CHAPTER CXVII. JEFFERSON COUNTY-BUILD CERTAIN BRIDGE. AN ACT to authorize the county commissioners of Jefferson county to provide for building a certain bridge. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That the board of county commissioners of Jefferson county be and are hereby authorized to cause to be built, at Walker's ford, on Delaware river, in Osawkee township, in said county, a suitable public wagon bridge across said river, within one year from taking effect thereof: Provided, That same shall not cost exceeding five thousand dollars; and said board of county commissioners are hereby authorized to appropriate from the general revenue of said county the necessary sum required thereof, not exceeding the sum of five thousand dollars. SEC. 2. This act shall take effect from and after its publication in the Valley Falls New Era. Approved March 11, 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 Valley Falls New Era, March 15, 1879. JAMES SMITH, Secretary of State. CHAPTER CXVIII. JOHNSON COUNTY-A. J. CLEMMANS, PAY CERTAIN MONEYS TO. AN ACT authorizing the board of county commissioners of the county of Johnson, state of Kansas, to pay A. J. Clemmans, sheriff of said county, certain moneys expended by said sheriff in the arrest and return to said county of Tom Richey, who was convicted of rape and grand larceny. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That the board of county commissioners of the county of Johnson, state of Kansas, be and they are hereby authorized to pay to A. J. Clemmans, sheriff of said county, all moneys expended by him as such sheriff in the payment of rewards and necessary traveling expenses in the arrest and return to said county of Tom Richey (who was convicted in the district court for said county of rape and grand larceny), out of any moneys belonging to said Johnson county, not otherwise appropriated; such payment to be made only upon an itemized account of such expenditures, duly filed. SEC. 2. This act shall take effect and be in force from and after its publication once in the Topeka Daily Commonwealth. Approved March 11, 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 Daily Commonwealth, March 15, 1879. JAMES SMITH, Secretary of State. CHAPTER CXIX. LEAVENWORTH COUNTY-STATUTE REPEALED. AN ACT to repeal section 2 of chapter 139, being "An act to amend an act, entitled 'An act relating to taxation in the county of Leavenworth,'” approved February 27, 1872. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That section two of an act to amend an act entitled "An act relating to taxation in the county of Leavenworth," approved February twenty-seven, eighteen hundred and seventy-two, be and the same is hereby repealed. SEC. 2. That this act shall take effect and be in force from and after its passage. Approved March 8, 1879. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office. JAMES SMITH, Secretary of State. CHAPTER CXX. LEAVENWORTH COUNTY-RELATING TO TAXATION IN. AN ACT relating to taxation in Leavenworth-county, and to repeal chapter 148 of the session laws of 1871, and chapter 90 of the session laws of 1876, and sections 4, 5 and 6 of chapter 36 of the session laws of 1876. Be it enacted by the Legislature of the State of Kansas: may be levied. SECTION 1. The county commissioners of the county of Amount that Leavenworth are hereby authorized to levy upon all the taxable property in said county, for the year eighteen hundred and seventy-nine, and for each subsequent year, the following taxes, and no more, to wit: For current expenses of the county, five and one-half mills on the dollar; for support of the poor of the county, one mill; for road expenses and damages, one-tenth of one mill; for bridges and repairs, one mill; for judgments against the county, not exceeding one-half of one mill in any one year: Provided, That nothing herein Proviso. shall be so construed as to limit, restrict or otherwise affect the power of the said commissioners to provide for the payment of the interest and principal of the bonds of said county to be issued in pursuance of any act of the legislature passed or to be passed at this session, providing for the issue of any bonds to purchase, compromise, take up or settle any of the existing indebtedness of said county. second Tuesday of October. SEC. 2. The fiscal year of the county of Leavenworth shall Fiscal year begin begin with the second Tuesday of October, and the tax levied by virtue of section one of this act, in the year eighteen hundred and seventy-nine, and each year thereafter, shall be applied to the expenses of the fiscal year beginning the second Tuesday of October in each year; and no part of the tax levied in any one year shall be used to pay any indebtedness due before the beginning of the fiscal year for which such levy was made. SEC. 3. That no contract shall be made or indebtedness incurred, or order, warrant or other evidence of indebtedness of the county of Leavenworth be drawn or issued on the treasurer, in payment of any indebtedness, to exceed the amount of funds on hand in the treasury to the credit of the fund on which the order is drawn at the time, after reserving therefrom a sum sufficient to pay the fees and salaries of the No warrant debtedness drawn or inincurred, when. Unlawful for board to remit any tax, etc., after it has ad journed as a zation. county officers, clerk, and employés: Provided, That every order or warrant drawn on the treasury shall express on its face to whom issued, and for what purpose allowed. SEC. 4. After the board of county commissioners has adjourned as a board of equalization, it shall be unlawful for board of equali- it to remit any tax levied, or any interest or penalty thereon, or in any manner lessen the valuation of any property whatsoever; and if the county treasurer shall receive any tax without penalty, after such penalty becomes due and payable, he shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace in said county shall be punished by a fine of not less than the amount of the penalty that should have been collected, and not more than one hundred dollars. Responsible on official bond for voting to allow any claim, etc., when. Violation of provisions of act deemed a mis demeanor. SEC. 5. Each and every county commissioner who shall vote for allowing any claim or demand against the county or incurring any indebtedness contrary to the provisions of this act, together with the sureties on his official bond, shall be jointly and severally liable to the county for the full amount of such claim, demand or indebtedness, and to the party in whose favor such claim or demand is allowed or indebtedness incurred, to be recovered in a civil action against such commissioner or commissioners so violating, and his or their sureties, in any court of competent jurisdiction. Such action may be brought either by the county, or the person in whose favor the claim or demand was allowed or indebtedness incurred. SEC. 6. If any county officer shall violate any of the provisions of this act, or any county commissioner shall vote for allowing any demand against the county, or incurring any indebtedness contrary to the provisions of this act, or if any such commissioner or county officer shall misappropriate any of the property, or misapply any of the funds, he shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction shall be punished by a fine not to exceed one thousand dollars, and by imprisonment in the county jail not to exceed one year. It shall be the duty of the county attorney to prosecute all violations of the provisions of this act, on the written request of any three citizens Provisions of act and tax-payers of said county: Provided, That the provisions of this act shall not apply to any failure or neglect on the made therefor. part of the board of county commissioners of such county, or Duty of county attorney. not to apply to indebtedness already existing, when no levy is any member thereof, to levy any tax to pay any interest or principal due, or to become due, on any of the bonds of the county heretofore issued, or on any indebtedness heretofore contracted by said county, or any judgment heretofore or hereafter to be rendered on any such bonds or indebtedness; and any failure of such board or the members thereof to make a levy of taxes to pay the interest and principal due or to become due on any such bonds heretofore issued, or indebtedness heretofore contracted, or judgments heretofore or hereafter to be rendered on any such bonds or indebtedness, shall not work a forfeiture of the official bonds of such commissioner, and neither they nor their official sureties on their official bonds shall be civilly or criminally liable for any such failure or neglect. SEC. 7. Chapter one hundred and forty-eight of the session laws of Kansas of eighteen hundred and seventy-one, and chapter ninety of the session laws of Kansas of eighteen hundred and seventy-six, and sections four, five and six of chapter thirty-six of the session laws of eighteen hundred and seventysix, be and the same are hereby repealed. SEC. 8. This act shall take effect and be in force from and after its publication in the Leavenworth Daily Times. 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 Leavenworth Daily Times, March 29, 1879. JAMES SMITH, Secretary of State. CHAPTER CXXI. LYON COUNTY-BUILDING CERTAIN BRIDGES. AN ACT to enable the county commissioners of Lyon county to build certain bridges therein named, and to make appropriations therefor. Be it enacted by the Legislature of the State of Kansas: bridges may be SECTION 1. That the county commissioners of Lyon county, Points at which Kansas, are hereby authorized and empowered to build a built. bridge across the Cottonwood river in said county, at what is |