1 Cost imposed prosecution was commenced without probable cause, or from malicious motives, the jury or recorder trying the case, shall state the name of the prosecutor or prosecutors in the finding, and shall impose the costs of prosecution upon him or them, upon prosecutor and judgment shall be rendered against such prosecutor or prosecutors, that he or they pay such costs and stand commited until the same are paid. crees. SEC. 29. That the recorder shall have power to enforce May saforce dedue obedience to all orders, rules, judgments, and decrees made by him, and may fine or imprison for contempt offered to such recorder, whilst holding his court, or to processes issued by him in the same manner and to the same extent as the district court. tices of the peace SEC. 30. That the justices of the peace in Leavenworth township, shall have all the powers and jurisdiction conferred Powers of jusby an act entitled "An act regulating the jurisdiction and proceedings before justices of the peace and of duties of constables in civil cases," approved February 8th, 1859, except as is in this act otherwise provided. The justices of the peace in Leavenworth township, shall be authorized to proceed as though this act had not been passed, in all cases already commenced before them, and all the acts of said justices of the peace done by virtue of their office, are hereby declared legal and valid. SEC. 31. That article eight of the charter of said city, and Repealed' all provisions in said charter recognizing a mayor's court; also section six and seven in article nine; also section one in article five, and all other parts of said charter or amendments thereto inconsistent with this act, be and they are hereby repealed. SEC. 32. That so much of section one in article two as refers to street commissioners, be and the same is hereby repealed; but the present street commissioner shall hold his office until his term of office expires. This act shall take effect and be in force from and after its passage. GUSTAVUS A. COLTON, Approved February 27, 1860. S. MEDARY, Governor. President of the Councii. Street commis. sioner. Location. Corporate name and powers. What name to be used in law. Certain parts vacated. Repealed CHAPTER LXV. AN ACT supplementary to an act entitled "an act, to amend an act, entitled an Be it enacted by the Governor and Legislative Assembly of the SECTION 1. That portion of Douglas county, Kansas Territory, described as follows, to wit: The northeast and southwest fractional quarters of section thirty-four, and southwest fractional quarters of section thirty-five, in township eleven, and the northwest fractional quarter of section two, and the northeast fractional quarter of section three, in township twelve; all in range eighteen east of the sixth principal meridan, together with the free holders and inhabitants residing thereon, shall constitute a body corporate, by the name of, and to be known as the City of Lecompton, and shall be in law capable of purchasing, holding, receiving, and conveying any real or personal estate for the use of said city. Said corporation may sue, and be sued, in any courts, may make and use a common seal, and alter the same, and may have and exercise such other powers, as may be conferred by law, or as shall be neces sary to carry such powers into effect. And whenever said corporation, or the officers thereof, shall commence, prosecute, or defend any suit, proceeding, or action, it shall be in their corporate name. SEC. 2. That thirty feet on the south side of Woodson Avenue, in the city of Lecompton, the entire length thereof from east to west, be, and the same is hereby vacated, and said avenue, hereafter shall be one hundred feet wide, instead of one hundred and thirty feet, as heretofore. SEC. 3. That all acts and parts of acts heretofore passed, inconsistent with the provisions of this act, are hereby repealed. SEC. 4. 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 LXVI. AN ACT to incorporate the Leon Town Company. Be it enacted by the Governor and Legislative Assembly of Kansas Territory: Corporators Corporate name SECTION 1. That A. U. Mussey, William E. Goodman, A. Bartlett, Abner Allen, Francis House, J. D. Adams, and William Silvers and their associates and successors are hereby constituted a body corporate and politic under the name and style of the "Leon Town Company," and by that name and and powers. style shall be competent to make contracts, sue and be sued, plead and be impleaded in all matters whatsoever. Said company is authorized to have and use a common seal and change the same at pleasure, and to make such by-laws or constitution as may be necessary for the government of said company and the management of its affairs. Hold and con SEC. 2 The corporation hereby created shall have power vey land. to purchase, hold and enter, by pre-emption or otherwise, any quantity of land not exceeding three hundred and twenty acres, where the town of Leon is now located, on Peach Creek, in the county of Clay, in the Territory of Kansas, and to lay off the same into streets, lots, blocks, parks, and alleys, and convey the same by deed or otherwise. May elect offi cers. SEC. 3. The said company shall have power to pass bylaws providing for the election of such officers, at such time or times as may be necessary, to carry out the business of said company, and any three of the above named incorporators shall constitute a quorum for doing business. Deeds and all con- conveyances. veyances of real estate of said company, or certificates of stock, shall be signed by such officers of said company as their bylaws or constitution shall designate. SEC. 4. The stock in said company shall be deemed personal property; and the company may by law or constitution prescribe rules for the issuing, and transferring of said stock by each individual stockholder, and provide for raising taxes upon said stock as may be necessary from time to time. Who to sign Stock, may tax. SEC. 5. That at the first meeting of the said company after Officers. the passage of this act, a president and secretary shall be elect ed, who shall hold their office for one year or until their successors are elected and qualified; in case of a vacancy in either of said offices the board may appoint suitable members of the company to fill such vacancy. And until said officers are elected and qualified A. Bartlett shall act as president, and A. U. Mussey as secretary of said company. SEC. 6. 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. Governor. President of the Council. What vacated. This act, how construed. CHAPTER LXVII. AN ACT to vacate certain streets and alleys in the Town of Lexington, John- Be it enacted by the Governor and Legislative Assembly of the SECTION 1. That the streets and alleys on the west half of the north-west quarter of section seven (7), township thirteen (13), range twenty-two (22), included within the present. limit of the town of Lexington, in the county of Johnson and territory of Kansas, be and the same are hereby vacated. SEC. 2. This act shall not be construed to interfere with the vested rights of any person owning any interest in any part of the land above described, (to-wit: eighty acres) out side of the streets and alleys here vacated, by purchase from the Lexington Town Company, or its agent. SEC. 3. 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 24, 1860. S. MEDARY, Governor. President of the Council. CHAPTER LXVIII. AN ACT to incorporate the Lincoln Town Company. Be it enacted by the Governor and Legislative Assembly of the and powers. vey land. SECTION 1. That John G. Miller, Joel T. Moody and John Corporate name Kendall, their associates and successors, by the name of the Lincoln Town Company, be and they are hereby created a body corporate and politic, with power to sue and be sued, plead and be impleaded in all courts whatever, and may make and use a common seal and change the same at pleasure. SEC. 2. Said company shall have power to hold and lay Hold and con out into lots, streets and alleys, any quantity of land not exceeding three hundred and twenty acres, at Swift's crossing, on the south branch of the Republican river. Said company may issue shares of stock and sell the same, and make conveyances of lots in said town; may make and ordain such by-laws for the government of said company as shall not be repugnant to the laws of the territory, and do such other things as shall be for the benefit of the company in reference to the building of improvements in said town. SEC. 3. An act entitled "an act explanatory of an act legalizing certain bonds therein named," approved January 18, A. D., 1860, is hereby repealed, and shall by all courts be Repealed. held to be null and void. SEC. 4. This act is declared to be a public act, and shall A public act. take effect and be in force from and after its passage. GUSTAVUS A. COLTON, Approved February 27, 1860. S. MEDARY, Governor. President of the Council. |