Territory, shall hold his office at the county seat, and may appoint a deputy.

SEC. 22. The records of the County Court shall be kept in separate books, probate matters being in one, and county matters in another.

SEC. 23. The Clerk may acknowledge conveyances and administer oaths.

Approved December 6th, 1859.

CHAPTER XIII.

AN ACT

Providing for the Election of County Officers, and other Purposes.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That the Governor shall issue his proclamation calling an election in the various counties of this Territory on the first Monday of January, A. D. 1860, for the election of the following county officers in each county in the Territory, unless otherwise expressly provided for by law: for one sheriff, for one County Recorder, for one County Treasurer, for one County Attorney, for one Assessor, for two Justices of the Peace and for two Constables.

SEC. 2. That he shall also require the voters of the different counties, to vote at said election for the location of their county seat, and the place receiving the highest number of votes shall be declared the temporary seat of Justice for said county in the respective counties in which they are situated.

SEC. 3. The return of said election shall be made to the (president) Judge of the County Court, appointed by the Governor, who shall canvass the votes in connection with two other citizens whom he may select for that purpose, and issue certificates of election to those entitled to the same.

SEC. 4. The returns shall be made to the board of canvassers within five days after the day of election, and the return shall be canvassed by said board in ten days after the day of election.

SEC. 5. The legal voters of said election shall be the white male citizens of the county over the age of twenty-one years, and shall have a residence in the county at least ten days before the election.

SEC. 6. There shall be an election holden in the various counties in this Territory, on the first Monday in July, A. D. 1860,

for the permanent location of their county seats, and the place receiving a majority of all the votes cast, shall be declared the permanent county seat, provided that should none of the places voted at the first election, receive a majority of all the votes cast, then the two places receiving the largest number of votes, shall be the places voted for at the next election which shall be holden on the first Monday in August, 1860, and the place receiving the highest number of votes, shall be declared the permanent county seat of said county.

SEC. 7. Said canvass shall be made in each county by the board of canvassers, at such place as may be designated by the Governor in his proclamation for the election. Approved December 7th, A. D. 1859.

CHAPTER XIV.

AN ACT

Establishing the office of County Treasurer.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That there shall be elected by the voters of each county within the Territory, at the first election held in the county for county officers, a county Treasurer, who shall hold his office during good behavior, or until removed or suspended by due course of law, who shall perform such duties as may be enjoined by law.

SEC. 2. No person shall be eligible to the office of county treasury who has not been a resident of the county at least three months, and who is at the time of election a resident householder of the county, and a legal voter therein.

SEC. 3. It shall be the duty of the county treasurer to keep his office at the county seat of his county, to receive into the treasury all moneys that may be paid to him for county purposes, and to give duplicate receipts for the same to the officer or person paying the same, which receipt shall state the amount received, the time of receiving, and on what account the sum was collected and paid over, and by whom paid; and it shall be the further duty of such treasurer to safely keep all the moneys paid to him, subject to the order of the county court, and to pay the same out on the warrants of the county court, signed by the president, and attested by the clerk of said court, and in no other way.

SEC. 4. Whenever any such county warrant shall be presented

to the treasurer, it shall be his duty to pay the same out of any money in the treasury belonging to the fund on which such warrant is drawn; and in case there is no money in his hands belonging to such fund, he shall endorse on such warrant the time of presentation, and that it is not paid for want of funds.

SEC. 6. It shall be the duty of the county treasurer to keep regular and just accounts of all the business of his office, and shall present and exhibit statements or settlements of the same to the county court, at such time as said court may direct, and shall at all times obey all rules or orders of such court in regard to the duties of his office, and in default thereof, may be punished by such court for contempt, by fine not exceeding one hundred dollars. Approved December 3d, 1859.

CHAPTER XV.

AN ACT

To provide for the appointment of Notaries Public-Defining their Powers and Duties.

SEC. 1. Be it enacted by the General Assembly of the Provisional Government of the Territory of Jefferson, the Governor approving:-That Notaries Public shall be appointed and commissioned by the Governor upon a certificate of qualifications and good moral character from the clerk of the district court, countersigned by the judge of the district court of the respective counties, and who shall hold their office for two years.

SEC. 2. Before entering upon the duties of the office, each notary public shall file in the office of the clerk of the district court, to be approved by him, an official bond in the penalty of five hundred dollars, payable to the Territory of Jefferson, on the back of which bond shall be drawn his oath of office, which he shall take and subscribe before said clerk, which bond and oath shall be recorded by the recorder of the respective counties, and also shall have procured an official seal which will distinctly stamp upon paper the following words: (Name), Notarial Seal, County, Jef. Ter.

SEC. 3. All notaries shall have power throughout their respective counties,

First: To make protest of all notes, bonds, orders, bills of exchange, and certify the same, and do all other acts which, by the customs of merchants, they are authorized to do.

Second: To take and certify all acknowledgments of deeds or other instruments of writing required or authorized by law.

Third: To administer oaths generally, and to take and certify affidavits and depositions, all of which must be attested by his official seal.

SEC. 4. The official certificate of a notary public attested by his seal, shall be presumptive evidence of the facts therein set forth, and shall be received in evidence in the courts of the Territory, in cases authorized by section three.

SEC. 5. Notaries shall receive the following fees: Making and entering each protest, three dollars; for acknowledging each deed or other instrument, one dollar; for administering each oath, twenty-five cents.

Approved November 29th, 1859.

CHAPTER XVI.

AN ACT

For the Establishing, Opening, and Repairing of County Roads and Highways.

SEC. 1. Be it enacted by the General Assembly of the Provi sional Government of the Territory of Jefferson, the Governor approving:-All county roads shall be established, located, opened, and repaired, according to the provisions of this act.

SEC. 2. The County Court shall have power to make and enforce all orders necessary as well for the establishment and opening new roads as to change or vacate any county road, or any part thereof in their respective counties.

SEC. 3. All county roads shall be cut out not less than twenty nor more than forty feet wide, to be determined from time to time by the County Court ordering the establishing and opening the same according to the supposed utility of such road.

SEC. 4. All county roads shall be cleaned of trees which may incommode horsemen or carriages, and no stump in any county road shall exceed eight inches in height, and wet grounds and small water courses shall be causewayed and bridged in such manner as to enable horsemen and carriages to pass in safety.

SEC. 5. No bridge shall be built by the overseer and hands, the building of which shall be worth more than one hundred dollars. SEC. 6. Application for new county roads shall be made by petition signed by at least twelve householders of the precinct or

precincts through which such road is designed to run, three of whom shall live in the immediate neighborhood, specifying the proposed beginning, course and termination thereof, with not more than two points named in such petition on the direction of said road.

SEC. 7. The court when such petition is presented, shall appoint three disinterested householders of the county as commissioners. SEC. 8. The clerks of such courts shall within ten days after the appointment of such commissioners, deliver to the sheriff of the county a copy of the order of such appointment, with an endorsement thereon of the time of delivery.

SEC. 9. The Sheriff shall within ten days thereafter, notify the persons appointed by delivering to each of them a copy of such order or by leaving such copy at the usual place of abode of such commissioners, with some member of his family over the age of fifteen years.

SEC. 10. The Sheriff shall return the original order of appointment to the clerk who delivered it to him, with his certificate thereon, showing how he executed the same, before the next regular term of the court.

SEC. 11. The commissioners, or a majority of them, having taken an oath or affirmation faithfully and impartially to discharge their duties, shall proceed to view the route proposed, and to lay out and mark such road on the best ground that can be obtained, not running through any person's enclosure without the owner's consent, unless a good way cannot otherwise be had.

SEC. 12. The commissioners, or a majority of them, shall report a certified copy of their proceedings to the next regular term of said court, and if the court is satisfied that said road will be of public utility, and that it will not be burdensome on the citizens to open said road, and keep the same established and opened in pursuance of the provisions of this act.

SEC. 13. Any person wishing to cultivate lands through which any county road may run, may petition to the County Court, or any member thereof, in vacation for permission to turn the same at his own expense.

SEC. 14. The County Court or member to which such petition is made, shall thereupon appoint three disinterested householders as commissioners, who shall after having taken oath or affirmation to discharge the duty faithfully and impartially, proceed to view the same, and shall report their proceedings to the next regular term of said court.

SEC. 15. If upon such report the court is satisfied that the public will not be materially injured by such change, it shall order the same, and upon satisfactory proof of such road being opened in such manner as to be equally convenient to travelers, the court