CHAPTER LXV. GRAND AND PETIT JURORS. AN ACT to amend an act providing for the selection and summoning of grand and petit jurors, approved Feb. 11th, 1859. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That section nine (9) of an act providing for the selection and summoning of grand and 'petit jurors, approved Feb. 11, 1859, be amended so as to read as follows: "Sec. 9. At least thirty days before any term of the District Court, at which a grand and petit jury, or either of them, shall be required by law, the clerk of the county where such court is to be held, shall draw from the grand jury box the names of fifteen persons, to serve as grand jurors, and from the petit jury box the names of twelve men, to serve as petit jurors. SEC. 2. That section 15 of said act shall be amended so as to read as follows: "Sec. 15. The sheriff' shall summons the persons named in such list, respectively, to attend such court at least six days previous to the sitting thereof, by giving personal notice to each person, or by leaving a written notice at his place of residence, with some person of proper age, and shall return such lists to the court at the opening thereof, specifying the names of those who were summoned and the manner in which each person was notified; but no grand jury shall be summoned in any case, unless specially ordered by the written direction of the judge of the district in which the court is held. SEC. 3. The officers attending the drawing of grand and petit jurors, under the provisions of the act to which this act is amendatory, shall each be entitled to the sum of two dollars per day for their services in drawing said jurors, to be audited and paid as accounts against counties are audited and paid. SEC. 4. This act shall be force from its publication in the Topeka Tribune, in which the Secretary of State shall cause the same to be published immediately after its passage. Approved, March 1, 1864. THOMAS CARNEY, Governor. 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 4, 1864. W. W. H. LAWRENCE, Secretary of State. CHAPTER LXVI. SOUTHERN KANSAS PACIFIC RAILROAD COMPANY. AN ACT to amend an act entitled "An act to incorporate the Southern Be it enacted by the Legislature of the State of Kansas : Amended. SECTION 1. That section first of said act be amended so as to read as follows: "A company is hereby incorporated under the name and style of the Osage and Cottonwood Valley Railroad Company, the capital stock of which shall be one million dollars, to be divided into shares of one hundred dollars each, the holders of which, their successors and assigns, shall constitute a body corporate and politic, and by the name aforesaid shall have continual succession, may sue and be sued, plead and be impleaded, defend and be defended against, and may have and use a common seal, and shall be able in law and equity to make contracts, may take, hold, use, possess, and Directors. enjoy in fee simple or other title, in and to any real estate, and may sell and dispose of the same, and make by-laws, rules and regulations proper for carrying into effect the provisions of this act not repugnant to the constitution or laws of the United States or of this State, and shall have the usual and necessary powers of companies for such purposes." SEC. 2. That the second section of said act be so amended as to read as follows: "That P. P. Elder, G. A. Colton, R. W. Massey, II. L. Hunt, Geo. N. Miller, Harvey Torrey, Charles Simms, B. F. Simpson, A. R. Morton, T. H. Ellis, H. W. Fick, J. R. Swallow, W. P. B. Paisley, F. G. Hunt, G. W. Humphrey, G. W. Brown, M. R. Leonard and J. H. Watson, shall constitute the first board of directors under this act, and Trust bond of Amendment. Shall hold office shall hold their offices until their successors shall be chosen until successors elected, &c. Amendment. Amendment. and qualified. They shall meet at such time and place as shall be designated by a majority of them, and organize by electing one of their own members as president of the board, who shall be president of the corporation, and they may also elect a secretary and treasurer, who shall give suitable bonds to the corporation for the faithful discharge of their duties." SEC. 3. That section third of said act be so amended as to read as follows: "Said company shall have power to survey, locate, construct, complete, alter, maintain and operate a railroad with one or more tracks, from a point on the eastern line of the State of Kansas east of Paoli, in Miami county, thence by way of Paoli, and Emporia, Lyon county, Kansas, to the boundary of the State, in the direction of Fort Union and Santa Fe, New Mexico." SEC. 4. That section four of said act be amended so as to read as follows: "That all the privileges and provisions of an act entitled 'An act to incorporate the Wyandotte, Minneola and Council Grove Railroad Company,' be and the same are hereby conferred on the 'Osage and Cottonwood Valley Railroad Company,' which last mentioned company shall have five years from the approval of this act, in which to commence the construction of the said Osage and Cottonwood Valley Railroad." SEC. 5. This act shall take effect and be in force from and after its passage. Approved, February 12, 1864. THOMAS CARNEY, Governor. CHAPTER LXVII. CITIES OF KANSAS-AMENDATORY. AN ACT to amend an act entitled "An act to incorporate cities of the State of Kansas," approved March 4th, 1862. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That all of article four (4) of said act be and the same hereby is changed and amended, so as to read as follows, to wit: SEC. 2. In each city, under this act, there shall be a board of education, consisting of three members from each ward, elected by the qualified voters thereof, one of whom shall be elected annually, and shall hold his office for the term of three Term of office. years, and until his successor is elected and qualified: Provided, that at the first election held under this act, the entire board shall be elected, one of whom from each ward shall serve for the term of one year, one for the term of two years, and filled. SEC. 3. The board of education shall have power to fill any Vacancies-how vacancy which may occur in their body: Provided, that any vacancy occurring more than ten days previous to the annual eity election, and leaving an unexpired term of one or more years, shall be filled at the first city election thereafter, and the ballots and returns of election shall be designated as follows: "To fill unexpired term of years." SEC. 4. The board of education shall have power to elect Regulations. their own officers, make their own rules and regulations, subject to the provisions of this act, to organize and maintain separate schools for the education of white and colored children, to establish a high school wherever, in their opinion, the educational interests of the city demand the same, and to exercise the sole control over the public schools and school property of the city. SEC. 5. The board of education, at its regular meeting in Organization. May of each year, shall organize by the election of a president and vice president from among its own members, each of whom shall serve for the term of one year, or until their successors are elected; they shall also elect a clerk, who shall act Duty of President. Vice President. Secretary-duty of. Bond and oath. Treasurer-duty of. [as] superintendent of public schools, and hold office during the pleasure of the board. SEC. 6. It shall be the duty of the president to preside at all meetings of the board of education, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn. upon the city treasurer for school moneys. SEC. 7. It shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability. SEC. 8. It shall be the duty of the secretary to be present at all the meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board of education, to act as superintendent of public schools, and perform such other duties as the board of education or its committees may require; and, for his services he shall receive such salary as the board may deem adequate. SEC. 9. Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of one thousand dollars, with good and sufficient securities, to be approved by the board, and shall take and subscribe an oath or affirmation, before a proper officer, that he will support the constitution of the United States, the constitution of the State of Kansas, and faithfully perform the duties of his office. SEC. 10. The treasurer of the city shall be, ex officio, the treasurer of the board of education. He shall attend all the meetings of the board, when required so to do, shall prepare and submit, in writing, a monthly report of the state of its finances, and shall pay school moneys only upon a warrant signed by the president, or in his absence, by the vice president, and countersigned by the secretary. SEC. 11. No member of the board of education shall receive any pay or emolument for his services. SEC. 12. The board of education, at such time as they shall deem expedient, shall appoint three competent persons, who shall be styled the examining committee of the board of education, whose duty it shall be to examine all persons who may |