May refund. A public act. per centum of the assessed value of the property, and for every year thereafter shall not exceed one per centum of the assessed value; and provided further, that such special tax shall not, for the year eighteen hundred and sixty, on such property as was not assessed for taxation for the year eighteen hundred and fifty-nine, exceed the sum of one per centum of its assessed value; and the mayor and council may refund to all who may have paid a tax, under an ordinance of said city for railroad purposes during the year eighteen hundred and fifty-nine, the amount so paid by them. This act to take effect from its passage, and to be deemed a public act. GUSTAVUS A. COLTON, Speaker of House of Representatives. W. W. UPDEGRAFF, President of the Council. Approved February 27, 1860. S. MEDARY, Governor. Plat described. CHAPTER XL. AN ACT incorporating the City of Auburn. Be it enacted by the Governor and Legislative Assembly of the ARTICLE I. SECTION 1. That all that portion of country, included within the following described limits, to wit: commencing at the south west corner of section twenty-three, of township thirteen, (13) of range fourteen, (14) east; thence south twenty rods, (20) thence east two miles, thence north to the north east corner of section thirteen, (13) of township thirteen, (13) of range fourteen, (14) thence west to the north west corner of section fourteen, (14) same township and range as above; thence south to the place of beginning. The same is hereby Name and pow. created a city by the name of the City of Auburn, and the inhabitants thereof are hereby constituted a body corporate and politic, by the name and style of the City of Auburn, and by that name they and their successors shall be known in law, have perpetual succession, sue and be sued in all courts of law and equity, and in all actions whatsoever; may pur ers. chase, receive and hold property, both personal and real estate, not to exceed four and one-fourth sections of land, and may sell, lease, convey or otherwise dispose of the same for the benefit and general good of the city, and may have a common seal and change the same at pleasure. in. SEC. 2. That the corporate powers and duties of said city Powers vested shall be vested in a mayor who shall be ex-officio justice of the peace, and a board of six councilmen to be styled the common council of the City of Auburn. SEC. 3. That said corporation shall have power to provide General powers. and establish, by ordinance, all necessary municipal laws, rules and regulations, for the government of the inhabitants of said city and enforcing the same; to pass all ordinances necessary to carry the provisions of this charter into effect for the well being of the inhabitants, and have full power to pass and provide for the enforcement of all ordinances which may [be] deemed right and proper and not inconsistent with the constitution of the United States and the organic act of this territory. of ordinances. SEC. 4. That the enacting clause of all ordinances shall be, Enacting clause "Be it ordained by the Mayor and Councilmen of the City of Auburn," and all ordinances shall be published in such manner as may be provided by ordinance, before the enforcement of ordinances. SEC. 5. That all citizens of the United States, who are Qualification of twenty-one years of age and upwards, and who shall have voters. resided within the city limits thirty days next preceding any election, shall be deemed qualified electors of said city in the ward in which they reside. ARTICLE II. SEC. 1. That at each annual election there shall be chosen, officers. from among the qualified electors, the following officers, to wit: a mayor and six councilmen, who shall hold their office for one year and until their successors are elected and qualified. point. SEC. 2. That the common council of the City of Auburn Council may ap shall be empowered to appoint all officers necessary to carry out the provisions of this charter, including treasurer, clerk, city assessor and city attorney, who shall hold their offices for one year or until their successors are appointed and qualified. SEC. 3. That all vacancies in the common council shall be vacancies filled filled by a special election to be provided by ordinance. Oath of office. Office vacated, Mayor have veto. Posse comitatus. Taxes. Sales for taxes. May redeem. License. ARTICLE III. SEC. 1. That every officer of the city, before entering on the duties of his office, shall take and subscribe an oath or affirmation that he will support the constitution of the United States, the organic act of this territory, and will faithfully comply with the provisions of this charter, and well and truly perform the duties of his office to the best of his ability. SEC. 2. That if any officer shall remove beyond the limits of the city, his office shall be thereby vacated. SEC. 3. That the mayor shall preside at all meetings of the common council, and shall have a casting vote only; he shall sign all bills by the next meeting of the common council, or return them with his objections thereto, and in case he shall neglect so to return them, the same shall become an ordinance without his signature; if returned without his approval, the council may pass the same, after reconsideration, by a twothirds vote. The mayor shall have power to administer oaths, take depositions and acknowledgments of all instruments of writing, and certify the same under the seal of the city, and the same shall be received as valid throughout the territory. SEC. 4. That the mayor is hereby authorized to call on any male inhabitant of the city, over eighteen years of age, to aid in enforcing the laws and ordinances of said city, and shall cause all officers to be promptly dealt with for any violation of law or neglect of duty. ARTICLE IV. SEC. 1. The common council shall have power to levy and collect taxes on real and personal property within the limits of the city, for the purpose of a general revenue, not to exceed one-half of one per cent. on the assessed value thereof, in each year, to be previously provided by ordinance; and is hereby constituted the board of equalization of assessments. SEC. 2. That to provide for the sale of real estate for the non-payment of taxes due thereon, and for the time and manner of its redemption: Provided, that the owner thereof may redeem the same at any time within two years thereafter, by the payment of the full amount of said [tax,] and all taxes subsequently paid thereon by the purchaser, and all costs and charges, together with fifty per cent. per annum thereon. SEC. 3. That to levy and collect a license tax on auctioneers, taverns, hawkers, peddlers, exhibitions for pay, hacks, and other vehicles used within the city for pay. SEC. 4. That to prohibit and suppress dram shops, billiard Prohibit. tables, ten-pin alleys, and other houses or practices deemed immoral or disorderly, gaming and gaming houses, and all kinds of indecencies. SEC. 5. That to borrow money on the credit of the city, Borrow money. and pledge the public property and revenue of the city for the payment thereof: Provided, there shall not be paid more than ten per cent. per annum interest, nor shall a greater debt be contracted than ten thousand dollars, unless authorized by the voters of the city. authenticated. SEC. 6. That all ordinances of the city may be proved by Ordinances the certificate of the clerk, under the seal of the city, and when printed and published by authority of the city, shall be read and received in evidence in all courts and places, without further proof. ARTICLE V. stock. SEC. 1. That the common council shall have power to May subscribe subscribe stock in behalf of the city, in railroads and bridges in which the city may be interested, and issue the bonds of the city therefor, in such manner and on such time as may be provided by ordinance; Provided, that in no case such sub- Proviso. scription or subscriptions shall exceed ten per cent. on the assessed value of the property of the city, nor shall such subscription be made unless authorized by the electors of the city, at an election provided by ordinance for that purpose. ARTICLE VI. SEC. 1. That the common council of said city shall have School tax. power to levy and collect a tax for the use of schools within the city, not to exceed five mills on the dollar on the assessed value of the property of the city, real and personal. MISCELLANEOUS PROVISIONS. tion. SEC. 1. That for the purpose of the first election, John W. Judges of elecBrown, Reuben Sties, and Cyrus C. Moore, or a majority of them, are hereby constituted judges of election, or in their absence the voters at the polls shall fill such vacancies. held when. SEC. 2. That the first election shall be held on the first First election Monday in March, 1860, and shall be conducted under the laws regulating elections in this territory; and all subsequent Farm lands. general elections shall be held annually on the first Monday in February, and the person having the largest number of votes shall be declared elected. SEC. 3. That farm lands in said city shall be as such; no supposed value shall attach to them, except for farming purposes. SEC. 4. This act to take effect from and after its passage. Approved February 27, 1860. S. MEDARY, Governor. President of the Council. Location. Corporate name. Actions to be brought-how. Officers. CHAPTER XLI. AN ACT to incorporate and establish the city of Auraria, Kansas Territory. SECTION 1. That all that portion of land in Arrapahoe county, Kansas territory, lying west of Cherry Creek and south of the Platte River, surveyed and platted by W. S. Foster and others, and known as Auraria, together with the freeholders and inhabitants residing thereon, shall constitute a body corporate, by the name of, and be known as, the city of Auraria, and shall be in law capable of purchasing and holding, receiving and conveying any real or personal estate for the use of said city; said corporation may sue and be sued in any court, 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 necessary to carry such powers into effect; and whenever such 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 the officers of the city shall be a mayor, five councilmen, one treasurer, one clerk, one police constable, who shall also be collector of taxes and assessments, one police justice and three assessors; all of whom shall be elected by ballot by the electors of said city, and hold their offices respectively for one year, and until their successors shall be duly |