SEC. 2. Any board of County Commissioners violating the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall pay a fine of not less than one thousand nor more than five thousand dollars.

SEC. 3. This act shall take effect and be in force from and after its publication, and it shall be the duty of the Secretary of State immediately upon the approval of this act, to cause it to be published once in the Topeka Tribune, which shall constitute such publication.

Approved, February 26, 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 1, 1864.

W. W. H. LAWRENCE,

Secretary of State.

When voters pe

board.

CHAPTER XXXIV.

STOCK RUNNING AT LARGE IN THE NIGHT-TIME.

AN ACT authorizing County Commissioners, under certain circumstances, to issue an order prohibiting stock from running at large in the nighttime.

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

SECTION 1. That whenever a majority of the qualified electors in any one of the counties of this State, shall, by petition, tition, duty of Co. ask the board of County Commissioners of such county, to make and order that all persons owning domestic animals of any kind therein to be specified, shall keep them confined in the night-time, for a certain portion of the year, to be specified in such petition, the said board of Commissioners shall make such order under their hands, and [cause the same to be entered upon the journal or record of their proceedings, and they shall also cause a certified copy thereof to be published

in some newspaper published in the county, for three weeks, or in case no paper shall be published therein, then by causing written or printed copies thereof to be posted in at least three public places in each township within the county, for three weeks before such order shall take effect; and such order shall continue in force from year to year, according to the tenor thereof, which shall be in conformity with such petition, until the same shall be vacated or modified by such board.

tors required.

SEC. 2. That whenever the number of electors of the proper county subscribing such petition or petitions shall be at least three-fifths of the number of votes polled in such county at the Three-fifths eleclast general election, such number shall be considered conclusive as to a majority of the qualified electors in the county, and an affidavit shall be appended to each petition by some competent witness, setting forth that the several petitioners are qualified electors of the county, and themselves subscribed the same personally or by their authorized agents, naming such agents.

SEC. 3. That the owners of domestic animals so required to be confined in the night-time, shall be liable to any person who shall suffer damage from the depredations of such animals during the night-time, for the period that such animals shall be required to be confined by the order above provided for, without regard to condition of his fence, and the person so damaged shall have lien upon said stock for the amount of damage done, and all costs of proceedings to recover the same.

SEC. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved, February 27, 1864.

THOMAS CARNEY,

Damages asses'd.

Governor.

Commissioners appointed.

Το meet when and where.

Vacancy.

To locate.

Compensation.

CHAPTER XXXV.

COMMISSIONERS TO LOCATE STATE ASYLUM FOR THE BLIND.

AN ACT to provide for the appointment of Commissioners to locate the State Asylum for the blind, and to define the duties and fix the compensation of said Commissioners.

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

SECTION 1. That Henry McBride, of Johnson county, and Fielding Johnson and Byron Judd, of Wyandotte county, of the State of Kansas, be and they are hereby appointed Commissioners to fix and determine the location of the State asylum for the blind, for the State of Kansas.

SEC. 2. That said Commissioners shall meet at the city of Wyandotte, within six months after the approval of this act, and take the oath of office to faithfully discharge their duties as such Commissioners.

SEC. 3. That any vacancy occurring through the failure or refusal to qualify of either of said Commissioners in the manner herein prescribed, or from any other cause, such vacancy shall be filled by appointment of the Governor.

SEC. 4. Said Commissioners shall locate the asylum for the blind at some point within the county of Wyandotte, and for that purpose they shall select a tract of land, not less than ten acres, affording, if practicable, building stone, water, and other facilities for the erection of suitable buildings for a State asylum for the blind, and secure the title of the land in fee simple to the State, by donation, within twelve months after the passage of this act.

SEC. 5. Said Commissioners shall receive three dollars per day as compensation for their services, during the time actually employed, together with their necessary expenses, and upon their furnishing the proper vouchers their accounts shall be audited and allowed by the Auditor of State, and he shall thereupon issue warrants on the State Treasurer for the amount so allowed.

SEC. 6. This act shall take effect and be in force from and after its publication in the statutes.

Approved, February 27, 1864.

THOMAS CARNEY,

Governor.

CHAPTER XXXVI.

WYANDOTTE COUNTY TO SUBSCRIBE STOCK.

AN ACT to authorize the county of Wyandotte to subscribe stock in the Union Pacific Railway Company, Eastern Division.

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

SECTION 1. The county of Wyandotte is authorized to subscribe one hundred thousand dollars stock in the Union Pacific Railway Company, eastern division.

SEC. 2. The County Commissioners of the county of Wyandotte shall issue one hundred thousand dollars of the bonds of said county, with coupons attached, to be signed by the president of the board of County Commissioners, payable twenty years from date, and bearing interest at the rate of seven per cent. per annum, payable semi-annually at the office of the County Treasurer of the county of Wyandotte, which bonds shall be signed by the president of the board of County Commissioners of said county, and countersigned by the clerk of said board, and the seal of the county attached, and which bonds shall specify to whom payable, the rate of interest, and time when the principal and interest shall be paid, and each bond so issued shall not be for a less sum than one thousand dollars: Provided, that the Union Pacific Railway Company shall issue to the county of Wyandotte one hundred thousand dollars of full paid stock of the Union Pacific Railway Company, eastern division, and construct a railroad or branch from the main line of the Union Pacific Railway, on the north side of the Kansas river, to and across the levee in the city of Wyandotte and county aforesaid, to the Missouri river: And provided, further, that the Union Pacific Railway Company shall pay all the interest that may accrue or become due on the bonds issued by the county of Wyandotte as provided for in this act, on or before the first day of March, A. D. 1867 : Provided, also, that the Union Pacific Railway Company shall comply with the provisions and stipulations of a lease given by the city of Wyandotte to the Union Pacific Railway Company, on a tract of land on the levee in said city, for depot grounds and other purposes,

Tax levied.

Sinking fund.

SEC. 3. The president of the board of County Commission. ers of the county of Wyandotte is hereby authorized and directed to obtain suitable blank bonds to be issued as provided for in this act.

SEC. 4. The County Commissioners of the county of Wyandotte shall cause to levy and collect each year, from and after the 1st of January, 1867, with the other taxes of the county, a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this act; and also to levy and collect a tax sufficient to create a sinking fund for the final redemption of such bonds, which, tax, when paid into the county treasury, shall be and remain a specific fund for said purpose only, and shall not be appropriated or used in any other way, except as hereinafter provided.

SEC. 5. That the tax mentioned in the fourth section of this act, levied and collected to create a sinking fund for the final redemption of the bonds issued under this act, shall be invested annually, if the same can be done advantageously by and for the interest of the county, by the president of the board of County Commissioners, and the County Treasurer of the county, in the bonds of the United States, and in the bonds of this State, at their market value on the New York Stock Exchange, or the bonds of said county, issued under the provisions of this act, at their lowest market value, but in no case shall the same be purchased at a higher price than their par value. Bonds of the United States and of this State, so purchased, shall be held and retained by the County Treasurer, until the principal of the bonds issued under this act shall become due, and shall then be disposed of at the highest market rates of the New York Stock Exchange, and the proceeds of the sale of such bonds, purchased as aforesaid, shall be appropriated to the redemption of the bonds issued under this act. But all bonds of the county, purchased as aforesaid, shall have "Cancelled" written across the face of the bonds, and of the remaining coupons, and the date of the cancellation shall be written on the face of the bonds so cancelled, and the cancelled bonds shall then be deposited with the County Commissioners' clerk.

SEC. 6. That whenever the interest on the bonds issued