VACANCIES.

County offices

to become vacant when.

Governor may suspend sheriff,

2.

SEC. 104. Every county office shall become vacant on the happening of either of the following events before the expiration of the term of such office: 1. The death of the incumbent. His resignation. 3. His removal. 4. His ceasing to be an inhabitant of the county for which he was elected or appointed. 5. His conviction of any infamous crime, or of any offence involving a violation of his official oath. 6. 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. 7. The decision of a competent tribunal, declaring void his election or appointment. 8. The Governor shall also declare vacant the office of every officer required by law to execute an official bond, whenever a judgment shall be obtained against such officers for a breach of the condition of such bond.

REMOVALS FROM OFFICE.

SEC. 105. The Governor may suspend from office any sheriff,. coroner, or at- coroner or county attorney, giving to such officer a copy of the charges against him, and an opportunity of being heard in his defence.

torney.

Judge of Probate to remove clerk.

Board of Supervisors may remove clerk.

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 office, or when, on charges and evidence, such judge shall be satisfied that he has been guilty of official misconduct, or habitual or wilful neglect of duty, if, in the opinion of such judge, such misconduct or neglect shall be a sufficient cause for removal; but no such clerk shall be thus removed, unless charges thereof shall have been preferred to said judge, and notice of the hearing, with a copy of the charges, delivered to such clerk, and a full opportunity given him to be heard in his defence.

SEC. 107. The Board of Supervisors, in any county, may remove the clerk of their Board when, in their opinion, he is incompetent to execute properly the duties of his office, or when, on charges and evidence, 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 misconduct or neglect shall be a sufficient cause for removal. But no such clerk shall be removed for such misconduct or neglect, unless charges thereof shall have been preferred to said Board, and notice of

the hearing, with a copy of the charges, delivered to such clerk, and an opportunity given him to be heard in his defence, and in no case shall such removal be made, unless two-thirds of all the Supervisors entitled to a seat in such Board, shall vote therefor. SEC. 108. All officers who are or shall be appointed by the Officers reGovernor for a certain time, or to supply a vacancy, may be ernor. removed by him.

moved by Gov

nor may ap

officer.

SEC. 109. When, at any time, there shall be in either of the When Goveroffices of the county no officer duly authorized to execute the point county duties thereof, some suitable person may be appointed by the Governor to perform the duties of said office for the time being.

SEC. 110. All laws and parts of laws heretofore passed in Law repealed. this Territory upon this subject, are hereby repealed: Provided, Provisions. That the persons now holding the offices 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 Leavenworth, Johnson, Coffey, Butler, Wise, Greenwood, Hunter, Davis, Calhoun, Atchison, Marshall, Anderson and Woodson, no one of the said officers now in office shall continue to hold office under this law, but that at an election to be held in said counties on the fourth Monday of March, Anno Domini eighteen hundred and fiftyeight, by such judges and at such places as may be designated by the same commissioners who were appointed for the counties aforesaid under an act of the extra session of the Legislative Assembly, assembled December seventh, eighteen hundred and fifty-seven, providing for a submission, to a vote of the people, of the Constitution framed at Lecompton, there shall be elected in each of said counties a full set of county officers under this Act, who shall hold their offices until the general election in the year eighteen hundred and fifty-nine. The election shall, in all respects, be conducted in accordance with the provisions of the Act above referred to, and the Governor shall commission the officers who may be elected at such election.

SEC. 111. That, on the day named in the preceding section, and under the regulations prescribed by the act therein referred to, there shall be elected in the several counties not named in the last preceding section, such county officers as are herein provided for, in addition to those who hold over, under the provisions of this Act.

SEO. 112. That, in the said counties of Leavenworth, Johnson and Jefferson, the several persons now holding the several offices of said counties are hereby authorized to continue to discharge the duties of said offices until the persons elected at the said election in said counties, are duly qualified under this Act. SEC. 113. It shall be the duty of the Secretary of the Territory to furnish to the commissioners referred [to] in this Act, of the several counties of the Territory a copy of this Act, which shall be notice to such commissioners of their appointment and duties under this Act.

This Act shall take effect and be in force from and after its

missioners con

Board of Supervisors.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That in all laws passed at the present session of the County com- Legislative Assembly, wherein the words "County Commissionstrued to mean ers," or "Board of County Commissioners," occur, the same shall be so construed as to mean Board of Supervisors, or Board of County Supervisors; said offices being one and the same. This Act to be in force from and after its passage. [Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

AN ACT providing for the location of certain County Seats.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That a special election shall be held in the counties of Brown and Nemaha, on the fourth day of April, for the purpose of selecting a place for the permanent county seats.

nal, duties

SEC. 2. That the county tribunal shall be required to estab- Counts tribulish precincts and appoint judges therefor, and they shall cause thereof. notice of the election, with the names of the judges thereof, to be posted in three public places in each precinct, at least twenty days before such election.

to be continued

SEC. 3. That in case no choice should be made at the first When election election, the commissioners shall be required to continue such elections from month to month, until a choice is effected: Provided, That after the second election the balloting shall be confined to the three places having the highest number, and the place having a majority of all the votes cast shall be declared the permanent county seat, and shall not be changed for five years.

SEC. 4. That all elections held under this Act shall be subject to, and held in accordance with the provisions of the general election laws, and the qualifications required for electors shall be the same.

All acts and parts of acts in conflict with the provisions of this Act are hereby repealed.

This Act to take effect and be in force from and after its passage. [Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

Elections under this Act,

how held.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

L

Located at Burlington.

Time of election to locate county seat.

Until election.

shall hold their

CHAPTER XVI.

COUNTY SEAT OF COFFEY COUNTY.

AN ACT locating temporarily the County Seat of Coffey County. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That the county seat of Coffey county is hereby removed to, and temporarily located at the town of Burlington.

SEO. 2. That at the next general election for members of the Legislative Assembly, there shall be an election held in said. county of Coffey, for the permanent seat of justice of said county.

SEC. 3. That, until said election shall be had, all the offioffice at Bur- cers required by law to hold their office at county seats, shall hold the same at the town of Burlington.

lington.

Acts repealed.

SEO. 4. That all Acts and parts of Acts in conflict with this Act be, and the same are hereby repealed.

SEC. 5. That this Act be in force from and after its passage.

Removal.

All records, &c. to be removed to Lawrence.

CHAPTER XVII.

REMOVAL OF COUNTY SEAT OF DOUGLAS COUNTY.,

AN ACT to remove the County Seat of Douglas County from the Town of Lecompton to the Town of Lawrence.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: That the County Seat of Douglas County shall be and the same is hereby temporarily removed from the town of Lecompton to the town of

Lawrence.

SEC. 2. That all the records and proceedings in the Probate Court, together with the county records, shall be removed to the county seat at Lawrence.