Слике страница

Forfeiture of estatos abolished.

How disabilites may be removed.

How removed from minor convicts.

Civil actiong declared not merged in a felony.

Sec. 293. No conviction of any person, for any offense whatever, shall work corruption of blood, or any forfeiture of any estate, or any right or interest therein, and all forfeiture, in cases of suicide or death by casualty, or where any person shall flee from justice, are abolished.

Sec. 294. Whenever a person shall be sentenced upon a conviction for any offense, and is thereby, according to the provisions of this act, disqualified to be sworn as a witness or juror in any cause, or to vote at any election, or to hold any office of honor, profit or trust within this Territory, such disabilities may be removed by a pardon by the governor, and not otherwise, except in the case in the next section mentioned.

Sec. 295 If such convict shall have committed the offense while within the age of sixteen years, and such conviction shall be for a first offense, all civil disabilities incurred shall be removed, and his competency restored at the expiration of the term of imprisonment to which he shall have been sentenced.

Sec. 296. In no case shall the right of action of any party, injured by the commission of a felony, be deemed or adjudged to be merged in such felony, but he may recover the amount of damages sustained thereby, in an action to be brought before any court or tribunal of competent jurisdiction.

Sec. 297. Whenever a fine, penalty or forfeiture is or may be inflicted, by any statute of this Territory, for any offense, the same may be recovered by indictment, (except as in the next section is provided,) notwithstanding another or different remedy for the recovery of the same, may be specified in the act imposing the fine, penalty or forfeiture: Provided, That, in all cases, the fine, penalty or forfeiture shall go to the Territory, county, corporation, person or persons to whom the act, imposing the same, declares it shall accrue.

Sec. 298. Assaults and batteries are not indictable, but shall be punished in a summary manner, before a justice of the peace, in conformity to the act defining the jurisdiction and regulating the proceedings of justices' courts in cases of breach of the peace.

Sec. 299. The district courts shall have exclusive original peace, in criminal jurisdiction in all cases of felony, and of all offenses not herein

declared expressly to be cognizable before a justice of the peace, and concurrent jurisdiction with the justices in the cases specially provided for by law.

Sec. 300. The term “felony," when used in this act, or any

Fines, forfeitures &c., how recoverod.

Assanlta and batteries not indiotablo, &c.

Jurisdiction of district court and justices of the

T)faition of the

"", "felony."

[ocr errors]

torm "infamous orime."


"," "offense,"


the term

other statute, shall be construed to mean any offense for which the offender, on conviction, shall be liable, by law, to be punished with death or confinement and hard labor, and no other.

Seo. 301. Whenever the term "infamous crime” is used in Definition of the this or any other statute, it shall be construed as meaning every offense for which the offender, on conviction or sentence, is declared to be disqualified, or rendered incompetent to be a witness or juror, or to vote at any election, or to hold any office of honor, profit or trust, within this Territory.

Sec. 302. The term “misdemeanor," as used in this or any Definition of the other statute, shall be construed as including every offense pun- nor." ishable only by fine, or imprisonment in a county jail, or both.

Sec. 303. The terms “crime," "offense” and “criminal of- Definitions of the fense,” when used in this or any other statute, shall be construed criminatok? to mean any offense, as well misdemeanor as felony, for which any punishment, by imprisonment or fine, or both, may by law be inflicted.

Sec. 304. The term “personal property,” as used in this act, Construction of shall be construed to mean goods, chattels, effects, evidences of al property." right in action, and all written instruments, by which any pecuniary obligation, or any right or title to property, real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged or diminished. Sec. 305. The terms “real property" or "real estate,” as at the term

"real property" used in this act, include every estate, interest and right in lands, tenements and hereditaments.

Sec. 306. The term “property," as used in this act, includes What the term “personal property" and "real property," or "real estate," as defined in the two last sections.

Seo. 307. When the term “person” is used in this act to person. to condesignate the party whose property may be the subject of any offense, such term shall be construed to include the United States, this Territory, or any other Territorial government, State, or country, or county, or any other municipal, public or private corporation, which may lawfully own any property within this Territory, as well as individuals.

SEO. 308. Where any intent to injure, defraud or cheat is re- Persons with required by law to be shown in order to constitute any offense, it won't be defraud, shall be sufficient if such intent be to injure, defraud or cheat the United States, this Territory, or any State or country, or the government, or any public office thereof, or any county, city, town or village, or any corporation, body politic or private individual.



What the torin

strued to mean.

[ocr errors]

spect to whom in


Sec. 309. This act to take effect and be in force from and after the first day of June next.

Speaker of House of Representatives.


President of the Council.
Approved February 3, 1859. .



AN ACT providing for the appointment of Comissioners to take Depositions

in other Territories and States.

Commissioners to be appointed in caoh State.

Tenure of office.

Powers and duties

[ocr errors]

Efect of their acte.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That the governor may appoint, in each of the United States and Territories, and in the District of Columbia, one or more commissioners, to continue in office during the pleasure of the governor for the time being; and every such commissioner shall have power to administer oaths, and to take depositions and affidavits to be used in this Territory, and, also, to take the acknowledgment of deeds, powers of attorney or other instruments, to be recorded in this Territory.

SEC. 2. All oaths administered by the said commissioners, all affidavits and depositions taken by them, and all acknowledge ments aforesaid, certified by them, shall be as effectual in law, to all intents and purposes, as if done and certified by any justice of the peace or other authorized officer within this Territory.

SEC. 3. Before any commissioners, appointed as aforesaid, shall proceed to perform any of the duties of their office, they shall take an subscribe and oath, before any justice of the peace or other officer authorized to administer oaths, in the State or Territory for which such commissioners may be appointed, that

they will faithfully discharge all the duties of their office, which ette wetter- oath shall be filed in the office of the Secretary of this Territory,

within six months after the taking of the same.

To take oath.

Oath filed with secretary of ritory.

SEC. 4. This act to take effect and be in force from and after the first day of June next.

Speaker of the House of Representatives.


President of the Council.
Approved February 7, 1859.



LAWYERS, Sixth and Wyandotte Streets, KANSAS CITY,



AN ACT regulating Conveyances.


[ocr errors]
[ocr errors]



Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. All persons owning lands not held by an adverse who seised. possession, shall be deemed to be seized and possessed of the same.

Sec. 2. The term “heirs ” or other technical words of inher- Heirs not accesitance are not necessary to create and convey an estate in fee simple.

Sec. 3. Every conveyance of real estate passes all the interest What con voyadu. of the grantor therein, unless a contrary intent can be reasonably inferred from the terms used.

SEC. 4. Where a deed purports to convey a greater interest After noquired than the grantor was at the time possessed of, any after acquired interest of such grantor, to the extent of that which the deed purports to convey, enures to the benefit of the grantee.

SEC. 5. Adverse possession of real property does not prevent Advorso posseoany person from selling his interest in the same.

Sec. 6. Estates may be created, to commence at a future day. Estates in future.

Seo. 7. Declarations or creations of trusts or powers, in rela- Trast estates. tion to real estate, must be executed in the same manner as deeds of conveyance; but this provision does not apply to trusts resulting from the operation or construction of law.

Sec. 8. Conveyances to two or more, in their own right, cre- Tenanoy in comate a tenancy in common, unless a contrary intent is expressed.

Sec. 9. A married woman may convey her interest in the same Wivos may conmanner as other




Tenant at will.

Notice to quit.

[ocr errors]

Poesession under mortgage.

To be recorded.

Batoro whom.

Sec. 10. Any person in the possession of real property, with the assent of the owner, is presumed to be a tenant at will, unless the contrary is shown.

Seo. 11. Thirty days' notice in writing is necessary to be given by either party, before he can terminate a tenancy at will; but where, in any case, rent is reserved, payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment. In case of tenants occupying and cultivating farms, the notice must fix the termination of the tenancy to take place on the first day of April.

Sec. 12. In the absence of stipulations to the contrary, the mortgagor of real estate may retain the right of possession thereof; but, in case of personal property, the mortgagee shall hold the legal title and right of possession.

SEC. 13. No instrument affecting real estate is of any validity

Sec against subsequent purchasers for a valuable consideration, without notice, unless recorded in the office of the register of deeds, of the county in which the land lies, or in such other office as is or may be provided by law.

Sec. 14. If acknowledged within the Territory, it must be before some court having a seal, or some judge, justice or clerk thereof, or some justice of the peace, notary public or register of deeds.

Sec. 15. If acknowledged out of the Territory, it must be before some court of record, or clerk or officer holding the seal thereof, or before some commissioner to take the acknowledgment of deeds, appointed by the Governor of this Territory, or before some notary public or justice of the peace. If taken before a justice of the peace, the acknowledgment shall be accompanied by a certificate of his official character, under the hand of the clerk of some court of record, to which the seal of said court shall be affixed.

Sec. 16. The court or person taking the acknowledgment must indorse upon the deed a certificate, setting forth the following particulars : First, The title of the court or person before whom the acknowledgment was taken : Second, That the person making the acknowledgment was personally known to at least one of the judges of the court, or to the officer taking the acknowledgment, to be the identical person whose name is affixed to the deed as grantor, or that such identity was proved by at least one creditable witness (naming him): Third, That such person acknowledged the instrument to be his own voluntary act and deed.

Sec. 17. If the grantor die before acknowledging the deed, or

Out of the Territory.


- bow and

« ПретходнаНастави »