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Transfer or sell

stock of A. T. & S. F. R. R. Co.

Proceeds used in purchase of bonds of township.

Other bonds that

may be purchased, when.

Trustee execute bond.

Compensation.

ized to sell and transfer the capital stock in the Atchison, Topeka & Santa Fé railroad company, which is now held or may hereafter be acquired by said township, under a subscription heretofore made by said township to the capital stock of said company.

SEC. 2. The proceeds of the sale of such stock shall be applied by said trustee to the purchase of any outstanding bonds of said township, at their market price, and such bonds when so purchased shall be canceled and destroyed.

SEC. 3. In case any portion of the proceeds of such capital stock shall remain for six months unexpended in the purchase of such outstanding bonds, then said proceeds shall be used to purchase for said township such bonds of the state of Kansas, or of any counties, townships or school districts. therein, as said trustee shall deem best; and such state, county, township or school-district bonds may be again sold. by said trustee, whenever he has an opportunity to use the proceeds thereof in purchasing outstanding bonds of said township.

SEC. 4. Before the said trustee shall have the authority intended to be conferred by this act, he shall execute a bond to said township, approved by the clerk and treasurer of said township, in the sum of sixty thousand dollars, that he will faithfully discharge the duties imposed by this act, and will deliver and pay over to said township all moneys and bonds which shall be received by him as such trustee.

SEC. 5. Each of the successors of said trustee shall be the custodian of any money or bonds remaining on hand belonging to said township under the provisions of this act, after giving such bond as may be required by said clerk and treasurer for the proper custody and application of any such money or bonds.

SEC. 6. The said trustee shall receive such compensation for his services and expenses under the provisions of this act as said clerk and treasurer shall deem just and reasonable.

SEC. 7. This act shall take effect and be in force from and after its publication in the Commonwealth.

Approved March 10, 1879.

I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office, and that the same was published in the Commonwealth, March 13, 1879. JAMES SMITH, Secretary of State.

CHAPTER XCVIII.

DISABILITIES REMOVED-TAYLOR BROWN, AND OTHERS. AN ACT to remove the political disabilities of Taylor Brown, of Butler county, Kansas, and certain others therein named.

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

SECTION 1. That the political disabilities imposed by section two of article five of the constitution of the state of Kansas, as amended November fifth, eighteen hundred and sixty-seven, upon Taylor Brown, of Butler county; W. P. Ewing, of Barbour county; A. P. Boswell, of Montgomery county; J. C. Guinn, of Barton county; J. W. Keller, of Barton county; W. M. Kincaid, of Barton county; W. K. Horton, of Wilson county; John B. Lile, of Butler county; D. V. Elliott, of Ottawa county; J. H. Gresham, of Harvey county, William V. Ellis, of Montgomery county, and C. W. Webster, of Ottawa county, Kansas, be and the same are hereby removed.

SEC. 2. This act shall take effect and be in force from and after its publication in the Topeka Commonwealth.

Approved March 7, 1879.

I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office, and that the same was published in the Topeka Commonwealth, March 8, 1879. JAMES SMITH, Secretary of State.

CHAPTER XCIX.

DISABILITIES REMOVED.

AN ACT removing the political disabilities of Robert N. Smith, S. J. Ad-
kins, J. B. Brooks, Jacob Acker, Frank Mastin, John Trout, W. P.
Barley, T. B. Campbell, J. F. Martin, M. S. Ely, J. H. Trout, A. J.
Gardenline, B. F. Furgeson, J. B. Brooks, S. D. Leslie, S. J. Adkins,
S. K. Hancock, J. M. Peters, T. W. Walker, Ignatius B. Walker, J. B.
Cannon, Thomas T. Ball, R. J. Routon, J. C. Bowers, W. B. Roper,
S. W. Lard, A. L. Duncan, J. C. Byrd, W. C. Adams, A. J. Robbins,
Wilson Lewis, A. Thompson, John Thompson, W. W. Jayne, E. E. Ball,
W. W. Wyatt, W. H. H. Adams, Joseph K. P. Carr, Wade H. Thomp-
son, George Crook, Stephen A. Underdown, H. H. Hagar, Andrew J.
Hughes, A. J. Drake, Aaron G. Wallace, and William Pack.
Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That the political disabilities imposed by section two of article five of the constitution of the state of

Names.

Exercise full rights of citizenship.

Kansas, as amended November fifth, eighteen hundred sixtyseven, upon the persons following: Robert N. Smith, Aaron G. Wallace and William Pack, of McPherson county; S. J. Adkins, J. B. Brooks, Jacob Acker, Frank Mastin, John Trout, W. P. Barley, T. B. Campbell, J. F. Martin, M. S. Ely, J. H. Trout, A. J. Gardenline, B. F. Furgeson, J. B. Brooks, and S. D. Leslie, of Reno county; S. K. Hancock, J. M. Peters, T. W. Walker, J. B. Cannon, Thomas T. Ball, R. J. Routon, J. C. Bowers, D. C. Roper, W. B. Roper, A. J. Robbins, Wilson Lewis, A. Thompson, John Thompson, W. W. Jayne, James K. Crockett, and E. E. Bull, of Chautauqua county; S. W. Lard and A. L. Duncan, of Barbour county; J. C. Byrd and W. C. Adams, of Cherokee county; George Crook, of Clay county; O. F. A. Pirkey, of Brown county; John W. Moyle, of Butler County; W. W. Wyatt, of Sumner county; W. H. H. Adams and Joseph K. P. Carr, of Butler county; Ignatius B. Walker, of Chautauqua county; Stephen A. Underdown, of Pottawatomie county; H. H. Hagar, Andrew J. Hughes and A. J. Drake, of Crawford county, state of Kansas, be and the same are hereby removed; and each of said persons is hereby authorized and empowered to exercise and enjoy the rights of full citizenship, with the right and power to vote and hold office, to the same extent as if such political disabilities did not exist.

SEC. 2. This act shall take effect and be in force from and after its publication in the Topeka Commonwealth.

Approved March 12, 1879.

I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office, and that the same was published in the Topeka Commonwealth, March 15, 1879. JAMES SMITH, Secretary of State.

Power of township trustee.

CHAPTER C.

DRAINAGE-SWAMP, BOTTOM OR OTHER LOW LANDS-
PROVIDING FOR.

AN ACT providing for the drainage of swamp, bottom or other low lands.
Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That the township trustee of any township in this state shall have power, whenever in his opinion the same

is demanded by, or will be conducive to the public health, convenience or welfare, to cause to be established, located and constructed, as hereinafter provided, any ditch, drain or watercourse within such township.

SEC. 2. That before the township trustee of any such township shall take any steps toward locating, establishing any ditch, drain or water-course, there shall be filed with the township clerk a petition of one or more persons owning lands adjacent to the line of any such proposed ditch, drain or water-course, setting forth the necessity of the same, with a substantial description of its proposed starting point, route and terminus, and shall at the same time file a bond, with good and sufficient sureties to the acceptance of said township clerk, conditioned to pay all expenses incurred in case the trustee shall refuse to grant the prayer of the petitioner. And thereupon the township clerk shall give notice to the township trustee of the filing and pendency of said petition, and said trustee shall immediately determine his proceedings thereunder. And thereupon the petitioner, or one of the petitioners, shall cause notice in writing to be given to the owner, or one of the owners, of each tract of land sought to be affected by said proceedings of the filing and pendency of said petition, said notice to state substantially the prayer of said petition, the time and place when and where the same will be for hearing by the township trustee; but nothing in this section shall be taken to prevent the petitioner from giving printed notices if he or they desire. If any person owning lands sought to be affected by said proceedings be a non-resident of the county, a notice such as is contemplated by this section shall be given him by publication for two consecutive weeks in some newspaper published or of general circulation in said county. The death of any party or parties in interest shall not work an abatement of proceedings under this act; but the trustee, being notified, shall order such notice as is contemplated in this section to be given to the person or persons succeeding to the right of such deceased party or parties: Provided further, That [where] any ditch may be located and established through a portion of any two townships within the same county, or where benefit or damage shall attach to lands situate in the same, the trustees of such townships shall constitute a joint board for such proceedings, and in such case the petition shall be filed with and the rec

[blocks in formation]

Person claiming compensation

ceedings.

ord be kept by the clerk of the township through which the greater portion of such ditch may run; and in all other respects such joint board shall have the same powers and authority that the township trustee has under this act.

SEC. 3. That any person or persons claiming compensation priated, propo- for lands appropriated for the construction of any ditch, drain or water-course, under the provisions of this act, shall make his, her or their application in writing therefor to the clerk of said township, on or before the day appointed for the hearing of said petition, which application shall be laid by the clerk before the trustee; or in case the trustee shall establish the ditch, or a portion thereof, on a different line from that specifically described in the petition, insomuch that the same shall pass through tracts of land not described or contemplated by the petition, then, and in such case, the owner of such lands may make his application in writing for compensation at any time before the order of the trustee establishing and locating such ditch is entered upon the township record; and on failure to make such application in either of said cases, such owner or owners shall be deemed and held to have waived his, her or their right to such compensation.

Day set apart for

hearing petition;

SEC. 4. That on the day set for the hearing of said petiduty of trustee. tion, if it appear to the trustee that any person or persons who may be interested in said ditch have not been notified as required by this act, or that any requisite preliminary steps have not been taken, he shall adjourn to some future time, not exceeding twenty days, and order such notice to be given, or such preliminary steps to be taken. But if said trustee shall find that said bond has been filed and said notice given, he shall proceed to determine said petition, and if he deem it necessary, shall view the premises along such proposed route, and if he find such ditch, drain or water-course to be necessary, and that the same is demanded by or will be conducive to the public health, convenience and welfare, shall proceed to locate and establish such ditch, drain or water-course as substantially conforms with the route described in the petition, and he shall, at the same time, examine into and determine all applications made to him for compensation, as provided for in the third section of this act, and shall specify the several amounts to whom and by whom paid, and the time of payment thereof. Said trustee, in hearing and determining

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