OF THX

TERRITORY OF KANSAS,

PASSED AT THE FIFTH SESSION

OF THE

LEGISLATIVE ASSEMBLY;

BEGIN AT THE

CITY OF LECOMPTON,

ON THE 1ST MONDAY OF JAN’Y, 1859, AND HELD AND CONCLUDED

AT THE

CITY OF LAWRENCE.

PUBLISHED BY AUTHORITY,

LAWRENCE, K. T.:
HERALD OF FREEDOM STEAM PRESS.

1859.

L 5303 FEB 2 5 1932

CONTENTS.

CHAPTER

3.

......

......

......

......

4.5

PAGR.

1. An Act authorizing Actions to be brought in certain cases............. 9

2. “ respecting Executors and Administrators-of their appointment

and removal from office...................................... 10

making appropriations for the expenses of the Territory of

Kansas, for the year 1859.................................... 44

4.

to appropriate fifteen hundred dollars for the payment of the

Grand Jurors and witnesses of the special term of Court, called

January 31, 1859 .............

for the relief of certain persons.... .......................... 46

amendatory to an Act inaking an appropriation to pay the ex-

penses of the Board of Commissioners to investigate Election

Frauds, and granting certain powers to said Board............ 47

to authorize the Governor to employ counsel to defend such of

our citizens as are now confined in jail in Platte county, Mis-

souri .......... ............................................

to define and establish the Council and Representative Districts

of the Territory of Kansas for the next Legislative Assembly... 48

supplemental to an Act making the apportionment for the fifth

Legislative Assembly.....

repealing an Act entitled “An Act supplementary to an Act

making an apportionment for the fifth Legislative Assembly”...

supplementary to an Act making an apportionment for the fifth

Legislative Assembly of Kansas Territory....... ........

providing for the appointment of Territorial Auditor, and pre-

scribing the duties of his office ............

concerning Apprentices......................................

relating to Attorneys at Law..............................

regulating actions against Boats.............................

to authorize the Board of Supervisors of Leavenworth, Douglas,

Wyandott, Johnson, Atchison and Lykins counties to issue

bonds, and for other purposes................. ........ 65

17. "

amendatory to “An Act to authorize the Board of Supervisors of

Leavenworth, Douglas, Wyandott, Johnson and Lykins counties

to issue bonds, and for other purposes” ........................ 68

supplemental to “An Act to authorize certain counties to issue

bonds, and for other purposes"..........

to authorize the county and city of Leavenworth to issue bonds

to or take stock in a Railroad Company........

. .... 69

respecting Bonds, Notes and Bills of Exchange ....... ..... 71

PAGE.

CHAPTER 21. An Act to provide for the adjustment and payment of Claims.......... 74

22. “ supplementary to an Act entitled “An Act to provide for the

payment of Claims" ............

providing for taking a Census.......

24. "

concerning the Plats of cities and towns..............

to establish a Code of Civil Procedure........

26. 16 amendatory to an Act entitled “An Act to establish a Code of

Civil Procedure," passed February, 1859....

......... 184

to establish a Code of Criminal Procedure................... 185

28.

regulating Crimes and punishment of Crimes against the per-
reculati

sons of individuals .....................

... 231

29. 1 providing for the appointment of Commissioners to take depo-

sitions in other Territories and States........................ 288

regulating Conveyances......

............ 289

providing for the formation of a Constitution and State govern-

ment for the State of Kansas................................ 292

32. “ authorizing the Council and House of Representatives to punish

for contempt and for other purposes.......................... 298

33.

regulating Contracts and Promises............ ......... 301

34.

making valid contracts for the sale of improvements on public

lands ............

.................... 302

35. "
respecting Convicts ..............

............................ 303

36. " to enable the Trustees of Colleges, Academies, Universities and

other institutions, societies and companies, to become bodies

corporate ...... ......

............ 305

requiring the Judge of the second Judicial District to hold a

special term of Court, and for other purposes................ 327

supplemental to an Act requiring the Judge of the second Judi-

cial District to hold a special term of Court, and for other pur-

poses, passed at the present term of the Legislative Assembly, 329

39.

repealing an Act requiring the Judge of the second Judicial

District to hold a special term, and for other purposes........ 329

defining the Judicial Districts of the Territory, and fixing the

times and places of holding Courts therein...................

for the relief of suitors in Probate Court..................... 332

relating to Counties and County Officers...................... 335

defining the boundary line between the counties of Madison and

Breckenridge, in Kansas Territory .......... ......... 357

establishing and organizing the counties of Montana, El Paso,

Oro, Broderick and Fremont, and to define the boundaries

thereof ...................

............. 357

45. " supplemental to an Act entitled “An Act organizing and estab-

lishing the counties of Montana, El Paso, Broderick, Fremont

and Oro,” in the Territory of Kansas, passed January, A. D.
1859.......................................... ........... 360

to organize the counties of Wise, Butler and Chase...........

47. " creating and organizing the county of Wyandott..............

48. 16

330

361

61.

67.

• 407

70.

PAGE.

CHAPTER 54. An Act to fix permanently the county seat of Johnson county......... 370

55.

to provide for the location of the county seat of Linn county... 371

to incorporate the town and town company of Elmen Daro, and

locate the county seat of Madison county.................... 372

to locate the county seat of Marshal county .......... ........

locating permanently the county seat of Shawnee county ...... 375

59. "

organizing and temporarily locating the county seat of Wa-

baunsee county ............................................. 376

temporarily locating the county seats of Wise and Chase coun-

ties, [and changing the name of Wise county to Morris county,] 377

to provide for funding the indebtedness of the Territory ....... 377

to amend an Act entitled “An Act to legalize the registry of

Deeds for the city of Topeka,” approved February 9, 1858..... 380

concerning Descents and Distributions.......................

64. concerning Divorce and Alimony............................

65.

regulating Elections ........................................ 386

66.

regulating contested Elections.......

...... 402

exempting certain Property from sale upon execution or other

process ......

regulating the Fees of officers, jurors and witnesses............ 410

regulating Ferries.......

418

to prevent the firing of woods, marshes, prairies ............... 421

for the prevention of Frauds and Perjuries.................... 422

to prevent the mutilation or alteration of Acts and Bills ....... 423

relative to Fugitives from justice from other Territories and

States ............................................ ....... 424

providing for the time of meeting of the General Assembly.... 427

concerning Guardians and Wards ..................... ...... 427

76. regulating proceedings on Writs of Habeas Corpus..... ... 430

to provide for locating and working Highwayg........

regulating inclosures ........

.. 465

79.

for the incorporation of Turnpike Road Companies...... .. 466

providing for the incorporation of Towns and Villages......... 480

81.

regulating the interest of Money .......

82. “ for the maintenance and support of Illegitimate Children .......

concerning County Jails..........

Jails.................................... 49)

491

providing for the selection and summoning of Grand and Petit

Jurorg ........................................ ....... 494

to relieve the Firemen of the city of Leavenworth from service

on juries, and from poll tax............. .............. 499

to define the duties of Justices of the Peace in cases of breach

of the peace..........................

........ 499

regulating the jurisdiction and procedure before Justices of the

Peace, and of the duties of Constables in civil cases .......... 504

for the re-organization of the Library of the Territory, and to

provide for the appointment of Librarian......................

repealing certain Laws ...........

.....

for securing Liens to Mechanics and others..... ....... 547

to restrain Dram Shops and Taverns and regulate the sale of

intoxicating liquors .....

553

concerning Lunatics and habitual Drunkards.................

in relation to Marriage...................................... 563

to protect the rights of Married Women, and in relation to the

liabilities of the marriage relation .................. ......... 561

to authorize the formation of volunteer Military Companies... 56

78.

«

80.

:

92.

94.