removing officers.

police, &c.

misconduct, and for the appointment of officers, their duty and To provide for compensation, not provided for in this charter. SEC. 16. That to regulate the police of the city, and to impose To regulate fines, forfeitures and penalties for the breach of any ordinance, and also for the recovery and collection of the same, and, in default of payment, to provide for confinement in the city prison, or to hard labor in the city.

SEC. 17. That to regulate and prescribe the powers and duties To regulate and compensation of the officers of the city.

powers, duties &c., of officers.

To require

bonds from

SEC. 18. That to require from all officers and servants elected or appointed in pursuance of the charter, bonds and security for officers. the faithful performance of their duties.

money.

SEC. 19. That to borrow money on the credit of the city, and Toborrow pledge the revenue and public property of the city for the payment thereof; Provided, that there shall not be paid, directly or indirectly, a greater rate of interest than ten per cent. per annum; nor shall a greater debt be contracted than twenty-five thousand dollars, unless a two-thirds majority of the qualified voters of said city, at a poll to be opened for that purpose, shall authorize the same.

money, &c.

SEC. 20. That to appropriate money and provide for the pay- To appropriate ment of the debts and expenses of the city.

city into wards

SEC. 21. That to divide the city into wards and to apportion To divide the their representation in the city council, according to population. &c. SEC. 22. That all ordinances of the city shall be passed, pur- Of ordinances. suant to such rules and regulations as the city council may provide; and all ordinances of the city may be proved by the certificate of the clerk, under the seal of the city; and when printed. or published, in book or pamphlet form, and purporting to be printed and published by authority of the city, shall be read, and received in evidence in all courts and places, without further proof.

cause state

SEC. 23. That the city council shall cause to be published, Council shall once in each year, a statement of the receipts and expenditures ment of exof the city, and a statement of the financial condition of the city. be published.

ARTICLE VIII.

penses &c., to

cstablished.

SEC. 1. That there is hereby established in the city of Leav- Court of record enworth, a court of record, under the name, style and title of the 'Mayor's Court of the City of Leavenworth," said court to be held by the mayor of the city.

SEC. 2. That the said mayor's court, of the said city, shall be When held.

held on the second Monday of every month, and the terms of said court may continue until the business of said term shall be disposed of.

SEC. 3. That the mayor may hold special terms of said court as often as he may deem it necessary or expedient for the dispatch of business.

SEC. 4. That the clerk of said city shall be the clerk of the said mayor's court, and shall perform all the duties of clerk of said court.

SEC. 5. That the marshal shall attend the said mayor's court, and shall execute and return all the process of the said court, in the same manner as the sheriff and other officers of any court of record in this Territory.

SEC. 6. That the mayor shall establish rules for the practice. of said court. The pleadings and practice of said court shall be in conformity with the laws of the Territory.

SEC. 7. That the mayor's court shall have appellate jurisdiction of all cases wherein an appeal is provided by this charter, from the recorder's court of said city, arising under the ordinances of said city.

SEC. 8. That the said mayor's court established by this Act, is hereby vested with full power and authority to hear, try and determine, according to the laws of the United States, or of this Territory, and according to the by-laws and ordinances of the said city, and according to the course of the common law, all actions, personal or mixed, arising within the limits of said city, and to which the said city of Leavenworth is a party.

SEC. 9. That the mayor's court of said city, in addition to the powers hereby given to said court, shall have and exercise original jurisdiction in all personal actions and remedies at law, arising within the limits of said city, and to which the said city, in its corporate capacity, is a party plaintiff; and the said court shall have and exercise all the powers usually exercised by any court of record at common law, for the full exercise of the jurisdiction given to it by law; Provided, that when an issue of fact shall be joined in any civil action in said mayor's court, a jury shall not be called to try the same, unless upon the request of either party; and in such a case, a jury shall be summoned, drawn and sworn as hereinafter provided.

SEC. 10. That all writs and processes in the mayor's court shall be in the name of the Territory of Kansas, and shall be in form in conformity with the process and writs of the Probate Courts of the Territory.

SEC. 11. That the fees of officers, witnesses and jurors at- Fees. tending the mayor's court shall be the same as those of the Probate Court.

SEC. 12. That every qualified elector of said city shall be a competent juror in said court, and parties shall have the same right of challenge as is by law given in the courts of the Territory.

Qualification of

jurors.

SEC. 13. That in all cases where a jury may be required by Jury. the mayor's court, the same shall be obtained in the following

manner:

SEC. 14. That the board of councilmen shall, at any time not How obtained. oftener than once a year, select from the assessment roll of the city a list of the names of two hundred persons, who are legally qualified electors of said city, and file the same with the city clerk.

SEC. 15. That when such list is filed with the clerk, he shall Same. enter the names of said persons, so selected, on separate strips of paper, and deposit and preserve the same in a jury box, to be kept for that purpose; and such persons, so returned, shall be liable to serve for the period of at least one year, and until another return shall be made in the manner aforesaid by the board of councilmen.

SEC. 16. That whenever a jury shall be required, at a sitting Same.

of the mayor's court, the city attorney shall notify the clerk of the same, who shall forthwith, in the presence of the mayor and marshal, draw from said jury box the names of twelve persons, who shall serve as such jurors; and the clerk shall immediately make out a venire facias, commanding the city marshal to summon the persons so drawn to attend the session of said court, and not depart the same until discharged, under such penalty, not exceeding twenty-five dollars, as the court may impose, and in case of a default in the attendance of such jurors, or in case the number in attendance be reduced by challenge, the said court shall have power to direct the summoning the talesmen, who shall be subject, in case of default, to the penalty in this section provided.

SEC. 17. That no person shall be deemed incompetent to tes- Of witnesses. tify as a witness, or serve as a juryman, in any case pending in

the mayor's court, on account of any interest such person may have as a citizen of said city, in the event of such proceeding.

SEC. 18. That the clerk of the city, as clerk of the mayor's Fees of clerk. court, shall be entitled to the same fees as by law are allowed to

Shall have

power to open

street &c.

the clerks of Probate Courts; shall have the same power and jurisdiction to tax costs as by law is given to said clerks, and shall have the care of the scal of said mayor's court.

ARTICLE IX.

SEC. 1. That the city council shall have power to extend, open and widen any and widen any street, avenue, alley or lane, at their discretion, at any place, within the city, and to create or open any new street, avenue, alley or lane, at their discretion.

When private property is taken for streets.

Damages to be appraised.

Appraisers to be sworn.

Their duty.

Council may levy and collect

SEC. 2. That when it shall be necessary to take any private property for opening, extending, widening or altering any street, avenue, alley or lane, the city shall make a just compensation therefor, to the person whose property is so taken.

SEC. 3. That if the amount of such compensation cannot be agreed upon, the mayor shall appoint six disinterested freeholders of said city, who shall estimate and appraise the amount of said damages.

SEC. 4. That the said jury of freeholders, before entering upon the discharge of their duties, shall each be sworn, to impartially assess the amount of said damages, and shall return their inquest in writing to the mayor, signed by each juror.

SEC. 5. That in estimating the amount of said damages, the said jurors shall consider the benefit resulting from, as well as the loss sustained by the owner thereof.

SEC. 6. That the city council shall have power by ordinance to a special tax. levy and collect a special tax on the real estate, lying in any street, avenue, alley or lane, in proportion to the respective value of each piece or parcel thereof, for the purpose of grading, paving, repairing, or otherwise improving said street, avenue, alley or lane.

Same.

Citizens exempt from working on roads, &c.

SEC. 7. That the city council shall have power by ordinance to levy and collect a special tax, on the holders of the lots in any street, avenue, alley or lane, according to the respective fronts owned by them, for the purpose of curbing and paving the side walks, and lighting such street, lane, avenue or alley, and for the purpose of paving, McAdamizing, repairing or otherwise improving said street, avenue, lane or alley.

SEC. 8. That the citizens of the city of Leavenworth are hereby exempt from working on any road beyond the city limits, and from paying a road tax for the construction of any road without the city limits.

ARTICLE X.

Council autho

rized to provide for sup

SEC. 1. That the council of said city, are hereby authorized and required, at the expense of said city, to provide for the support of com port of common schools therein.

mon schools.

city into school

SEC. 2. That the city council of said city, shall have power, May divide the and they are hereby authorized to divide the city of Leavenworth, districts. by territorial limits, into school districts, in such manner as shall be most convenient, having due regard to the accommodation of all the citizens.

Council to

build school

houses, &c.

SEC. 3. That the city council are hereby authorized and required to purchase in fee simple, or to receive as a donation for the use of said city, and at the expense of the same, in each of said school districts, a suitable lot of land in some central and convenient situation, as a site for a school-house therein; and at any time thereafter to cause to be erected thereon a good and substantial school-house, and to defray the necessary expenses of the building and construction of said school-houses, as also to pay the purchase money for the lots of land, on which the same shall be erected. It shall be lawful, and it is hereby made the Shall levy tax. duty of said city council, annually to levy, or cause to be levied, in addition to the other taxes of the city, a tax not greater than one mill on the dollar, upon all property in said city, liable to taxation, for city purposes, until a sufficient sum shall be raised and collected from such tax, to meet the expenses which shall be incurred for the purchase of lots of land, and for the erection of the school-houses aforesaid.

for the support

SEC. 4. That for the purpose of more effectually supporting May levy tax common schools, in said city, and to secure the benefit and bless- of schools. ings 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.

free.

SEC. 5. That said schools in the several districts of said city, Schools to be shall at all times be equally free and accessible to all children. not less than six nor more than twenty-one years old, who may reside therein, and subject only to such regulations for their government and instruction as the trustees hereinafter mentioned, may from time to time prescribe; Provided, that noth- Proviso. ing in this Act contained shall be so construed as to permit black