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CHAPTER 96. An Act relating to Minors...

578

97.

to provide for the foreclosure of Mortgages.

571

98.

changing the name of the town and township of Brownsville to

that of Auburn......

572

99.

to change the name of Calhoun county.

572

100.

to change the name of Weller county and to provide for the or-

ganization thereof....

573

101.

574

respecting Notaries Public.....

102.

regulating Oaths and prescribing the form of Oaths of Office.. 575

103.

576

pardoning John Sullivan ......

104.

to establish peace in Kansas..

577

105.

to establish a Penitentiary

577

concerning writs of Quo Warranto

579

107.

to recover Public Records.

581

108.

authorizing the Governor of Kansas Territory to offer rewards

in certain cases ..............

582

109.

to establish a Territorial Road from the State line of Missouri,

cominencing on the boundary line between Lykins and Johnson

counties, then West, via Spring Hill, to Minncola..

583

110.

to make certain Military Roads Territorial Roads.

584

111,

to establish certain [11] Territorial Roads...

584

112.

to establish certain [2] Territorial Roads

587

113.

to establish a Territorial Road......

590

114.

to locate a Territorial Road from Leavenworth to Topeka....

592

115.

to declare a certain Road a Territorial Road......

593

116.

to provide for the organization, supervision and maintenance of

Common Schools .....

594

117.

supplementary to an Act to provide for the organization, super-

vision and maintenance of Common Schools........

612

118.

declaring the office of Sheriff of Doniphan county vacant..

119.

to authorize the Sheriff's of the several counties to serve certain

Processes ..

613

120.

concerning the construction of Statutes.....

613

121.

adopting the Common Law as the rule of action in this Territo-

ry, and regulating the authentication of Statutes and the taking

effect thereof..

615

122,

relating to the authentication of Statutes, Records, Office Pa-

pers, &c.......

618

123.

to prevent the destruction of Stock by contagious diseases. 621

124.

concerning lost Goods and Estrays....

683

125.

to regulate the taking up and posting of Strays....

626

126,

providing for raising of a Tax in Pottawattamie county..... 629

127.

providing for the appointment of a Territorial Treasurer, and

providing for the duties of his office....

631

128.

to prevent certain Trespasses..

129.

to punish trespasses on School Lands

634

130.

relating to Townships and Township Officers.

635

131.

regulating Wills ......

646

RESOLUTION No. 1. Preamble and Joint Resolution in regard to holding the rernainder

of the Session at Lawrence. ......

649

2. Joint Resolution asking an additional of twenty days to the pres-

ent Session of the Legislative Assembly of Kansas Territory.... 650

3. Joint Resolution requesting Congress to attach that portion of Ne-

braska Territory south of Platte river to Kansas Territory.... 650

1

4. Joint Resolution requesting the Governor to issue a Proclamation, 652

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AUTHENTICATION.

I, HCGII S. WALSII, Secretary of the Territory of Kansas, do hereby certify tha: the printed Acts contained in this volume, are true copies of the enrolled laws on file in my office, which were passed at the session of the Legislative Assembly of said Territory, held in the months of January and February, A. D. 1859, with the exception of the correction of clerical errors.

Given under my hand and the great seal of the Territory, at Lecompton, this 1st day of June, A. D. 1859.

HUGH S. WALSH.

SEAL

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GENERAL LAWS.

CHAPTER 1.

death of party

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AN ACT authorizing Actions to be brought in certain Cases.
Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

Section 1. That whenever the death of a person shall be action to survive caused by wrongful act, neglect or default, and the act, neglect or default is such as could, [if death had not.ensued,] have entitled the party injured, to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as ancunt, in law, to murder in the first or second degree, or manslaughter.

Sec. 2. Every such action shall be brought by and in the Brought denimo name of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow, if there be one, and next of kin of such deceased person, and shall be distributed to such widow and next of kin, in the proportion provided by law in relation to the distribution of personal estate left by persons dying intestate; and in every such action the jury may give such damages as they may deem fair and just, not exceeding ten thousand dollars: Provided, That every such action shall be commenced commenced in within two years after the death of such deceased person.

SEO. 3. This Act shall take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of the House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 8, 1859.
S. MEDARY,

Governor.

two years.

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AN ACT respecting Executors and Administrators, of their appointment

and removal from office.

Letters testamentary and of

,

Where letters are to be granted.

866-10

Proceedings entrusted to probate court, where to be had.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. The probate courts, and the clerks thereof in vaby whom grantid. cation, shall grant letters testamentary and of administration.

SEO. 2. Letters testamentary, and of administration, shall be granted in the county in which the mansion house or place of abode of the deceased is situated. If he had no mansion house or place of abode at the time of his death, and be possessed of lands, letters shall be granted in the county in which the land, or a part thereof, lies. If the deceased had no mansion house or place of abode, and was not possessed of lands, letters may be granted in the county in which he died, or where the greater part of his estate may.ve. If he died out of the Territory, having no mansion house;.place of abode, or lands in this Territory, such letters may be granted in any county.

SEC 3: All orders, settlements, trials and other proceedings, entrưsted by this Act to the probate court, shall be had or made in the county in which the letters testamentary, or of administra

tion, were granted. Who shall not be

SEC. 4. No judge or clerk of any probate court, in his own county, or his deputy, and no person under twenty-one years of age, or of unsound mind, shall be executor or administrator ; no married woman shall be executrix or administratrix, nor shall the executor of an executor, in consequence thereof, be executor of the first testator.

Sec. 5. Letters of administration shall be granted, first, to the husband or wife, or to those who are entitled to distribution of the estate, or one or more of them, as the court, or clerk in vacation, shall believe will best manage and improve the estate.

Sec. 6. If no such persons apply for such letters within sixty days after the death of the deceased, letters may be granted to any person whom the court, or clerk in vacation, shall consider most suitable.

Seo. 7. The probate court, or clerk thereof in vacation, on to appear doomed application of any person interested, inay issue a citation to the

persons entitled to administration, calling on them to administer,
and if they fail to take out letters within thirty days after the
service of the citation, or if the persons entitied to preference, file

an executor or administrator.

Who entitled to administration, next of kin.

When letters may be granted to other persons.

Citation may be isened to persons entitled, failure

& renunciation.

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