May levy tax

for the support of schools.

Schools to be free.

Board of trustees of common schools.

Powers of the board.

SEC. 4. That for the purpose of more effectually supporting common schools, in said city, and to secure the benefit and blessings of an education to all the children therein, it shall be the duty of the city council, and they are hereby authorized to levy and collect an annual tax of one mill on a dollar, upon all the property in said city, subject to taxation for city purposes, which tax shall be exclusively appropriated to defray the necessary expense of said schools.

SEC. 5. That said schools in the several districts of said city, shall at all times be equally free, and accessible to all the children, not less than six nor more than twenty-one years old, who may reside therein, subject only to such regulations for their government and instruction as the trustees may from time to time prescribe.

SEC. 6. That at the next annual election for city officers in said city, and at each annual election thereafter the qualified voters of each ward, shall elect two judicious and competent persons, having the qualification of councilmen, as trustees of common schools, which trustees elected as aforesaid, shall constitute and be denominated the board of trustees of common schools in Lawrence, who shall hold their office for one year, and until their successors shall be elected and qualified, and fill all vacancies that may occur, in their own body during the time for which they shall be elected, subject to the confirmation of the city council.

SEC. 7. Said board shall have general superintendence of all the common schools, in said city, and from time to time make such regulations for the government and instruction of the children therein, as shall appear proper and expedient. They shall appoint and employ the teachers and instructors for the same, and visit each and every such school as often as once in every month. They shall cause a school to be kept in each district, for the term of six months at least in each year. They shall certify to the city council the correctness of all accounts for expenses, incurred in the support of said schools, and give the teachers employed therein, certificates of the amount due for such services. They shall, at the close of every current year, report to the city council the state and condition of the several schools in said city, as well the fiscal as the other concerns, in relation thereto, and a particular account of the administration thereof: Provided, that no person shall be employed, as a teacher in any of said schools, until he or she shall have been first examined by the board of examiners hereinafter mentioned, and have obtained

from said board a certificate of qualifications as to his or her competency and moral character.

levied and collected for

school purposes

SEC. 8. All moneys levied and collected in said city for the Of moneys support of common schools, shall be paid into the city treasury, which money shall be kept in the city treasury, as a separate and distinct fund, and the same shall not be applied, under any pretence whatever, to any other use, than that for which it was levied and collected; and separate and particular accounts of the receipts and expenditures thereof, shall be kept by the treasurer, in a book to be provided for that purpose.

SEC. 9. A majority of all the members of said board, shall Quorum. constitute a quorum for transacting the business thereof.

seat may be

declared va

Board of exam

pointed.

SEC. 10. If any member of said board shall absent himself A member's from the regular meetings of said board, for six successive weeks, unless by reason of sickness or absence from this city, or by consent of said board, his seat shall be declared vacant. SEC. 11. That it shall be the duty of the city council, to ap-ners to be appoint five persons, residents and citizens of said city, of competent learning and abilities, as examiners of said schools, and of the qualifications of the teachers thereof, who shall be denominated, "The Board of Examiners of Common Schools in Lawrence," who shall hold their office for two years; and all vacancies in said board shall be filled by the city council, as they may

occur.

Duty of board

SEC. 12. That it shall be the duty of said board of examiners, of examiners. to examine the qualifications, competency and moral character of all persons desirous of becoming teachers in said schools, or any of them, a majority of whom, can grant certificates thereof, to such as in their opinion may be entitled to receive the same. They shall from time to time strictly examine all said schools, the discipline and course of instruction in each, and shall make a report of all their proceedings, and of all matters pertaining to the duties of their office, as often as once in each year to the city council.

SEC. 13. The said city council shall fix by ordinance, such rules and regulations, for the government of such schools, under the boards of trustees and examiners, as may be necessary to carry out the provisions of this Act, fully into effect.

Council shall

fix rules &c.,

for the govern

ment of schools

confirmed.

SEC. 14. That all the ordinances and by-laws of said city, Ordinances &c. now in force, shall be in full force and effect, under this Act, and all rights acquired under said Act, are hereby confirmed and continued by this Act.

Officers to be appointed.

Proviso.

This act a public act.

SEC. 15. That all officers in said city, provided for in this Act, which were not provided for in the act to which this is amendatory, shall be filled by appointment of the city council: Provided, that the number of councilmen shall not be increased until the next annual election for city officers. All acts and parts of acts inconsistent with this Act, are hereby repealed.

SEO. 16. This Act is hereby declared a public act, and shall be in full force from and [after] its passage.

[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.

Situation of
Lecompton.

Powers.

CHAPTER LXXXIII.

CITY OF LECOMPTON.

AN ACT to amend An Act, entitled "An Act to Incorporate the City of Lecompton."

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

SECTION 1. That all that portion of land in Douglas county, Kansas Territory described, as follows, viz.: Lots one and two in section thirty-four; lot one in section thirty-five, in township eleven; lots numbers one and two in section three; lot three in section two; the south-east fractional quarter of section three, and the north-west fractional quarter of section two, in township twelve; all in range eighteen east, together with the freeholders and inhabitants residing thereon, shall constitute a body corporate by the name of, and be known as the city of Lecompton, and shall be in law capable of purchasing, holding, receiving and conveying any real or personal estate for the use of said city. Said corporation may sue and be sued in any court, may make and use a common seal, and alter the same, and may have and exercise such other powers as may be conferred by law, or as shall be necessary to carry such powers into effect; and whenever said corporation, or the officers thereof, shall commence,

prosecute or defend, any suit, proceeding or action, it shall be in

their corporate name.

city.

SEC. 2. That the officers of the city, shall be a mayor, five Officers of the councilmen, one treasurer, one clerk, one police constable, who shall also be collector of taxes and assessments, one police justice and three assessors, all of whom shall be elected by ballot, by the electors of said city, and hold their offices respectively for one year, and until their successors shall be duly qualified. No person shall be eligible or appointed to any office, unless he shall at the time, be a resident and elector of said city; and when any officer shall cease to be a resident thereof, his office shall thereby be vacated.

held.

SEC. 3. That an election shall be held in said city on the Election to be third Tuesday in February, 1858, for the election of the aforesaid officers, at such place and time of day, as the inspectors hereinafter named shall designate, and of which the inspectors shall give at least six days notice by posting written or printed notices of the same in six different places in said city, and by publishing the same in the city newspapers.

spectors of

SEC. 4. That Silas O. Hemenway, James S. Rucker and B. Names of inC. Brooke, shall be the inspectors of the first election to be held election. under this Act, on the third Tuesday in February, 1858. Such election shall be held and conducted, and the votes given thereat, canvassed by the said inspectors, and the result declared in the manner prescribed in this Act for other elections, so far as the same is practicable; and in case any of the above named persons shall be unable or refuse to serve as such inspector, then the remaining persons so named are hereby empowered and required to fill the vacancy caused by such inability or refusal to serve at such election.

of voters.

SEC. 5. That every person who shall have been a resident of Qualification said city for thirty days next preceding any election held under this Act, and possessing the qualifications prescribed by law to authorize him to vote for members of the Legislature, may vote at any election held in pursuance of this Act, but no person shall vote upon any proposition to raise a tax, or appropriate the same at any meeting or election, unless he shall at the time be liable to be assessed for such tax.

SEC. 6. That an election shall be held on the first Tuesday of Election to be May, 1860, and on the same day in each and every year there- held in 1860, after for the elective officers named in this Act, and the common

council of said city or any three of them for the time being, shall

Power &c. of inspectors.

Vacancy how filled.

Common couneil.

Officers to subscribe an oath.

Persons failing to take oath.

Penalty.

be inspectors of such election, and shall give notice thereof in the manner prescribed in the third section of this Act, they shall declare the persons receiving the greatest number of votes duly elected to the respective offices for which they were chosen, and give a certificate of such result signed by them, to the clerk of the corporation, who shall file said certificate, and record the same in the book containing the proceedings of the board of councilmen, which record shall be sufficient evidence of such result.

SEO. 7. That all laws relating to general elections for territorial officers, as far as the same shall be applicable, shall be deemed to apply to all sections authorized by this Act, and the inspectors of all elections under this Act shall have the same power and authority in all respects, as near as may be, as judges of elections in this Territory now possess. The presiding officers at all such elections, are authorized to preserve order, and to judge of the qualifications of electors, and refuse to permit all persons to vote, not deemed by them legally qualified.

SEC. 8. That if any vacancy shall happen in any office, (the mayor and councilmen, three of whom shall constitute a quorum to transact all business,) may appoint an elector of the city to fill the vacancy; and the person so appointed, shall hold the office until the election and qualification of a successor at the next annual meeting.

SEO. 9. That the mayor and councilmen shall be termed and denominated the common council.

SEC. 10. That every person who shall be elected or appointed to any office, shall, before he enters upon the duties thereof, take and subscribe an oath to support the constitution of the United States, and faithfully discharge the duties of his office according to the best of his ability, which shall be filed with the clerk of the corporation, and may be taken before and certified to by any officer authorized to administer oaths.

SEC. 11. That if any person who shall have been duly elected or appointed to any office, in said city, shall, for five days after being notified of such election or appointment, neglect or refuse to take the oath of office, or file the same with the clerk, he shall for such neglect or refusal, forfeit to the use of the corporation, the sum of twenty dollars with costs of suit, recoverable by and in the name of said corporation.

SEC. 12. That it shall be the duty of the mayor to preside at