SEC. 7. The stock of the company shall be deemed per- Stock, sonal property, and the said company may by by-laws prescribe rules for the issuing and transferring of said stock by each. individual stockholder. SEC. 8. The said company shall have power to assess a Tax. tax, not to exceed ten dollars on each share or certificate of share, on the granting of the title of the same, to pay any indebtedness of said company or town, in case there be any; Provided, that nothing in this section warrant the levying of a Proviso. tax unless a majority of the company shall agree to the same. This act to take effect and be in force from and SEC. 9. after its passage. GUSTAVUS A. COLTON, Approved February 27, 1860. S. MEDARY, Governor. President of the Council. CHAPTER XXXVII. AN ACT incorporating the Arazo Town Company. Be it enacted by the Governor and Legislative Assembly of the name. SECTION 1. That Sam F. Tappan, Lewis N. Tappan, John J. Ingalls, Richard Sopris, S. O. Hemenway, J. B. Woodward, William Rankin, and William J. King, their associates and successors, are hereby constituted a body corporate and politic, under the name and style of the Arazo Town Company, and Corporate by that name and 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 bylaws as may be necessary for the government of said company and the management of its affairs. SEC. 2. The corporation hereby created shall have power Hold estate. to purchase, hold, and enter by pre-emption or otherwise, any quantity of land not exceeding three hundred and twenty Officers. Conveyance. Authentication. Stock transfer. Mining privileges. acres, in the county of Arrapahoe, and territory of Kansas, and to lay off the same into streets, lots, parks, blocks, and alleys, and convey the same by deed or otherwise. 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; deeds, and all conveyances of real estate of said company, shall be signed by such officers of said company as said by-laws shall designate, which conveyances shall be duly executed and acknowledged, and when so executed and acknowledged shall be deemed good and valid conveyances. SEC. 4. The stock of said company shall be deemed personal property, and the company may, by by-laws, prescribe rules for the issuing and transferring of said stock by each individual stockholder. SEC. 5. That the said company shall also have power to construct and maintain courses, sluices, ditches, and other contrivances for mining purposes, and may dispose of interests in the same; said privileges, however, only to be used land of said company. upon 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. S. MEDARY, Governor. President of the Council. Office of recorder made. CHAPTER XXXVIII. AN ACT to amend an act entitled "An act to incorporate the City of Be it enacted by the Governor and Legislative Assembly of the SECTION 1. An act entitled an act to incorporate the City of Atchison, shall be amended as follows: ARTICLE I. SECTION 1. That the office of Recorder be, and is hereby established as one of the permanent offices of said city. jurisdiction. SEC. 2. The recorder shall have exclusive original crim- Recorder, inal jurisdiction of all offences arising under the ordinances of said city; and the person holding the office of recorder in the said City of Atchison, is hereby declared a justice of the peace, and shall have all the powers and jurisdiction of a justice of the peace in all criminal and civil cases arising within said city. when. SEC. 3. He shall be a conservator of the peace, and his Court, open court shall be open every day, except Sundays, to hear, try, and determine all cases wherein a breach of any ordinance of the city is charged, and he shall have power to issue all necessary process to bring parties before him. forthwith for trial. SEC. 4. He shall be entitled to the same fees as are by Fees. law allowed to justices of the peace in similar cases, and in cases arising under the ordinances of the city, to such fees as shall be allowed by ordinance. SEC. 5. In all cases before the recorder arising under any Appeals. ordinance of this city, an appeal may be taken on a final judgment, wherein the amount, exclusive of costs, exceeds twenty dollars; and in all cases before the recorder, under the laws of this territory, the same rights of appeal as is by law allowed in justices' courts. and how taken. SEC. 6. All appeals from the judgment of the recorder, if Appeals-where arising under ordinances of the city, shall be to the district court of the county, but no such appeal shall be allowed by the recorder unless the defendant give good and sufficient security, to be approved by the recorder, for the payment of the costs of said appeal, if it shall be determined against the appellant. streets. SEC. 7. That any person brought before said recorder, Jury. charged with any offence under the ordinances of said city, shall be entitled, if he demand it, to a trial by a jury of six citizens of said city. That upon conviction of any person unable to pay under this section, it shall appear to the recorder that such fine, to work person shall not have the money, or the means to obtain the same, to pay the fine and costs adjudged against such person, the city council are hereby authorized to put them at work on any of the public streets in said city, allowing a reasonable compensation therefor, until the said fine and costs shall be paid; Provided, that nothing herein contained shall be so con- Proviso. strued as to allow any person charged with having committed Fine and imisonment. Vacancy. When appoint recorder. Election. Officers. Proviso. Marshal-depu ties. Election day. Office expire. Tax. an offence against any of the ordinances of said city, to a trial by jury, when the fine is less than twenty dollars. SEC. 8. Every person convicted before the recorder, of any offence under the ordinances of this city, shall be punished by fine or imprisonment, as may be regulated by ordinance. SEC. 9. In case of a vacancy occurring in the office of recorder, by death, resignation, or otherwise, as in case of sickness, absence, interest, or disability of such recorder to perform his duty, it shall be the duty of any acting justice of the peace of the township, who may be designated by the mayor, to perform the same during such vacancy, absence, or disability. SEC. 10. The mayor and council shall have power to appoint a recorder, who shall hold his office until the first general election for city officers. ARTICLE II. SEC. 1. The regular annual election for officers in said city shall be held on the first Monday in May of each year, and in such manner and at such places as may be fixed by ordinance. SEC. 2. At each annual election there shall be chosen by the qualified electors of said city, the following officers, to wit: a mayor and nine councilmen, to be elected by wards, as may be established and apportioned by ordinance, recorder, and marshal; and all other officers of the city shall be elected as may be determined by ordinance; Provided, that any vacancy occurring in any office, except that of mayor and councilmen, may be filled by appointment by the mayor and council, for the unexpired term. SEC. 3. That the marshal of said city shall have power to appoint deputies, subject to such conditions as may be prescribed by the city council. SEC. 4. Hereafter all elections for mayor and councilmen, and other elective officers in said city, shall be held on the first Monday in May, in each year; and the term of office of those now in office and of those hereafter to be elected shall expire as soon after such election as their successors shall be elected and qualified. ARTICLE III. SEC. 1. Be it enacted that a tax of two per cent. may be levied by ordinance on all taxable property, both real and personal, for the year eighteen hundred and sixty, and for every year thereafter the said tax for railroad purposes, independent of the general tax, shall not exceed one per cent. for the pur- and fifty-nine in said city. SEC. 2. That all acts, or parts of acts, inconsistent with Acts repealed. this act, be and the same are hereby repealed. SEC. 3. That this act take effect from and after its passage. GUSTAVUS A. COLTON, Speaker of House of Representatives. President of the Council. Approved February 2d, 1860. S. MEDARY, Governor. CHAPTER XXXIX. AN ACT to amend the Charter of the City of Atchison. Be it enacted by the Governor and Legislative Assembly of the Power to pa in bonds. SECTION 1. The mayor and council of the city of Atchison, for the purpose of paying the interest on, and providing a terest on R.yR sinking-fund for, the payment of the principal of all bonds which have been, or may hereafter be, issued by said city, in payment of the subscriptions of stock in any railroad company, shall have power by ordinance to levy a tax, in addition to the taxes for the general purposes of said city, on all the real and personal property in said city subject to taxation for general purposes: Provided, however, that such special tax shall not, for the year eighteen hundred and sixty, exceed two Proviso. |