The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-04-15
No. 1880.

No 1880.
The State Of es Te John
pellant,
The City of Victoria, ct al, Appellees.
Appeal from Ellis County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
l. Under a statute authorizing the
county commissioners to incorporate city
upon a petition signed by majority of the
electors of the territory, but making no
requirement that the fact of the signers
constituting such majority shall be re-
cited in the petition or in the record, an or
der of incorporation will be upheld which
contains no reference to the matter exceDt
statement that the petition showed that
1t was signed by the requisite number,
while the petition itself in fact contained
no recital on the subject.
2 The statement In petition for the
incorporation of city, following the Ian
Inhabitants of the town village" which
it is desired to have Incorporated. refers
to the inhabitants of the territory pro-
posed to be included within the corporate
limits, plated or unplatted. notwithstand-
ing a subsequent statement in the petition
that the town and its additions have been
plated.
3. A requirement that the boundaries
of a proposed city shall be set forth in
the petition by metes and bounds is suf
ficiently complied with by any descrip-
ton that indicates clearly the territory in
tended to be included.
4. Various Irregularities of description
held not to be fatal.
5. The requirement that the board of
county commissioners shall act on pc
tition for the incorporation of city at a
regular session Is met where such action
is taken at an adjourned session of reg
ular meeting, Notwithstanding the matter
had already been partly considered aud
that no order had been made continuing
the hearing to any particular time
6. A requirement that an order incor-
porating a city shall recite the substance
Of the petition therefor is complied with
whore the journal of the county commits
siolers' proceedings contains a recital that
on certain day the petition was filed
day it was granted, the details of the order
being set out in the record of the pro-
ceedings of that day.
Z. Under statute providing that upon
the presentation of a petition asking that
a city be Incorporated, with boundaries
therein stated, the county commissioners
which shall include description of the
territory covered, changes In the boundary
being neither expressly forbidden nor ex-
pressly permitted, the proceedings are not
invalidated by excluding from the order
tracts included in the petition, nor by In
Guiding in the order tracts not referred 10
in the petition, where the tracts so IN
Guided are parts of streets, or strips cor
responding TO streets, or form minor por-
lions of tracts, the greater part Of which
were included in the petition, and suen
Inhabitants who were not residents of the
territory described in the petition.
s. In the part Of a petition for the incor-
poraticn of a city describing the territory
sought to be Incorporated. a reference to
tract as original town as plated
and file in the office of the register OF
Deeds is to be interpreted a. intended 10
designate all the territory covered by tile
original plat, notwithstanding an order had
been made vacating two of the blocks and
part of the adjoining streets
Q. Various apparent inconsistencies and
obscurities in describing the boundary OF
the territory Incorporated held to be cured