The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-06-26
IsffifofiaI Labs.
ANAGT

AN ACT
To Reguiats ths Entries and Disposal Of Town
Sites.
Be 1t enacted By the Gorernor and Legisla-
tiue Assepaby Of The Territory ef Kansas.
SECTION l. That in all eases in which
any of the public land of the United
States in Kansas Territory has been or
shall hereafter be selected and occupied
as town site, if the inhabitants of such
town shall be at the time incorporated, it
shall be the duty of the corporate authori-
ties of such towns, or if not incorporated,
then of the judges of the county in which
snch town site is situate, whenever called
on By any.of the occupants of such town.
and the sal6lsey for the entrance of such
town site furnished, to enter such town
site under the Act of Congress entitled
" An Act for the relief of the citizens of
towns upon the lands Of the United
States, under certain circumstances. APP
proved May %, 1874"
SEC. 2. That whenever any town site
has been, or shall hereafter be entered
under the provisions of the above recited
Act of Congress, and the persons who Sc
lected or laid out such town site, or their
assigns. have been or shall hereafter be
incorporated as town company, with
power to purchase and hold the land on
which such town is situated, it shall be
the duty of the person or persons enter
ing such town site, to convey the land
thus entered to such Incorporated compa-
nv; and where the persons who laid out
such town have not been incorporated, il
shall be the duty of the person entering
such town site to convey the land and
lots embraced in such town site to the
persons who laid out such town, or tc
their assigns
SEC. 8, That all persons who select and
Law out a town site, and their assigns
shall be deemed occupants of said towI
site and the lots embraced therein, with.
in the meaning of the above recited Ac'
of Congress, and deeds shall be made &C.
cordingly.
Sec. 4. That whenever the persons en-.
tering any town site shall convey :he lan6
entered BY them to any town company, OF
to the persons who may have laid on
such town site, the title thus conveyed
shall vest in the persons who may hav'
purchased from such company, or from
the persons laying out such town site, a
fully and to the same extent that suci
title would have vested had such towl
company, or the persons laying out sucl
town. had title to said land at the time @
the sale thereof.
SEC. 5. That when town site is en-
tered under the above recited Act of Con
gress, by the corporate authorities of an,
incorporated town, deeds shall be made b.
the mayor or other chef officer of such
town for the time being, and said dee'
or deeds shall be attested by the cit,
clerk or register, and shall be signed b.
such mayor or other chief officer, unde
the corporate seal of said city, attested b.
said city clerk or register, if said city shal
have corporate seal /; and if it shall haV
no seal, then under the scrawl or privat'
seal of said mayor or other chef officer
attested by the city clerk or registe
as aforesaid. When the land is entered
by the judges of the county court, deed
shall be made by the presiding judge o
such court, signed by him, and under hi
scrawl or private seal In all cases, deed
shall be acknowledged by the officer exc
cutting the same, as other deeds for LAM
are acknowledged, and may then be re
corded in the Office of the recorder of tn
proper county, in like manner and wit
| like effect as other deeds for lands an
when so acknowledged and recorded, shal
be deemed prinaa facie evidence of It'll
in the person to whom such deed is made
SEC. 6. That if the presiding officer o
any town, or the judges of any count.
court, refuse, on application of any persol
interested, to enter any town site, or b
an adverse claimant of any portion of an,
town site, any person interested in sal
town site shall have the right to use tn
name of such officer for all purposes in tn
entry of such town site.
SEc.7. That whenever the right to an.
lot or peice of land is contested, the per
son whose duty it is to convey such LAM
under the provisions of this Act, shal
have power, and it shall be his duty +
| hear and determine the rights of the re
| spectiye claimants, to administer oaths t
| witnesses, to summon and compel the at
tendance of the same, and to punish wit
nesses for contempt in refusing 10 appes
or testify. in like manner as justices of th
/ peace. in cases in which they have juris
diction.
SEC. 8. That either party shall hayeth
right to appeal from any decision render
ed against him, as provided in the prece
ding section, to the District Court of th
proper district, by executing bond, wit
security for the cost of such appeal,
any time within ten days Of such ds
cision; and such applicant shall give
the adverse party notice Of such appeal,
writing, at least twenty days before th
next term of such court, if such term |
more than forty days after such decision
if such term be less than forty days aftt
such decision, such notice shall be give
at least thirty days before the next SUI
ceeding term of said court, and snC
cause shall be for trial at such ter
unless continued for cause.
SEc. 8. That on such appeal being tai
en-, It shall be the duty Of the officer
, certify transcript of his proceedings
such cause, to the District Court, and
, suspend the execution Of any deed to Il
!, land in dispute. until the decision OF SUI
appeal is made in the District Court.
SEC. 10. That the judge aforesaid sha
on application of the parties laying o
: such town site, convey to trustees, q
e pointed by them for that purpose, the e
tire piece or parcelo of land 50 entered
!. them, to be conyeyed by said trustees
the person laying out such town site sh
: direct. For every such deed, the iud
J shall receive the sum of ten dollars, q
q for his services in entering such tor
Z site. the sum of five dollars for every q
Z actually employed IN making such ent
: SEC. II. That If any officer refuse,
n demand, to execute any deed as FequII
, By this Act, the party entitled 70
e land may compel the execution Of 81
;. deed By mandamus from the Dist
2 Court of the proper district
q This Actto take effect and be IN TO