Duty of. Apportionment of interest. Tax levied. residents of such town, or the owners of any interest therein; and it shall be the duty of such commissioners to cause an actual survey of such site to be made, conforming as near as may be to the original survey of such town, designating on such plats the lots or squares on which improvements are standing, with the name of the owner or owners thereof, together with the value of the same. SEC. 3. Said commissioners shall, as soon as survey and plat shall be completed, cause to be published in some newspaper published in the county in which such town is situated, a notice that such survey has been completed, and giving further notice to all persons concerned or interested in such town site, that on a designated day the said commissioners will proceed to set off to the persons entitled to the same, according to their respective interests, the lots, squares or grounds, to which each of the occupants thereof shall be entitled. Such publication shall be made at least thirty days prior to the day set apart by such commissioners to make such division. SEC. 4. After such publication shall have been duly made, the commissioners shall proceed, on the day designated in such publication, to set apart to the persons entitled to receive the same, the lots, squares or grounds to which each shall be entitled, according to their respective interests, including in the, portion or portions set apart to each person or company of persons, the improvements belonging to such persons or company. SEC. 5. After the setting apart of such lots or grounds and the valuation of the same as herein before provided for, the said commissioners thall proceed to levy a tax on the lots and improvements thereon, according to their value, sufficient to raise a fund to reimburse to the parties who may have entered such site, the sum or sums paid by them in securing the title to such site, together with all the expenses accruing in perfecting the same, the fees due the commissioners and the surveyor for their respective services, and all other necessary expenses connected with the proceeding. SEC. 6. Such commissioners shall make due return of their proceedings to the Judge of Probate within ten days after the completion of their duties under this act, and shall, with such Filing of papers. return, file all the papers, plats, valuations, assessments and other proceedings connected with such proceedings. taxes. SEC. 7. The said Probate Judge shall then proceed to col- Collection of. lect the taxes, levied as aforesaid, and he shall make deeds to the lots so set apart to the various parties entitled to the same, but no deed shall be made to any person until such person. shall have first fully paid all the tax or assessment so levied against him; and in case any person shall refuse or neglect to pay such tax or assessment so made against him, the Probate. Judge may proceed to offer such lots and improvements for 'sale to the highest bidder, first giving such public notice as may be required in case of execution against the lands and tenements of a debtor in the District Court. SEC. 8. The Probate Judge shall reimburse the party or Reimbursement: parties who may have entered and secured the title to such site, together with all the necessary expenses incurred out of the fund thus provided, taking their receipts therefor, which receipt shall be filed with the papers returned by the commissioners, and kept by him among the records of his court. SEC. 9. This act to take effect and be in force from and after its publication in the statute book. Approved, February 29, 1864. THOMAS CARNEY, Governor CHAPTER CXXIII. BOURBON COUNTY CREDITED WITH TAX. WHEREAS, the county of Bourbon, in the State of Kansas, when organized, was erected out of the Indian Territory, being the New York Indian lands and Cherokee neutral lands; and whereas, the Indian title to the New York Indian lands was not extinguished until 1860, and the title to the Cherokee neutral lands still remains with the Indians; therefore, Be it enacted by the Legislature of the State of Kansas: SECTION 1. That the State Auditor be and he is hereby directed to credit the county of Bourbon with the amount of Territorial tax apportioned to said county prior to the year SEC. 2. That this act shall be in force and take effect from and after its passage. Approved, February 27, 1864. THOMAS CARNEY, Governor. of County Commissioners. CHAPTER CXXIV. RAILROAD COMPANIES TO ACQUIRE TITLE TO LAND.. AN ACT to enable railroad companies to acquire title to land for railroad' purposes. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That any duly chartered and organized railroad To apply to br'd company may apply to the board of County Commissioners of any county through which such company proposes to construct its road, to lay off, along the line of such proposed railroad, as. located by such company, a route for such proposed railroad, not exceeding one hundred feet in width, except it passes through a hill or bluff, where it shall be the necessary width exceeding one hundred feet, through so much of said county as may be desired by such company, and also such land as may be deemed necessary for side tracks, depots and workshops and water-stations, materials for construction except timber, a right of way over adjacent lands sufficient to enable such company to construct and repair its roads and stations, and a right to conduct water by aqueducts, and the right of making proper drains. SEC. 2. Upon application being so made in writing, such board of County Commissioners shall forthwith proceed to lay off such route, side tracks, &c., for such distance through their said county as may be so desired, and of such width, within the limits aforesaid, and upon such location as may be desired by such company, having the same carefully surveyed, and ascertaining carefully the quantity of land necessary for such purposes out of each quarter-section or other lot of land through which such route, side tracks, &c., is so located, and appraise the value of such portion of any such quarter-section or other lot of land, and assess the damages thereto; and when such Damages asses'd. commissioners shall ascertain that such portion of such quarter-section or lot belongs to different owners, they shall appraise the value and assess the damages of each such owner's interest; all which doings the board of commissioners shall embody in a written report, and file in the office of the Report. County Clerk of such county. SEC. 3. Such County Clerk shall forthwith prepare and file Report filed. in the office of the treasurer of such county a copy of such report; and if such company shall cause to be paid to such treasurer the account in full of such appraisement within ninety days of the time of filing such copy in such treasurer's office, such treasurer shall thereupon certify such fact upon such copy of report, in writing, under his hand and seal of office, and shall, upon demand of the persons severally entitled thereto, pay over the amounts of such fund to such persons as shall be respectively entitled thereto. SEC. 4. If such company shall cause such copy of report, so certified, to be, within ten days after such certifying, filed and recorded in the office of the Register of Deeds for such county, it shall have the right to occupy the land so embraced within such route, &c., for the purposes necessary to the construction and use of its road, for the period of three years next thereafter; and to such portions of such road as over which a railroad shall be actually constructed within such time, title in fee simple shall vest in such company, its successors and assigns, as soon as so much of such railroad shall have been constructed fit for use. SEC. 5. The public officers hereby required to perform duties shall be paid therefor by the company upon whose application they shall act. SEC. 6. Before any board of County Commissioners shall proceed to lay off any railroad route, as herein provided for, notice of the time when the same shall be commenced shall be Notice. given by publication, thirty days before the time fixed, in some newspaper published in such county, or, if none be published therein, then in one of general circulation in the county wherein such is to be laid off. SEC. 7. This act to take effect from and after its publication in the Topeka Tribune. 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 5, 1864. W. W. H. LAWRENCE, Secretary of State. Vacated. CHAPTER CXXV. STREETS, ALLEYS AND PUBLIC GROUNDS. AN ACT to vacate the streets, alleys and public grounds in certain towns. SECTION 1. That the streets, alleys, parks and public grounds of Laporte, Petersburg, Mount Vernon and Charleston, in Doniphan county; the town of West Hiawatha, in Brown county; the town of Gertrude and Merrimac, in Marshall county; the town of Lexington, in Johnson county; the town of Superior, in Osage county; the town of Waterloo, in Lyon county; and also the streets and alleys in and between blocks 13, 14, 15 and 16, in the town of Humboldt, Allen county; also the alley in block 26, in the town of Grasshopper Falls, Jefferson county, are hereby vacated. SEC. 2. That the streets and alleys in the town of Clinton, in Douglas county, are hereby.vacated, as hereinafter described: Commencing at the southwest corner of said town; thence north, to Fifth street; thence east, to K street; thence south, to the south line of said town; thence west, to the place of beginning; also all that part of said town site east of Dstreet. |