forty-five of this Act, shall for each such offence or violation forfeit the sum of twenty dollars, and shall be deemed to have forfeited his license.

selling without

SEC. 47. That whoever shall sell, within the bounds of said Penalty for city, any fermented or distilled liquors, without having a license license. therefor, as in this Act provided, shall for each offence forfeit

the sum of twenty dollars.

how brought.

SEC. 48. That prosecutions for any fine, penalty or forfeiture Prosecutions, provided for or imposed by this Act, shall be brought in the name of the city of Lecompton, and be commenced and carried on before any justice of the peace. The mayor or any member of the common council shall have full authority to appear, prosecute or answer and defend for the said corporation, without any letter or warrant of attorney therefor.

recover penal

ties, &c.

SEC. 49. That in any action brought by or in the name of of actions to said corporation, to recover any penalty or forfeiture imposed by this Act, or which may be imposed or given by any rule, regulation, ordinance or by-law, passed, ordained or enacted by the common council, it shall be sufficient in all cases, without setting forth any special matter, to allege in the complaint, that the defendant is indebted to said corporation in the amount of such penalty or forfeiture, whereby an action hath occurred, according to the provisions of this Act, naming the subject thereof, and referring to the title and section, or according to the rules, regulations, ordinances or by-laws of said city, naming the subject thereof, and referring briefly to the section, by-law or ordinance, for a violation of which the action is brought, and also the date of its passage by said common council; and the process for the commencement of any such action may be by summons, and shall have an endorsement thereon, to the effect that it is issued to enforce a penalty imposed in accordance with the provisions of the act amending an act incorporating the city of Lecompton, and no other endorsement thereon shall be necessary.

public act.

SEC. 50. That this Act is hereby declared a public act, and all This Act a courts shall be bound to take judicial notice of the same and all the provisions thereof.

ferred on coun

SEC. 51. That in addition to the special powers conferred Powers conupon the common council of said corporation by virtue of this eil. Act, they shall have such other and general powers as may be necessary for the carrying out of the provisions of this Act.

SEC. 52. That the common council shall have power to remit Same. any poll tax levied upon any poor or indigent person, and to dis

Acts repealed.

charge him from the payment thereof. They shall also have full power, in all cases, to correct the tax and assessment roll, when it shall appear clear to them that any mistake has been made therein, in the description of property or in any other

manner.

SEC. 53. That all acts and parts of acts heretofore framed inconsistent with the provisions of this Act, are hereby repealed. This Act shall take effect immediately.

[Signed,]

G. W. DEITZLER,

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

President of the Council.

Approved February 11, 1858.

J. W. DENVER,

Acting Governor.

Situation of Leavenworth city.

CHAPTER LXXXIV.

CITY OF LEAVENWORTH.

AN ACT to Incorporate and Establish the City of Leavenworth, Kansas Territory, and for revising and repealing all Laws and parts of Laws heretofore enacted on that subject.

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

ARTICLE I.

SECTION 1. That all that district of country described as follows, to wit: Beginning at the point in the Missouri river, in the middle of the main channel, opposite to where the southern line of the United States Military Reserve, around Fort Leavenworth, strikes the Missouri river, running thence a westerly course with the south line of said reserve, to the intersection of said line with the section line running north and south, between sections 27 and 28, in township 8 south, range 22 east of 6 principal meridian; following said range line between sections 27 and 28, and 33 and 34, in said township, and sections 3 and 4 in township 9 south, range 22 east of said meridian, to the corner of sections 3, 4, 9, 10, in said last mentioned township; thence east, in the line dividing sections 3 and 10, sections 2 and 11, sections 1 and 12, until said line intersects the middle of the main channel of the Missouri river; thence northerly, up the

Missouri river in the middle of the main channel thereof, to the

poration.

place of beginning, is hereby erected into a city by the name of Incorporated. the City of Leavenworth, and the inhabitants thereof are hereby constituted a body corporate and politic, by the name and style of the City of Leavenworth, and by that name they and their successors shall be known in law, have perpetual succession, sue Powers of corand be sued, plead and be impleaded, defend and be defended in any and all courts of law or equity, and in all actions whatsoever, may contract and be contracted with, may purchase, receive and hold property, both real and personal, within said city, and may sell, lease, convey, or otherwise dispose of the same for the benefit of the city; may purchase, receive, hold, lease or convey property, both personal or mixed, beyond the limits of the city, to be used for the burial of the dead, for the erection of waterworks, for the establishment of hospitals, poor-houses, workhouses, houses of correction, or for any purpose which may tend to the general good of the city, and may have a common seal and change the same at pleasure.

SEC. 2. That the corporate powers and duties of said city City officers. shall be vested in a mayor and board of councilmen, to be styled

the City Council of the City of Leavenworth.

tablish ordi

SEC. 3. That the inhabitants of said city, by the name and Power to esstyle aforesaid, shall have power to provide and establish, by nances, &c. ordinance, all necessary organic and municipal laws, rules and regulations, for the government of the inhabitants and enforcing the same; to pass all ordinances that may be necessary to carry any of the provisions of this charter into effect, to pass any ordinance necessary for the well being of the inhabitants, and pass and provide for the enforcement of any and 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.

dinances.

SEC. 4. That the enacting clause of all ordinances shall be, Enacting of or"Be it ordained by the mayor and councilmen of the city of Leavenworth," and all ordinances shall be published in such manner as may be provided by ordinance prescribing the same, and no ordinance shall be enforced until so published. SEC. 5. That all free white male citizens of the United States, Qualification or who have lawfully declared their intention to become such, who are twenty-one years of age, and who shall have resided within the city limits three months next preceding any election, shall be deemed qualified electors of said city, in the ward [in] which they may reside.

of voters.

Officers,

Eligibility to office.

Annual election.

Officers to be elected.

City council.

City to be divided into wards.

If officer remove from city, &c.

ARTICLE II.

SEC. 1. That the permanent officers of the city of Leavenworth shall be a mayor, twelve councilmen, city clerk, recorder, marshal, assessor, treasurer, attorney, city engineer, street commissioner, and such other officers as may be created or established by ordinance.

SEC. 2. That any person possessing the qualifications of an elector, shall be eligible to an election or appointment to any office in said city.

SEC. 3. That the regular annual election for officers in said city, shall be held at such time and in such manner as may be fixed by ordinance, and at such places as may be designated by the mayor.

SEC. 4. That at each annual election there shall be chosen by the qualified electors of said city, the following officers, to wit: Mayor, twelve councilmen to be elected by wards as may be established and apportioned by ordinance—city clerk, recorder, marshal, city attorney, assessor, treasurer and street commissioner. All other officers of the city shall be elected or appointed as may be determined by ordinance. All officers, so elected or appointed, shall hold their office for one year, and until their successors are elected or appointed according to law, and the provisions of any ordinance or ordinances touching such elections or appointments, unless sooner removed, in such manner and for such offences as may be prescribed by ordinance.

ARTICLE III.

SEC. 1. That there shall be in said city a city council, which shall consist of a mayor and board of councilmen, which board shall consist of twelve members, said members to be chosen in the respective wards of the city, as they may be apportioned thereto by ordinance.

SEC. 2. That the said city shall be divided by ordinance, into not less than two nor more than six wards, and the number of councilmen to be elected in each ward shall be established by ordinance, in proportion to the population of said wards respectively.

SEC. 3. That if the mayor, or any other officer of this city, shall remove from the city, or any councilman shall remove from the ward from which he was elected, his office shall be thereby vacated.

SEC. 4. That the city council shall judge of the qualifications,

elections and returns of their members, and shall determine all Council to decontested elections in such manner as may be regulated by tions, &c. ordinance.

termine elec

SEC. 5. That a majority of the city council shall constitute a Quorum quorum to do business, but a smaller number may adjourn from time to time, and shall have power to compel the attendance of absent members, under such penalty as may be provided by rules of the city council for their own government.

member.

SEC. 6. That the city council shall have power to determine May expel a the rules of its proceedings, punish disorderly conduct, and, with the concurrence of two-thirds of its members, to expel any member.

council to be

SEC. 7. That the city council shall keep a journal of its pro- Journal of ceedings, and from time to time publish the same, and the yeas published. and nays, when demanded by any member, shall be entered in

the journal.

shall be ap

SEC. 8. That no councilman shall be appointed, by the city No councilman council, to any office, under the authority of the city, during the pointed to of time for which he was elected.

fice.

SEC. 9. That all vacancies in the city council shall be filled Vacancies. by election by the people.

scribe an oath.

SEC. 10. That the mayor, members of the board of council- Officers to submen, and all other officers of the city, whether elected or appointed, before entering upon the duties of their office shall take and subscribe an oath that they will support the constitution of the United States, the Organic Law of this Territory, and will faithfully comply with the provisions of this charter, and well and truly perform the duties of their office impartially, and to the best of their skill and abilities.

ARTICLE IV.

or.

SEC. 1. That the mayor shall preside at all meetings of the Duties of maycity council, and shall have a casting vote when the councilmen shall be equally divided, and none other; he shall sign all bills before they shall become ordinances, but may refuse or decline to sign any bill which he may deem inexpedient, or in violation of any provision of this charter, and, upon such refusal, shall, at or before the next regular meeting of the city council, after the passage of such bill, return the same with his objections thereto, in writing; thereupon the council shall reconsider said bill and dispose of it by yeas and nays entered upon their journal, and if a majority of the whole city council shall vote yea