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To give bond.

Conditions.

Shall keep accounts of all moneys, how received and disbursed.

officers thereof duly authorized in that behalf made pursuant to law, and shall perform all such other duties as may be required by law.

SEC. 52. Each township treasurer, within the time limited for filing his oath of office, and before entering upon the duties of his office, shall execute a bond to the supervisors of the township, in such sums and with such sureties, as the chairman of the township supervisors shall require and approve, conditioned for the faithful discharge of the duties of his office, and that he will faithfully and truly account for, and pay over according to law, all money which shall come in his hands as such treasurer, and the said supervisor shall endorse his approval thereon, and file the same in the office of the township clerk.

SEC. 53. Every township treasurer shall keep a true account of all moneys by him received by virtue of his office, and the manner in which the same is disbursed, in a book to be provided at the expense of the township for that purpose, and exhibit such account with his vouchers to the township Board, at its annual meeting, for adjustment, and he shall deliver all books and prohis successor, perty belonging to his office, and the balance of all money in his hands as such treasurer, to his successor in office, on demand, after such successor shall have qualified according to law.

Shall deliver over books, money, &c., to

when.

Shall be collector of taxes.

To execute bond.

SEC. 54. The township treasurer of each township, shall, by virtue of his office, be collector of taxes for his township, and shall perform such duties as are prescribed by law.

CONSTABLES.

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in

SEO. 55. Every person elected or appointed to the office of constable, before he enters upon the duties of his office, and within the time prescribed by law, for filing his oath of office, shall How approved. execute an instrument in writing, with two or more sufficient sureties, to be approved by the township clerk, which writing Form of bond. shall in substance be in the following form: A chosen (or appointed) a constable in the township of the county of — and CF- as his sureties, do hereby jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, for or on account of any moneys which may come into his hands by virtue of his office, and for the neglect of any official duty. Dated at

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bond.

SEC. 56. The township clerk shall endorse on such instrument Clerk shall file his approval of the sureties therein named, and shall file the same A copy shall be prima facie in his office, and a copy of such instrument certified by the town- evidence, when ship clerk, under the seal of his township, shall be prima facie evidence in court, of the execution thereof by such constable and his sureties, and all actions against a constable or his sureties, upon any such instrument, shall be prosecuted within two years after the expiration of his term of office.

duties of con

SEC. 57. Any constable may serve any writ, process or order Powers and lawfully directed to him within his county, they shall be the min- stables. isterial officers of justices of the peace, and shall serve all processes issuing from their courts.

JUSTICES OF THE PEACE.

SEC. 58. Justices of the peace, after the first election under Term of office. the provisions of this chapter, shall severally hold their offices for two years from and after their election and qualification, except when elected to fill a vacancy and when so elected shall hold during the unexpired portion of such term.

SEC. 59. At the first township meeting in each township, there when elected. shall be elected four justices of the peace, or so many as may be necessary to make four, if there be any in the township, one-half of whom shall be elected for two years, and one-half for one year, and shall be so designated on the ballot.

bond.

Form of bond.

SEC. 60. Every justice of the peace, before he enter upon the To execute duties of his office, and within the time limited by law, for filing his oath of office, shall execute an instrument in writing with two How approved or more sufficient sureties, to be approved by two of the supervisors, which writing shall be in substance as follows: A B- —, chosen justice of the peace in the township ofand county of— and C- — D- -and EF, his sureties, do hereby jointly and severally agree to pay on demand, to each and any person who may be entitled thereto, all such sums of money, as the said justice may become liable to pay on account of any moneys which may come into his hands by virtue of his office. Dated at

this

day

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bond.

SEC. 61. The approval of said bond shall be endorsed there- Clerk shall file on, and the said justice shall cause the same to be filed in the

prima facie

A copy shall be office of the township clerk, and a copy of such instrument duly evidence, when certified by such clerk under the seal of the township, shall be prima facie evidence of the contents and execution thereof.

When elected

to fill vacancy,

SEC. 62. Whenever a justice of the peace shall be elected to shall be stated fill a vacancy, it shall be so designated on the ballot.

on the ballot.

Township
Board.

Vacancy how filled.

Meetings when held and for

TOWNSHIP BOARD.

SEC. 63. The supervisors of each township shall constitute a township Board, for the purpose of auditing all accounts, payable by such township, and if from any cause there shall not be three supervisors present, the vacancy shall be filled by some one or more justices of the peace, to be designated by such of the supervisors as are present.

SEC. 64. The township Board shall meet annually, on the what purpose. Tuesday next preceeding the annual township meeting, to be held in such township for the purpose of auditing and settling all charges against the township, and they shall state in each account the amount allowed by them; but no allowance shall be made on any account which does not specifically state each item of the same, and the nature thereof.

Shall examine and audit ac

SEC. 65. The said Board shall also at said meeting, examine counts of offic- and audit the accounts of the township treasurer, and of all other township officers who are by law authorized to receive or disburse any money of the township by virtue of their office.

ers.

Shall draw up a report.

Report shall be read by the

olerk, when.

Accounts audited and allowed by the board, by whom paid.

SEC. 66. Said Board shall draw up a report, stating in detail the items of accounts audited and allowed, the nature of each account, and the person to whom such allowance was made. Such report shall contain a statement of the fiscal concerns of the township, and an estimate of the sum necessary for the current expenses thereof, the support of the poor and other incidental expenses of the ensuing year.

SEC. 67. Such report shall be publicly read by the clerk at the next ensuing township meeting, and the whole or any part of said report may be referred to a committee, whose duty it shall be to examine the same and report thereon to such meeting.

SEC. 68. The amount of any account audited and allowed by the township Board, and the amount of any account voted to be allowed at any township meeting, shall be paid by the township treasurer on the order of the Board, signed by the chairman, and attested by the clerk, and the clerk shall keep a correct account of all orders issued, with the number, date and amount of each, and to whom payable.

shall be clerk

of the board.

His duties.

SEC. 69. The township clerk shall be the clerk of the township Township clerk Board, and shall keep a true record of all their proceedings, in his office; he shall file in his office all accounts audited by the township Board, and preserve the same for the inspection of any of the inhabitants of the township.

of supervisors,

clerks of elec

SEC. 70. Supervisors, assessors, and clerks of election, shall Compensation each be entitled to two dollars per day, for each day actually de- assessors and voted to the discharge of their duties. The township clerk shall tion. be entitled to such compensation as may be allowed by the township Board.

SEC. 71. All acts and parts of acts heretofore passed upon the Acts repealed. subject of this Act, are hereby repealed.

[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.

CHAPTER LXXII.

TOWN SITES.

AN ACT to Regulate the Entries and Disposal of Town Sites.

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

SECTION 1. That in all cases in which any of the public land of the United States in Kansas Territory has been or shall hereafter be selected and occupied as a town site, if the inhabitants of such town shall be at the time incorporated, it shall be the duty of the corporate authorities of such town, or if not incorporated, then of the judges of the county in which such town site is situate, whenever called on by any of the occupants of such town, and the money for the entrance of such town site furnished, to enter such town site under the Act of Congress entitled "An Act for the relief of the citizens of towns upon the the lands of the United States, under certain circumstances. Approved May 23, 1844."

SEO. 2. That whenever any town site has been or shall hereafter be entered under the provisions of the above recited Act of

Town sites. whom entered:

how and by

Land thus enconveyed to the

tered shall be

town company,

All persons who

Jay out and se

deemed occupants.

Congress, and the persons who selected or laid out such town site, or their assigns, have been or shall hereafter be incorporated as a town company, with power to purchase and hold the land on which such town is situated, it shall be the duty of the person or persons entering such town site, to convey the land thus entered to such incorporated company; and where the persons who laid out such town have not been incorporated, it shall be the duty of the person entering such town site to convey the land and lots embraced in such town site to the persons who laid out such town, or to their assigns.

SEC. 3. That all persons who select and lay out a town site, leet a town site and their assigns, shall be deemed occupants of said town site and the lots embraced therein, within the meaning of the above recited Act of Congress, and deeds shall be made accordingly.

When persons entering town

site convey land shall

to town com

vest in pur

chasers.

SEC. 4. That whenever the persons entering any town site convey the land entered by them to any town company, or pany title shall to the persons who may have laid out such town site, the title thus conveyed shall vest in the persons who may have purchased from such company, or from the persons laying out such town site, as fully and to the same extent that such title would have vested had such town company, or the persons laying out such town, had title to said land at the time of the sale thereof.

When entered deeds shall be made.

and how made.

SEC. 5. That when a town site is entered under the above recited Act of Congress, by the corporate authorities of any incor Nature of deeds porated town, deeds shall be made by the mayor or other chief officer of such town for the time being, and said deed or deeds shall be attested by the city clerk or register, and shall be signed by such mayor or other chief officer, under the corporate seal of said city, attested by said city clerk or register, if said city shall have a corporate seal; and if it shall have no seal, then under the scrawl or private seal of said mayor or other chief officer, attested by the city clerk or register, as aforesaid. When the land is entered by the judges of the county court, deeds shall be made by the presiding judge of such court, signed by him, and under his scrawl or private seal. In all cases, deeds shall be acknowledged by the officer executing the same, as other deeds for land are acknowledged, and may then be recorded in the office of the recorder of the proper county, in like manner and with like effect as other deeds for lands; and when so acknowledged and recorded, shall be deemed prima facie evidence of title in the person to whom such deed is made.

When a person interested in a

SEC. 6. That if the presiding officer of any town, or the

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