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CHAPTER LIX.

LAND DISTRICT RECORDER.

AN ACT to establish the office of Land District Recorder.

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

recorder, where

SECTION 1. There shall be, and hereby is established, an office and district of Recorder in each United States land district, in this Territory, established, to be styled the District Recorder's Office.

kept.

SEC. 2. Such office, shall be kept at the county seat, in the Office where county where the office of the register and receiver of the several land districts in this Territory may be kept.

attend the

service of such

SEC. 3. The recorders shall duly attend the service of such Recorders shall office, and provide the same with large, well bound books, wherein shall be recorded in a fair, legible hand, all instruments of writing authorized to be recorded in said office.

office.
Shall keep well

bound books

appointed.

SEC. 4. There shall be appointed at the present session of the Recorders how Legislative Assembly, by the Governor, by and with the advice and consent of the Legislative Council, a recorder for each land district, who shall hold his office for the term of two years, from the date of his appointment, and in case of a vacancy occurring Vacancy how in either of said offices by death, resignation or otherwise, it shall be lawful for the Governor to fill such vacancy for the unexpired

term.

Term of office.

filled.

before entering upon his duties

proved.

SEO. 5. Every recorder, before entering upon the duties of his Shall give bond office, shall enter into a bond to the Territory of Kansas, in a sum not less than one thousand nor more than five thousand dollars, at the discretion of the Probate judge of the county in which such office may be located, with sufficient securities, to be By whom apapproved by said judge, conditioned for the faithful performance of the duties enjoined on him by law as such recorder, and for Conditions of the delivering up of the books, papers, seals and furniture, belonging or appertaining to said office, to his successor, or to such other person as may hereafter be directed by law. Such bonds shall be deposited in the office of the Secretary of this Territory, and by him recorded. The said recorders shall each have and use a seal, which seal shall signify the district in which it is used.

Shall have a

common seal.

corders.

SEC. 6. It shall be the duty of the recorders to receive, and Duties of rerecord all deeds, mortgages, or other instruments in writing, in any manner concerning or affecting any real estate situate, lying

All conveyances of land

or being in the several land districts, in which their office is located.

SEC. 7. Every instrument in writing, that conveys any real &c. may be re- estate, or whereby any real estate may be affected in law or equity, which said instrument shall have been proven or acknowledged, and certified in the manner prescribed by law, may be recorded in the office of the district recorder of the land district in which such real estate is situated. Every such instrument so recorded, shall have the same force and effect, and be equally a lien upon all lands affected thereby, as if the same were recorded in the office of the county recorder, in which such land is situated.

Of mortgages, deeds of trust, &c.

Recorders fees.

Comptroller shall audit and settle recorders'accounts for books.

District recorders to be sub

ject to same

rules and pen

recorders.

Recorders shall make out abstracts, when.

SEC. 8. All mortgages, deeds of trust, or other instruments in writing, given to secure the payment of the purchase money of any real estate in this Territory, shall be a lien on the real estate described therein, disencumbered of the rights of dower of the wife of the mortgagor, grantor or obligor, notwithstanding the wife may not have joined with her husband in the execution of either of said instruments.

SEC. 9. The recorders shall receive the same fees for recording any papers as is now allowed by law to the county recorders.

SEC. 10. It shall be the duty of the comptroller of the Territory, to audit and settle the accounts of the recorders, (whose offices are established by this Act,) for books purchased for the use of their offices, and allow in his discretion, such sums as shall be reasonable to be paid out of the Territorial treasury.

SEC. 11. The recorders appointed by virtue of this Act, shall be governed by the same rules in all respects, and subject to the alties as county same penalties as now govern and appertain to the recorders of the several [counties] in this Territory. The recorders of each land district, shall on the first of each and every month, make out complete and correct abstracts, which said abstracts shall show the names of the parties to all conveyances and instruments in writing, of whatever kind, affecting any real estate in their respective districts, and filed in their offices, during the preceding month, and shall also contain a full description of the real cted thereby, and send such abstracts to the recorders To whom sent. of the several counties in which such real estate is situated, or to the recorders of the several counties to which the county in which the real estate is so situated may, for the time being, be attached for judicial and other purposes.

es

SEC. 13. [12.] The recorder of each county, to whom any such abstracts are sent, shall forthwith, on receiving the same,

recorders on

enter them in numerical order, in a book to be prepared for that. Duty of county purpose, which entry shall show the names of the parties to all receiving such such instruments in writing, and give a description of the real estate affected thereby.

SEC. 14. [18.] This Act shall take effect and be in force, from and after its passage.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

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abstracts.

CHAPTER LX.

RECORDING.

AN ACT to provide for Recording Contracts, relating to Lands and for other

purposes.

tracts &c., may

county clerk's

SEC. 1. Be it enacted by the Governor and Legislative All bonds, conAssembly of the Territory of Kansas: That all bonds, con- be recorded in tracts or agreements, concerning any interest in lands in this office. Territory, made in writing under seal, attested by one or more witnesses, and acknowledged before some person, authorized by law, to take acknowledgments of deeds, may be recorded in the office of [the] county clerk of the proper county.

It shall be the clerk to record

duty of the

all bonds &c.

Each bond, shall operate as lands, and take

contract, &c.,

a lien upon the

SEC. 2. It shall be the duty of the county clerk, within this Territory, to receive and record at length all such bonds, contracts or agreements as shall be left with him for that purpose. SEC. 3. Each and every bond, contract or agreement, made and recordel, according to the provisions of the first section of this Act, shall be notice to, and take precedence to, any subsequent purchaser or purchasers, and shall operate as a lien upon purchaser, the lands therein described, according to its import and meaning. SEC. 4. The said clerk shall receive the same compensation, Compensation for recording all papers comtemplated by this Act, as is allowed by law for recording deeds and mortgages.

precedence of subsequent

of clerk.

include all con

SEC. 5. This Act shall take effect from and after its passage, This act shall and shall include all bonds, contracts and agreements now made

tracts &c., now

made.

and recorded, or now made and not recorded, as well as those that may hereafter be made.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives-
C. W. BABCOCK,

President of the Council.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

Amount of tax to be levied.

How used.

CHAPTER LXI.

REVENUE.

AN ACT to provide Revenue for the year eighteen hundred and fifty-eight.

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

SECTION 1. That for the purpose of raising a revenue to defray the expenses of the Government for the year eighteen hundred and fifty-eight, there be, and hereby is, levied a tax of three mills on the dollar, upon all property in the Territory of Kansas subject to taxation, and an additional tax of one dollar upon every person subject to a capitation tax.

SEC. 2. That the revenue thus raised, shall be used exclusively for the payment of appropriations made subsequent to the seventh day of December, eighteen hundred and fifty-seven, and no part thereof, shall be used to pay any appropriations previously made, or to redeem any warrants issued prior to the first day of January, eighteen hundred and fifty-eight, or for the liquidation of any indebtedness, either in whole or in part incurred by virtue of any law passed during the first or second sessions of the Legislative Assembly.

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CHAPTER LXII.

SLAVE PROPERTY.

AN ACT repealing an Act to punish offences against Slave Property.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That an Act, entitled "An Act, to punish offences Act revealed. against Slave Property," which took effect on the 15th day of

September, A. D. 1855, be and the same is hereby repealed.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

This Bill having been returned by the Governor with his objection thereto, and, after reconsideration, having passed both Houses by the constitutional majority, it has become a law this the 9th day of February, A. D. 1858. [Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

CHAPTER LXIII.

SEAT OF GOVERNMENT.

AN ACT to remove and permanently locate the Seat of Government.

Whereas, by the thirty first section of an Act of the Congress of the United States, entitled "An Act to organize the Territories of Kansas and Nebraska," approved March 30th, A. D. 1854, the seat of government of the Territory of Kansas was temporarily located at Fort Leavenworth; and, whereas, the people of Kansas have heretofore had no voice whatever through their own duly elected representatives, in the selection of, or the location of said seat of government; and, whereas, a body of men, assuming to be the representatives of the people, have located said seat of government at the town of Lecompton, a place ill-suited to the wants and conveniences of the people, and the natural location thereof being such as to condemn it as exceptiona

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