The Kansas herald of freedom., 1858-03-13


OF records or proceedings kept by any Of
said officers, with the seal of his Office af-
fixed, shall be evidence in all cases equal
IL and in like manner IS the originals.
RESERVATIONS.
SEc.s s102. All county officers who hold
their Office by election, shall make their
to the Governor Of the terri
tory.
SEc. I03. All county officers who hold
their office By appointment shall make
their resignation to the officer or officers
authorized by law to fill such Offices re-
spectively.
SEC. 1e4. Every county ofice shall be-
come vacant on the happening Of either
of the following events before the expita-
ton of the term Of such Office First, the
death OF the incumbent; second, his re-
signation !; third, his removal; fourth,
his ceasing to be an inhabitant of the
county for which he was elected or ap-
pointed; fifth, his conviction of any infa-
nous crime, or of an offence involving
violation of his official oath sixth, his
refusal or neglect to take his oath of Office
or to give or renew his official bond, or
to deposit such oath and bond within the
time prescribed By law: seventh, the de-
cisinn of q competent tribunal declaring
void his election or appointment /; eight,
the Governor shall also declare vacant the
Office Of every officer required by law to
execute an official bond whenever q judg-
ment shall be obtained against such OFF,
Ger for breach of the condition Of such
bond. -
REMOVALS FROM OFFICE.
SEC. los. The, Governor may suspend
from Office any sheriff, coroner or county
attorney, giving to such officer q copy of
the charges against him and an opportu-
nifty of being heard in his defence.
SEC. 106. The judge of the probate
court shall have power in term time or
vacation TO remove any clerk Of said court
when, in his opinion, he is incompetent
to execute properly the duties Of his Of
fee; or when, on charges and evidence
such Judge shall be satisfied that he has
been guilty of official misconduct, or ha-
bitual or willful neglect of duty, if in the
opinion of such Judge such misconduct or
neglect shall be a sufficient cause for re-
noval; but no such clerk shall be thus
removed unless charges thereof shall have
been preferred to said Judge, and notice
of the hearing, with copy Of the charges,
delivered to such clerk, and full oppor-'
tunity given him to be heard in his de-
fence.
SEC. 107. The board of supervisors in
any county may remove the clerk Of their
board when, in their opinion, he is incom-
petent to execute properly the duties OF
his Office, or when on charges and evi-
dence it shall appear to said board that
he has been guilty of official misconduct
or habitual or wilful neglect of duty, if in
the opinion of said board such nliscon-
duct or neglect shall be sufficient cause
for removal but no such clerk shall be
removed fer such misconduct or neglect,
unless charges thereof shall have been
preferred 70 said board, and notice of the
hearing, with acopy of the charges deliv-
cred to said clerk, and an opportunity CIV
en- him to be heard in his defence, and in
no case shall such removal be made uH-
less two-thirds of ell the supervisors en-
titled to seat in such board shall vote
therefor.
SIC. 108. All officers who are OF shall
be appointed By the Governor for GER
tain time, or to supply vacancy, may be
removed by him.
SEC. 100. When at any time there shall
be in either of the offices of the county
~, <,f{,oo, d,,Tr- - oxaor,4. Al,
duties thereof, some suitable person may
be appointed by the Governor 70 per-
form the duties Of said Office feF the time
being.
SEC. 10. All laws and parts Of laws
heretofore passed in this territory upon
this subject are hereby repealed Provid-
ed, that tbs persons now holding the Of
fees of Judge of the probate court, sheriff,
coroner, county surveyor, and clerk Of the
board of county commissioners in each
county, shall continue in Office, and hold
the following Offices under this act until
the general election in the year Eighteen
Hundred and Fifty Nine, to wit: probate
Judge, sheriff, coroner, county surveyor,
and register of deeds Provided, That In
the counties of Lesvenworth, johnson,
CofTey. Butler, Wise, Greenwood, Hunter,
Davis, Calhoun, Atchison, Marshall, An
dersen and Woodscn, no one af the said
officers now in Office shall continue 20
hold Office under this law, but that st an
election to be held in said counties On the
fourt Monday Of March, Anno Domini.
Eighteen Hundged and Fifty-Eight, by
such judges and at such places as may be
designated BY the same commissioners
who Eeie appointed for the counties afore-
said under an act of the extra session Of
the Legislative Assembly, assembled De
cember seventh. eighteen hundred sud
ffty-seyen, providing for 5 Submission %
a vote Of the people Of the constitution
framed at Lecofnpfon, there shall he elect
ed in each of said counties 3 full set Of
county officers under this set, who shall
hold their Offices until the general election
in the year eighteen hundred AID fly
nine, The election shall IN al respects
be conducted In accordance with the pro-
visions of the set above referred to. and
the Governor shall commission the Offices
who may be elected at such election.
SIC. III. That on the day naaed IN
the preceding section and under the fegn-
lations prescribed By tie act therein re-
ferred to, there shall be elected In the sew
eral counties not named In the. last pre-
ceding section, such county officers 8 are
herein provided for in addition 70 those
who hold over, under the provisions Of
this act.
SEc. 11z. That in She said counties Of
LeaveuWcFth, johnson and Js6srson, the
several persons now holding the several
Offices Of said counties ere heEsbz author
lied to conlnue to discharge tbe duties Of
said Offices until the psfsons elesfed at tbs
said election IA said counties are duly
qualified under this ae5.
SIC. f1s. Il shall Be the dusy Of the
Secretary Of the Territory 70 furnish ts
The commissioners referred fto3 . tbis
act. Of the several counties of the Terrific
~, copy Of this act. which shall Be no.
dee fe such commissioners Of Their ap-