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May establish by-laws.

Of the selection or appointment of trustees.

Such trustees shall be a body corporate. Powers.

Such society may change its

name.

Trustces shall receive conveyance of lands and hold same.

May possess personal prop

society.

SEC. 7. That such society, or the trustees thereof, when organized for that purpose, may establish all necessary by-laws to carry out the object of its organization.

SEC. 8. That any society may select or appoint trustees according to its common usage or custom, if they desire it; but a certificate of such selection or appointment, and the record of the same, as in case of their election, shall not be dispensed with. SEC. 9. That such trustees shall be deemed a body politic and corporate, under such name and style as the society may elect, and by that name shall have power to contract, sue, be contracted with and sued, with like effect as other persons or corpora

tions.

SEC. 10. That such society may, at any meeting, by giving ten days notice of the time and purpose thereof, change their corporate name; but the name chosen by such society shall not be assumed, until a record has first been made of the fact in the recorder's office of the proper county. Such change shall not effect the rights or liabilities of the society, or of other persons or parties.

SEC. 11. That the trustees chosen as herein provided, after record of their election or appointment is made in the recorder's office of the proper county, shall have power and authority as such trustees, to receive conveyances of lands, whether the same be by purchase, gift, or otherwise, and to hold the same to their successors as such trustees in perpetuity, for the sole and exclusive benefit of such society, and for the uses declared in such conveyance or grant.

SEC. 12. That such trustees and their successors in office may erty for use of also acquire and possess, for the use of any such society, personal property, not exceeding in value the sum of five thousand dollars; and may appropriate the same, and the income or interest thereof, and all other funds and incomes in their hands, as such trustees, for the purposes designated by such society, not inconsistent with the trust.

May sell, loan or otherwise

corporate property.

SEC. 13. That such trustees, to more effectually carry out dispose of their the objects of their trust, may sell, loan or otherwise dispose of their corporate property; and any conveyance thereof by such trustees, or a majority of them in behalf of such society, shall vest in the purchaser of the same all right, title and interest thereto. But the provisions of this section shall not be construed to effect any gift, bequest or devise to such society, or to trustees for its use, nor to defeat the intentions of the grantor, donor or

testator.

ety shall have it may be revived, how.

been dissolved,

SEC. 14. That when any society within the meaning of this When any soci Act, shall have been dissolved from any cause, a majority of persons interested therein may revive the same within five years after such dissolution, by electing a new board of trustees, and making record of such election in the recorder's office of the proper county, as hereinafter provided.

SEC. 15. That the provisions of this Act shall extend to every society, educational or religious, which, previous to its passage, had acquired land for the purpose of erecting a house of worship or other appropriate building, not exceeding five acres, upon condition that the consent of two-thirds of the persons interested in such land be first obtained, and the trustees be elected and certified, and such other proceedings had, as hereinbefore directed for the election of trustees.

This Act shall

extend to every society, educa

tical or relig ious, which, passage, had

previous to its

acquired land. &c. Conditions.

any society may

when.

SEC. 16. That the officers of any society, by whatever name The officers of such officers may be designated, elected in the manner prescribed act as trustees, in this Act, or according to the rules of any such society, church or order, may, whenever the laws or usages of the same require it, perform the duties of trustees, and in their proper name and title, shall possess all the powers and be subject to the same liabilities as trustees; and the certificate of the election shall be recorded in the recorder's office of the proper county, as in the case of Trustees.

SEC. 17. That all the provisions of this Act are hereby ex- Of cemeteries. tended, so far as the same may be applicable, to any individuals

who may unite themselves together for the purpose of receiving

donations of land, or purchasing the same for cemeteries.

SEC. 18. That when such donations or purchases shall be Same subject. made to or by any such individuals, and a certificate thereof or conveyance therefor, together with the articles of association by which such individuals have become united for such purpose, shall be filed in the office of the recorder of the proper county, and by him recorded, such individuals shall enjoy all the privileges necessary for the preservation and protection of such cemetery, in the [same] manner as if such individuals were regularly incorporated by law; and such cemetery shall forever remain a burial place for the dead.

to county com

SEC. 19. That all lands conveyed to the Board of County Land conveyed Commissioners, by deed duly recorded, for the purpose of a missioners for public or private cemetery, shall be held by such Board forever in trust for such purpose.

cemeteries, said Board in trust.

shall be held by

Where cemete

SEC. 20. That in all cases where the donor or donees of any ries are laid off

ments shall be

made within

said lots, and

into lots, inter- public burying ground shall lay the same off into lots, plainly designated by corner stones or posts, and record a plat thereof in the recorder's office, then persons interring in said burying place, shall bury within the lots so designated, and not out of them.

not out of them.

The donor of a private burying ground shall

have exclusive right of admit

SEC. 21. That the donor of a private burying ground, his heirs and assigns forever, shall have the exclusive right of adting corpses for mitting corpses for interment, and shall direct where the same shall be buried; and may grant any right of burial in such ground as shall not interfere with the graves already there, or the rights of persons who have buried their dead in such ground.

burial.

SEC. 22. That no burying ground specified in this Act shall pass or be held contrary to the intent or meaning of this section, by virtue of any subsequent devise, purchase, descent or conveyance of the donor.

SEC. 23. That all laws in conflict with the provisions of this Act are hereby repealed, and 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 6, 1858.

J. W. DENVER,

Acting Governor.

Clerk of each County tribunal shall provide

measures. Size of measures.

[blocks in formation]

AN ACT Regulating Weights and Measures.

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

SECTION 1. That the clerk of each tribunal transacting county business shall provide, at the expense of the county, one measure of one foot or twelve inches, English measure; one measure of three feet or thirty-six inches, English measure, denominated one yard; one half bushel measure, which shall contain one thousand seventy five and one-fifth cubic inches, denominated dry measure; one gallon measure, which shall contain two hundred and thirty-one cubic inches; and one half gallon measure,

vide one set of

which shall contain one hundred and fifteen and one-half cubic inches; also, one set of weights, called avoirdupois weights; Shall also proand one seal, with initials of the county inscribed thereon, which weights. measures, weights and seals shall be kept by the clerk of the

tribunal aforesaid.

any

and measures

elerk shall give

Penalty for sell

SEC. 2. That so much [soon] as the weights and measures are When weights provided, the said clerk shall cause notice thereof to be given at are provided, the court-house door for two months, and any person who shall notice. knowingly keep any measure or weight, and buy and sell ing by weights commodity whatsoever, by such weights or measures as shall not not corresponding with those correspond with the weights and measures deposited in the clerk's in clerk's office. office, shall for every such [offence,] forfeit and pay to the party injured, ten dollars, to be recovered by action of debt, before any justice of the peace of the county.

SEC. 3. That the clerks aforesaid shall, with the seal afore said, seal all weights and measures presented to them for that purpose, correspond[ing] with the county standard.

SEC. 4. That the hundred weight shall consist of one hundred pounds, avoirdupois, and twenty such hundred shall constitute

a ton.

Clerk shall seal measures.

all weights and

weight to wheat, rye, &c., per bushel.

SEC. 5. That whenever wheat, rye, or Indian corn shall be Aggregate sold by the bushel, and no special agreement as to the measurement or weight thereof shall be made by the parties, the bushel shall consist of sixty pounds of wheat, and fifty-six pounds of rye, and fifty-six pounds of Indian corn, and fifty pounds of buckwheat, and forty-eight pounds of barley, and oats thirty-five pounds, and beans sixty pounds, and clover seed sixty pounds, and potatoes sixty pounds, and flax seed fifty-six pounds, onions fifty-seven pounds, salt fifty pounds, castor beans forty-six pounds, hemp seed forty-four pounds, Timothy seed forty-five pounds, ox bran twenty pounds, dried peaches, thirty-three pounds, dried apples twenty-four pounds, stone coal seventy pounds.

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.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

410

SESSION AT LAWRENCE-RESOLUTION. [CH. 76-77.

CHAPTER LXXVI.

SESSION AT LAWRENCE.

Preamble and Joint Resolution in regard to holding the remainder of the Session at Lawrence.

Whereas, the Legislature of the Territory of Kansas, is required by the statutes to meet in the capital of said Territory; And, whereas, the halls provided for the holding of the annual session of said Legislature, are inconvenient in point of distance from cach other, as well as uncomfortable and unsuitable, they being open and cold, and destitute of committee and other suitable rooms, necessary for the transaction of the legitimate business of the Legislative Assembly; And, whereas, there is a general lack of suitable accommodations for the members and officers of the said Legislature; And, whereas, suitable accommodations can readily be obtained at other points in the Territory. Therefore,

Be it resolved by the Governor and Legislative Assembly of
the Territory of Kansas, that we do adjourn at 11 o'clock, P. M.
(this evening) to meet in the city of Lawrence, Kansas Territo-
ry, on Friday, January 8, 1858, at 12 o'clock, M., to hold the
remainder of the present session, and that the Secretary of the
Territory be requested to procure suitable rooms for the accom-
modation of said Legislative Assembly in said city of Lawrence.
[Signed,]
G. W. DEITZLER,

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

Approved January 5, 1858.

J. W. DENVER,

President of the Council.

Acting Governor.

CHAPTER LXXVII,

CONCURRENT RESOLUTION.

Concurrent Resolution in relation to the Board of Commissioners for the Investigation of Election Frauds.

Be it resolved, by the Council and House of Representatives, the House of Representatives concurring; that the Board of Commissioners for the investigation of election frauds, be, and

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