conferred on constables in this territory; and shall be entitled to such fees as by law are allowed to constables, or which may be regulated by ordi

nance.

SEC. 15. He shall, by virtue of his office, be collector of taxes and all revenues of the city, and shall give such bond and security for the performance of his duties, as marshal and collector, as shall be determined by the city council: he shall have power to appoint one or more deputies, for whose acts he shall be responsible.

SEC. 16. All vacancies in offices of this city shall be filled by the city council, in such manner as shall be regulated by the ordinance, until the annual election for city officers occurring.

SEC. 17. The city council shall provide by ordinance for the filing of bonds of the city officers for the faithful performance of their duties, and determine their sufficiency.

SEC. 18. All acts or parts of acts, heretofore passed upon this subject, inconsistent with this act, are hereby repealed; but such repeal shall not affect any rights which shall have accrued to said city, or to any persons under the former act, nor shall it affect any proceeding now pending under such

act.

SEC. 19. The first election of officers provided for by this First election. act, shall take place on the second Monday of March, 1860; and A. R. Allison, S. A. Williams, and C. F. Drake, are hereby appointed, and declared to be inspectors of said election, and shall, at least five days before said election, make proclamation, and publish the same in some newspaper published in said city, or by printed handbills posted in five of the most public places in said city, of the time and place of holding said election. The qualifications of electors shall be as in the act prescribed; and the vote shall be by ballot; and the persons voted for receiving the highest number of votes cast shall be deemed to be elected. The returns of said elec- Returns, how tion shall be made and certified by the said inspectors, and made, filed with the clerk of the city as soon thereafter as possible; and they shall declare and publish the result of said election in some newspaper published in the city, within ten days after

said election.

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.

CHAPTER LV.

AN ACT to incorporate the inhabitants of Franklin, in Douglas County.
Be it enacted by the Governor and Legislative Assembly of the
Territory of Kansas:

SECTION 1. The inhabitants of the north-west quarter of sec. No. ten (10), of town. No. thirteen, range No. twenty (20), and the north half of the south-west quarter of sec. ten (10), town. thirteen (13), range twenty (20), and the southwest quarter of the north-east quarter of sec. No. ten (10), township thirteen (13), of range twenty (20), and north-west quarter of south-east quarter of sec. ten (10), town. thirteen, range twenty (20), in Douglas county, shall be and they are

Location.

ers.

Name and pow hereby incorporated, under the name and title of "Franklin," and by that name shall have perpetual succession, sue and be sued, implead and be impleaded, defend and be defended, in all courts of law and equity, and in all matters whatsoever: may grant, purchase, receive and hold property, real, personal or mixed: may have a common seal, and may alter or change the same at pleasure.

Powers, in whom vested.

Qualification of councilmen.

First election.

Government.

Mayor a justice of the peace.

SEC. 2. The corporate powers of said incorporation are hereby vested in a mayor and six councilmen, to be called the "City Council of Franklin."

SEC. 3. The council of said Franklin shall be composed of persons who are legal voters in the United States, and have been citizens of said Franklin for three months immediately preceding their election, and shall be elected by actual resi dents of said Franklin over twenty-one years of age; the first annual election to take place on the first Monday in March, A. D., 1860, and on the first Monday in March in each succeeding year, at such place as the judges of election hereinafter appointed shall designate, subject, however, to the future action of said city council.

SEC. 4. J. B. Gilliland, Taylor Stevens, and O. H. Herrington are hereby appointed judges of election of said first election, whose duty it shall be to post up notices of said election, within said Franklin, ten days previous to the specified time for said election, and whose certificate of election shall be evidence of the election of mayor and councilmen therein named, and authorize the persons therein stated to be elected to act as such mayor and councilmen until their successors are duly elected and qualified.

SEC. 5. The council shall have power to pass all ordinances necessary for the good of said Franklin, and not inconsistent with the Constitution of the United States, or the laws of this territory; may appoint such city officers as may be necessary to carry out the ordinances of the council.

SEC. 6. The mayor shall have all the powers and privileges of a justice of the peace within the corporate limits of said Franklin, in all matters arising under the ordinances of said corporation, and shall sit on the trial of all violations of any of the ordinances, and shall do and perform all duties. under and by virtue of any ordinance prescribed by said council; Provided, that in case of vacancy or absence of such mayor, any justice of the peace in the township in which said

« SebelumnyaLanjutkan »