The Kansas herald of freedom., 1857-05-23
An Act 70 Provide for the Taking Of
fha CAnzfia

Though we have published synop-
sis of the act of the bogus Legislature
for forming a State Constitution, yet
the importance of the movement will
justify US in giving it at length at
this time, particularly as we have
nothing else pressing upon our col
umns
Be it Enacted by the Coz or and the Leg
isiatiye assembly Of the Eof Kansas.
SEC. l. That for the purpose OF
making an enumeration OF the inhabl-
tants entitled to vote under the pro-
visions of this act, an aPportionment
and an election of members of con-
vention, it shall be the duty of the
sherifs of the several counties in
Kansas Territory, and they are hereby
required between the first day of March
and the lst day of April, 1857. to
make an enumeration OF all the free
male inhabitants, citizens of the United
States, over twenty-one years of age,
and all other white persons actually
residing within their respective coun-
ties, and for this purpose shall have
power to appoint one or more deputies
to assist in such duties, not to exceed
one in each municipal township, each
of whom before entering upon his office
shall take and subscribe an oath or
affirmation to support the constitution
of the United States, and faithfully
and impartially discharge the duties
imposed on him by this act according
to the best of his skill and judgment
which oath or affirmation shall be ad-
ministered to them severally, and be
duly certified by judge or clerk of
the district Court of the United States,
or Judge or clerk of the Probate court
for the several counties, or by justice
of the peace, and filed and recorded
in the office of the Secretary of the
Territory.
Sec. 2. In case of any vacancy in
the Office of sheriff, the duties imposed
upon such sheriff by this act, shall de-
volve upon and be performed by the
Judge of probate court of the county
in which such vacancy may exist. who
may appoint deputies not to exceed
one in each municipal township; and
in case the office of both sheriff and
probate judge in any county shall be
or become vacant, the Governor shall
appoint some competent resident of
such county to perform such duty,
who shall have the same right to ap-
point deputies, take and subscribe the
same oath, and perform all the require
nents of this act as applied to sheriffs.
SEC. 8. 1t shall be the duty of the
sheriff, probate judge, or person ap-
pointed by the Governor as herein
provided, in each county or election
district. on or before the tenth day of
April next, to file in the Office of the
probate judge for such county or elec-
tion district, a full and complete list of
all the qualified voters resident in said
county or election district on the first
day of April, eighteen hundred and
fifty seven, which list shall exhibit in
a fair and legible hand the names of
all such legsl voters.
Sec. 4. 1t shall be and is hereby
made the duty of each probate judge
upon such returns being made, with
out delay. to cause to be posted at
three of the most public places in each
election precinct in his county or cleo
tion district, one copy of such list Of
Tqnalifed voters, to the end that every
inhabitant may inspect the same and
apply to said probate judge to correct
any error he may find therein, in the
manner hereinafter provided.
| SEC. 5. Said probate judge shall
remain in session each day, Sundays
excepted, from the time of receiving
said returns, until the first day OF
May next, at such places as shall be
most convenient to the inhabitants of
the county or election district, and
proceed to the inspection of said re-
turns, and hear, correct, and finally
determine according to the facts, with
out unnecessary delay, all questions
concerning the commissions of any
person from said returns, or the im-
proper insertion of any name on said
leturns, and any other question affect
ing the integrity or fidelity of said
returns, and for this purpose shall have
power to administer oaths and ex-
anime witnesses, and compel their at
tel dance in such manner as said Judge
shall deem necessary.
Sec. 6. That as soon as the said
lists of legal voters shall thus have
been revised and corrected, it shall be
the duty of the several probate judges
to make out full and fair copies there
OF, and without delay furnish to the
Governor of the Territory one copy,
and to the Secretary of the Territory,
Que copy and it shall be the duty OF
the Governor to cause copies thereof,
Distinguishing the returns from each
county or election district to be printed
and distributed generally among the
inhabitants OF the Territory, and one
copy shall be deposited with the clerk
of each court of record, or Probate
Judge within the limits of said Ter
ritory, and one copy delivered to each
Judge of the election, and at least three
copies shall be posted up at such place
of voting.
SEC. I. 1t shall be the duty of the
Governor and Secretary of the Terri
tory so soon as the census shall be
completed and returns made, to pro-
ceed to make an apportionment of
the members for convention, among
the different couaties and election dis
tricts in said Territory, in the follow |
ing manner: The whole number of |
legal voters shall be divided by sixty, |
and the product of such division, !
rejecting any traction of unit, shall |
be the ralio or rule of apportionment |
OF members among the several coun-
ties or election districts, and if, anv |
county or election district shall not