Located at the city of Dela

ware.

Commissioners shall procure a site and erect necessary

buildings, when

Commissioners how elected.

AN ACT entitled "An Act Locating the Penitentiary."

Be it enacted by the Governor and Legislative Assembly the Territory of Kansas, as follows:

of

SECTION 1. The Penitentiary of the Territory of Kansas shall be and is hereby located at Delaware City in the county of Leavenworth.

SEC. 2. As soon as the necessary appropriations for the erection thereof are made, the Commissioners hereinafter provided for shall proceed immediately to procure a site and to erect the necessary buildings.

SEC. 3. The Legislature shall elect, by joint ballot, at the present session, three Commissioners, who shall be styled the Term of office. Penitentiary Commissioners; one for three years, one for two

Act repealed.

years, and one for one year; and the Legislative Assembly shall, each year thereafter, elect one Commissioner, who shall hold his office for three years, and until his successor is elected and qualified, whose duties shall be prescribed by law.

SEC. 4. An Act entitled "An Act to locate the Penitentiary," approved February 17, 1857, is hereby repealed.

This Act to take effect, and be in force from and after its passage.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 9, 1858.

J. W. DENVER,

Acting Governor.

CHAPTER LVI.

PENITENTIARY.

AN ACT Supplemental to an Act entitled "An Act Locating the Penitentiary." Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That the Commissioners elected under the provision of the third section of said Act shall, as soon as an appropriation is made for the location and erection of the Penitentiary, proceed to the duties enjoined upon them in said Act.

When an ap

propriation is made, duty of commissioners.

shall give bond.

SEC. 2. That the said Commissioners shall, before entering Commissioners upon the duties of said office, give bonds for the faithful performance of their respective duties, to the Secretary of the Territory, with sufficient security, to be approved by the Governor, How approved. in such sums as the Governor shall deem necessary, and upon such approval, shall have power to draw upon the Treasurer for such sum or sums of money as they shall deem necessary for the location and erection, not otherwise appropriated and expended.

shall be sworn.

SEC. 3. That the said Commissioners shall, on the receipt of Commissioners their commission and before entering upon their duties, take and subscribe an oath for the faithful performance of the duties enjoined on them in said Act, which oath shall be filed in the office of the Secretary of the Territory.

This Act to take effect and be in force from and after its passage. [Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 12, 1858.

J. W. DENVER,

Acting Governor.

Consignee shall keep a

book, and en

ter a descrip

perty with date

CHAPTER LVII.

DISPOSITION OF PROPERTY.

AN ACT Relative to the Disposition of Unclaimed Property.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That whenever any personal property shall be consigned to, or deposited with any forwarding merchant, wharf tion of the pro- keeper, warehouse keeper, tavern keeper, or the keeper of any of reception, of depot for the reception and storage of trunks, baggage, merchanall personal dise or other personal property, such consignee or bailee shall immediately cause to be entered in a book kept by him, a description of such property, with the date of the reception thereof.

property con

signed to or deposited with him.

Shall notify

owner by letter

of the property. when.

SEC. 2. That if such property shall not have been left with of the reception such consignee or bailee, for the purpose of being forwarded, or disposed of according to directions received by such consignee or bailee, at or before the time of the reception thereof, and if the name and residence of the owner of such property be known to the person having such property in his possession, he shall immediately notify the owner, by letter directed to him and deposited in a post office, of the reception of such property.

When he may proceed to sell

SEC. 3. That if any such property shall not be claimed and such property. taken away, within one year after the time it shall have been so received, the person having possession thereof, may, at any time. thereafter, proceed to sell the same in the manner provided in this chapter.

Manner and time of giving notice.

SEC. 4. That before any such property shall be sold, if the name and residence of the owner thereof be known, at least sixty days notice of such sale shall be given him, either personally or by mail, or by leaving a note at his residence or place of doing business; but if the name and residence of the owner be not known, the person having the possession of such property, shall cause a notice to be published containing a description of the property, for the space of six weeks successively, in a newspaper, if there be one, published in the same county; if there be no newspaper published in the same county, then said notice shall be published in a newspaper nearest thereto in an adjoining county; the last publication of such notice shall be at least eighteen days previous to the time of sale.

SEC. 5. That if the owner or person entitled to such property, shall not take the same away, and pay the charges thereon, after

If the owner

shall not take

the same away after sixty days

and pay charges

notice.

signee.

sixty days notice shall have been given, it shall be the duty of the person having possession thereof, his agent or attorney, to make and deliver to a justice of the peace of the same town an affidavit, setting forth a description of the property remaining Duty of conunclaimed, the time of its reception, the publication of the notice, and whether the owner of such property be known or unknown. SEC. 6. That upon the delivery to him of such affidavit, the Duty of the justice shall cause such property to be opened and examined in his presence and a true inventory thereof to be made, and shall annex to such inventory an order under his hand that the property therein described be sold by any constable of the city or town, the property. where the same shall be, at public auction.

SEC. 7. That it shall be the duty of the constable receiving such inventory and order, to give ten days notice of the sale, by posting up written notices thereof in three or more public places in such city or town, and to sell such property at public auction to the highest bidder, in the same manner as provided by law for sales under executions from justices' courts.

justice.

Shall issue an

order to the

constable to sell

Duty of consta

ble, shall give

ten days notice

of sale.

turn, how.

SEC. 8. That upon completing the sale, the constable making Shall make rethe same, shall indorse upon the order aforesaid a return of his proceedings thereon, and return the same to the justice, together with the inventory, and the proceeds of the sale after deducting his fees.

paid out of the

Balance of proceeds to be paid

SEC. 9. That from the proceeds of such sale, the justice shall Charges to be pay all legal charges that have been incurred in relation to such proceeds. property, or a ratable portion of each charge if the proceeds of said sale shall not be sufficient to pay all charges; and the balance if any there be, he shall immediately pay over to the treasurer to county treaof the county in which the same shall be sold, and deliver a statement therewith, containing a description of the property sold, the gross amount of such sale, and the amount of costs, charges and expenses paid to each person.

surer.

treasurer.

The owner may

SEC. 10. That the county treasurer shall make an entry of the Duty of county amount received by him, and the time when received, and shall file in his office such statemen, so delivered to him by the justice. SEC. 11. That if the owner of the property sold, or his legal when fire representatives shall at any time within five years after such years receive money shall have been deposited in the county treasury, furnish deposited with satisfactory evidence to the treasurer of the ownership of such property, he or they shall be entitled to receive from such treasurer the amount so deposited with him.

SEC. 12. That if the amount so deposited with any county

the amount

the treasurer.

in five years,

If not claimed treasurer, shall not be claimed by the owner thereof or his legal how disposed of representatives, within the said five years, the same shall belong to the county, and may be disposed of as the county Board of Supervisors may direct.

Perishable property, manner of notice and sale.

Fees of justice and constable.

SEC. 13. That property of a perishable kind and subject to decay by keeping, consigned or left in the manner before mentioned, if not taken away within thirty days after it shall be left, may be sold by giving ten days notice thereof; the sale to be conducted, and the proceeds of the same to be applied in the manner before provided in this chapter: Provided, that any property in a state of decay, or that is manifestly liable immediately to become decayed, may be summarily sold by order of a justice of the peace, after inspection thereof, as provided in section six of this chapter.

SEC. 14. That the fees allowed to any justice of the peace under the provisions of this Act, shall be one dollar for each day's services, and to any constable the same fees as are allowed by law for sales upon an execution, and ten cents per folio for making an inventory of property.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 12, 1858.

J. W. DENVER, Acting Governor.

Act repealed.

CHAPTER LVIII.

PATROLS.

AN ACT repealing an Act entitled "An Act concerning Patrols."

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas :

SEC. 1. That the Act entitled " An act concerning Patrols" be, and the same is hereby repealed.

This Act to take effect and be in force from and after its pas

sage.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

Approved, February 6, 1858.

J. W. DENVER, Acting Governor.