Duty of judges and inspectors.

Organized coun

such by a majority of the legal votes cast at such election, may, upon giving full security for all the costs of the contest, in case of their failure therein, contest such election before the district court of the county, or of that county to which the same may be annexed for judicial purposes; and Provided further, That in case no place shall receive a majority of all the votes cast, there shall, at the next general election, and at each general election thereafter held, be a vote taken for the location of the county seat, until some place shall have received a majority of all the votes cast at some one election upon that question.

SEC. 6. At the time of counting the votes at any election at which a vote shall be taken for the permanent location of the county seat, it shall be the duty of the judges or inspectors of the election, in each precinct, to canvass the votes cast for such location, and make a certified return thereupon to the board of county commissioners, wherein they shall state the whole number of votes cast, the name of each place voted for, and the number of votes given for each; which return shall be attested by the clerks, and shall be returned at the time of making other returns to the board of county commissioners, who shall, from such returns made to them, determine the whole number of votes given for each place in the county, which shall be entered upon the records in the office of the county clerk; and, when some one place in the county shall have received a majority of all the votes cast in the county at any one election, it shall be the duty of the county clerk, under his hand and seal, to certify the result to the Secretary of State.

ties shall procure SEC. 7. Whenever any county, organized under the provisions

the records from

the counties to

attached.

which they were of this act, shall have been previously attached to any other county for municipal purposes, it shall be the duty of the county clerk, chosen at the first election, after having qualified according to law, to procure, from the proper officer of such county, a transcript of all deeds, mortgages, judgments and liens, of every description, upon real or personal property lying or being in such newly organized county, and cause the same to be recorded in the proper offices of his own county. Such clerk shall be at full liberty to take such transcripts himself, and, when recorded in the proper office of his own county, shall stand headed with the name of the county and offices where taken; and, at the end of them, certified that they are correct; and such clerk shall receive, for his services, ten cents per folio for taking such transcripts, ten cents per folio for recording them, and ten cents per mile for

traveling, in going after and returning with them, which shall be audited, allowed and paid to him by his own county.

hold office.

SEC. 8. Any person elected to a township office, at the first How long shall election, shall, when qualified, as the law directs, continue to hold his office until the next annual township meeting, and until his successor shall be elected and qualified; and all county officers shall, in like manner, hold until the next general election, and until their successors shall be elected and qualified.

commissioners.

SEC. 9. It shall be the duty of the county commissioners to Duty of county make out and cause to be entered upon the records of the county, an accurate description of the townships into which the county shall, by them, have been divided; and it shall be the duty of the county clerk to make out and transmit to the Secretary of State, a map of the county, as divided into townships, and the name and description of each township.

SEC. 10. All acts in conflict herewith are hereby repealed.

SEC. 11. This act shall take effect and be in force from and after its publication in some newspaper of general circulation in this State, and it shall be the duty of the Secretary of State to cause the same to be published immediately after its passage. Approved June 4, 1861.

I hereby certify that the above bill became a law, by publication in the Topeka State Record," June 15, 1861.

J. W. ROBINSON,

Conflicting acts are repealed.

Secretary of State.

CHAPTER XX.

AN ACT providing for an Election or Elections for the permanent location of the County Seat of Coffey county.

Be it enacted by the Legislature of the State of Kansas: SECTION 1. That there shall be held, at the usual places of holding elections in the different election precincts within the county of Coffey, State of Kansas, on the second Tuesday in June, A. D. 1861, an election for the location of the permanent seat of justice of the said Coffey county, and a poll shall be opened at each of the places aforesaid, and every legal voter of said county may vote for the place of his choice, and the place receiving a majority of all the votes cast, shall be the permanent seat of justice of said county.

No place receive a majority.

SEC. 2. That, in case no place receives a majority of all the votes cast, there shall be a second election for said seat of justice, on the Tuesday succeeding the first Monday in November ed to two places. following, at which second election the balloting shall be confined to the two places having the highest number of votes at the said first election.

Balloting confin

Voting by ballot.

ed to county cl'rk.

SEC. 3. That the voting shall be by ballot, on which shall be written or printed the place of the voter's choice; and the poll Poll books return-book on which the voters' names are recorded, and the number of votes each place received, properly attested, shall be returned to the clerk of Coffey county, within five days after said election; Board of county and the board of commissioners of said county shall immediately proceed to canvass the votes; and the place having a majority of majority of votes all the votes cast, shall be proclaimed, by them, the permanent county seat of said county, either by written or printed proclamation, and have them posted up in at least two places in every township.

canvassers shall

canvass.

Place having a

cast.

No place having received a majori ty of all votes cast.

Duty of Commissioners to provide buildings.

County officers shall remove.

SEC. 4. That if, upon the canvassing of said votes by the said commissioners, they shall find that no place has received a majority of all the votes cast, it shall be their duty to proclaim the same, and, also, the time of the second election, as herein provided; and the canvass of the votes of the second election and proclamation of the result, shall be the same as at the first.

SEC. 5. That it shall be the duty of said commissioners to immediately provide suitable buildings, offices, &c., at the county seat, for the officers of said county, and each officer of the said county of Coffey, whose office is required by law to be kept at the county seat, shall, within twenty days after the date of said proclamation, remove all books, records, papers, furniture, &c., belonging to the county, to the place therein named; and, if any Penalty of officer officer shall fail to remove, within the time prescribed by this section, he or his securities shall pay to the county the sum of five dollars for each day of such failure, to be sued for and collected by the board of county commissioners.

fail to remove.

Election, how conducted.

Conflicting acts repealed.

When to take effect.

SEC. 6. The election provided for in, this act shall be conducted, in all respects, as provided for by the general election laws of the State; and all persons shall be qualified to vote at the said election who are voters under said laws.

SEC. 7. All acts and parts of acts conflicting with this act are hereby repealed.

SEC. 8. This act shall take effect and be in force from and after its passage.

Approved April 30, 1861.

CHAPTER XXI.

AN ACT to organize and define the jurisdiction of the Supreme Court.

Be it enacted by the Legislature of the State of Kansas :

SECTION 1. That the Supreme Court shall be a court of record, Jurisdiction of and shall have power, in addition to the original jurisdiction conferred by section three of article three of the Constitution, on good cause shown, to issue writs of error and certiorari in criminal cases, and supersedeas in any case, and all other writs not specially provided for nor prohibited by statute, which may be necessary to enforce the due administration of justice throughout the State; and either of the Justices of the Supreme Court, in vacation, shall, on good cause shown, have power to grant writs of error and certiorari in criminal cases, and, also, to grant writs of habeas corpus and supersedeas in any case, and such writs of error and certiorari, directed to the District Court, may, by the Justice or the Supreme Court granting the same, be made returnable to the Supreme Court. The court shall have power to punish for contempt by fine and imprisonment.

under law of Territory shall gov ern under State.

SEC. 2. The modes of proceeding in error, prescribed by law Rules of the S.C. for the late Territorial Supreme Court, and all process and remedies authorized by law, when the present Constitution took effect, not hereinbefore provided for, and all laws regulating the practice of and imposing duties on or granting powers to the Supreme Court, or any judge thereof, at the time the Constitution took effect, shall govern the practice of and be pursued in the Supreme Court of the State. The Court shall have power to prescribe rules of practice and to change the same, and provide for their publication.

SEC. 3. It shall be the duty of the Justices of the Supreme Court to meet, annually, at the seat of government, on the first Tuesday of January, to hold a term of the Supreme Court, and the said Justices may hold special and adjourned terms at such times and places as a majority of them may determine, but notice of the time and place of holding such special or adjourned term, must be given by publication for twenty days, in a newspaper printed at the seat of government.

Shall hold terms

-when.

SEC. 4. If a quorum of said court shall not be in attendance on the first day of the term, the clerk of said Court shall enter such fact of record, and the Court shall stand adjourned till the succeeding day, and so from day to day for three days; and, if said Court shall not be opened within three days, all matters pending in said Court shall stand continued until the next term, and no action or matter shall abate or be discontinued thereby.

SEC. 5. The records and papers of the Supreme Court shall be kept at the seat of government, in a suitable room, to be provided for the accommodation of the Court, and not be removed therefrom unless by direction of the Court, and then only so long as the Court may permit. The Supreme Courts shall appoint a crier, who shall attend the sessions of the Court and take charge of the room provided for the use of the Court, and perform such other duties as may be required of him by the Court or enjoined by law.

SEC. 6. It shall be the duty of the Clerk of the Supreme Court to enter of record all orders, judgments, decrees and proceedings of said Court, and to issue all process ordered by the Court, and perform such other duties as may be required of him by the Court or by law.

SEC. 7. Before entering on the duties of said office, the clerk shall give bond to the State of Kansas, in a penal sum not less than ten thousand dollars, with sufficient sureties, to be approved by the Court, conditioned for the faithful performance of the duties of his said office, and take and subscribe the oath of office, and his fees shall be the same as the clerks of the District Courts.

SEC. 8. All process or writs issuing out of the Supreme Court shall be directed to the sheriff or other proper officer of the county where the same is to be executed, who shall serve the same; Provided, That the crier of said Court shall have power to serve any such order, warrant, notice or citation issuing out of said Court, and shall receive the same fees therefor as other officers are entitled to for like services.

SEC. 9. The Supreme Court may, by special mandate or other proper mode, require the District Court, or any other Court or tribunal of the county, where any action or proceeding shall have originated, to carry the judgment or decree of the Supreme Court into execution; and the same shall be carried into execution, by proper proceedings, by such inferior Court or tribunal, according to the command of the Supreme Court made therein.