Proceedings after election.

Count'g of votes.

Dispoelt'n of poll booka

SEC. 8. That, at the close of the polls, the poll books shall be signed by the judges, and attested by the clerks, and the names therein counted, and the number set down at the foot of the poll books, after which the ballot box shall be opened, and the ballots counted, and the number found in the ballot box set down on the poll books, under the number of electors. In the case of ballots found folded together, or of more than one person voted for for the same office, the judges shall be governed as provided by sections 21 and 22 of the act of which this is supplemental.

SEC. 9. That, after the examination of the ballots, the judges shall proceed to ascertain, and the clerks to record, for whom the votes were cast, after the manner following, to wit: one of the judges shall, in presence of all others, open the ballot box, and take therefrom a single ballot, which he shall read as föllows: first, the county, township or ward, number of representative district, the company and regiment as set forth on the ballot; and second, the names of the persons, with the designation of office for which the same was cast. The clerks will, on the announcement of the county, township or ward, turn to the proper place on the tally sheets, and record the vote as read by the judges, so that each ballot polled may be counted to the township or ward of which the elector is a resident. At the conclusion of the reading and recording of the vote, the clerk shall, under the inspection of the judges, proceed to count the vote recorded to each candidate, and set the same down in figures in the appropriate place, after which the judges shall certify the correct vote cast for each candidate, and for what office, which certificate shall be written upon the tally sheets, and attested by the clerks.

SEC. 10. It shall be the duty of the clerks to attach firmly together a copy of each of the poll books and tally sheets, and to fold the same up and seal them securely in separate envel opes, and endorse thereon a certified record of an election of citizens of Kansas in military employ, held at

One of the packages so endorsed shall be directed to the Secretary of State at Topeka, and may be transmitted by mail, or in such other secure way as the judges of election may think best. The other package, together with the ballots, shall be

State.

retained by one of the judges, but the former may be forwarded to the Secretary of State in the event of the loss of the first. SEC. 11. That it shall be the duty of the Secretary of State, Duty of Secr'y of on the receipt of any returns of an election, as contemplated in the foregoing section, to open the same and to record all votes cast for the State officers, member of Congress, or electors of President and Vice President of the United States, to the respective candidates for whom they were polled, and to file the records away in his office; and it shall be his duty on or before the second Monday of December, to transmit to the County Clerk of each county a certified abstract of all the votes polled for county officers by citizens of such counties in military employ, together with the township or ward, or representative district of which they were residents, as appears by the official records of his office.

board.

SEC. 12. That it shall be the duty of County Commissioners Duty of county of the respective counties of this State, at their meeting on the Friday next following the election, after opening the returns and canvassing the vote, as contemplated by section 27 of the act of which this is supplemental, to determine who have received the highest number of votes for all officers except county officers, which the County Clerk shall certify to the Secretary of State, as contemplated by section. 30 of the same act, after which the Commissioners shall adjourn to the third Monday of December, when they shall again meet, open and count to the proper candidates the votes certified to be polled for them according to the abstract provided to be forwarded from the office of Secretary of State by the preceding section, if such abstract has then been received by the County Clerk, when they shall determine the result, and the County Clerk shall forthwith issue the certificates contemplated by section 31 of the act of which this is supplemental.

SEC. 13. That all the provisions of the act of which this is supplemental not inconsistent with the provisions of this act, shall be taken and held as parts of this act.

SEC. 14. This act shall take effect and be in force from and after its publication in. the Topeka Tribune.

Approved, March 1, 1864.

14

THOMAS CARNEY,

Governor.

106

EXECUTORS AND ADMINISTRATORS.

[CH. 60.

I hereby certify the foregoing to be a true copy of the enrolled law on file in my office, and that the same was published in the Topeka Tribune for March 5, 1864.

W. W. H. LAWRENCE,

Secretary of State.

CHAPTER LX.

EXECUTORS AND ADMINISTRATORS.

AN ACT to amend sections 119 and 136 of an act entitled "An act respecting executors and administrators, of their appointment and removal from office," approved Feb. 23d, A. D. 1859.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That section (119) one hundred and nineteen of said act be amended so as to read as follows: "Section 119. If such redemption would injure the estate or creditors, or there would not be assets to redeem such property after the payment of debts, the court, in its discretion, may order the right, title and interest of the estate to such property to be sold, or may, on the application of the mortgagee, his assigns or legal representatives, order such property to be sold, and the proceeds applied in full satisfaction of the claim of said mortgagee, his assigns or legal representatives, against the estate, or, on the application of the mortgagee, his assigns or legal representatives, the court may order the administrator to convey to the mortgagee, his assigns or legal representatives, all the right, title and interest of the estate to such property, and such conveyance shall operate as an extinguishment of the claim of said mortgagee, his assigns or legal representatives, against the estate.

SEC. 2. That section (136) one hundred and thirty-six of said act be amended to read as follows: "In all public sales of real estate, made by any executor or administrator, he shall cause a notice, containing a particular description of the estate to be sold, and stating the time, place and terms of sale, to be published in some newspaper in the county for four weeks,

and shall put up a copy of such notice in ten public places in the county in which the sale is to be made, twenty days before the sale. If the Probate Court shall think advisable, and so order, the publication of such notice in the newspaper may be dispensed with."

AN ACT supplementary to an act respecting executors and administrators, of their appointment and removal from office.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That in all cases where persons die without heirs or will, in this State, and having property in this State, the County Treasurer shall pay the money in his hands, arising from the estates of such deceased persons, into the State treasury, for the use of the common school fund, within one year from the final settlement of the administrator, or within twelve months from the time of receiving such money.

Approved, February 29, 1864.

THOMAS CARNEY,

Governor.

CHAPTER LXII.

ORGANIZATION OF FIRE COMPANIES.

AN ACT to encourage the organization of fire companies.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That any person who now is, or shall hereafter become, an active member of any fire engine, hook and ladder,

duty.

or any other company for the extinguishment of fire or the protection of property at fires, now existing and in active operation, under the control of the corporate authorities of any city or incorporated town within this State of over five thousand inhabitants, or of any such company which shall hereafter be organized under and subject to the authorities of any cities or towns coming within the provisions of this section, shall, during the time he may continue an active member of such comExemption from pany, be exempted from the performance of military duty in time of peace, from serving as a juror, the payment of all poll. taxes, and from the payment of taxes on personal property to the amount of five hundred dollars, inclusive of the amount exempted by law previously enacted: Provided, that the priv-. ileges aforesaid shall not be extended to any but active duty members, furnished with all the apparatus or equipage neces-. sary, and all other members who have become disabled from serving as firemen while in the discharge of their duties as such; And provided, that such members shall not be deprived of said privileges in consequence of temporary absence from the place where such company may be located for a period of not more than six months: Provided, it was the intention of such absentees to return and continue their duties in said com-pany.

Proviso.

Exemption.

SEC. 2. That any person who shall have been such member of any such companies as are described in the preceding section, and shall have faithfully discharged his duties as such, for the term of five years, shall be forever thereafter exempt from the performance of military duty in time of peace, and from serving as a juror, so long as such person shall, remain a resident of the city or town wherein he became so exempt as aforesaid: Provided, that this said five years' service shall not be construed to mean only five consecutive years in the same company, but may consist of different periods of service, either in the same or in different companies, at different times, in all amounting to five years.

SEC. 3. That any person who has served five years shall be entitled to receive, from the president or foreman of the company or companies of which he shall have been a member, a Certificate given. certificate or certificates to that effect, specifying the length of