Soc. 18. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 11, 1859.
S. MEDARY,

Governor.

CHAPTER XXXIII.

AN ACT regulating Contracts and Promises.

heirs, &c.

brought against one or more.

)

Be it enacted by the Governor and Legislative Assembly of

the Terrilory of Kansas :

Section 1. All contracts which, by the common law, are joint of contracts. only, shall be construed to be joint and several.

Sec. 2. In case of the death of one or more of the joint obli- Survivos against gors or promisors, the joint debt or contract shall and may survive against the heirs, executors and administrators of the deceased obligor or promisor, as well as against the survivors.

SEC. 3. When all the obligors or promisors shall die, the debt samo. or contract shall survive against the heirs, executors and administrators of all the deceased joint obligors and promisors.

Sec. 4. In all cases of joint obligations and joint assumptions Suits may be of co-partners or others, suits may be brought and prosecuted against any one or more of those who are so liable.

Seo. 5. The use of private seals in written contracts (except private seals the seils of corporations) is hereby abolished, and the addition of a private seal to an instrument of writing shall not affect its character in any respect.

Sec. 6. All contracts in writing hereafter made and signed by Efect of written the party to the bond, or his authorized agent or attorney, shall import a consideration.

Sej. 7. The want or the failure, in the whole or in part, of the Failure of convidconsideration of a written contract, may be shown as a defense, feise. total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent and bona fide holder.

a

Surety may roquire principal to bo sued.

Surety discharged it oreditor refuse.

Security by surety for costs.

Sec. 8. When any person, bound as surety for another for the payment of money, or the performance of any other contract in writing, apprehends that his principal is about to become insol'vent or to remove permanently from the Territory, without discharging the contract, if a right of action has accrued on the contract, he may, by writing, require the creditor to sue upon the same, or to permit the surety to commence suit in such creditor's name and at the surety's cost.

Sec. 9. If the creditor refuse to bring suit, or neglect so to do for ten days after the request, and does not permit the surety so to do, and furnish him with a true copy of the contract or other writing therefor, and enable him to have the use of the original, when requisite in such suit, the surety shall be discharged.

Sec. 10. When the surety commences such suit, he shall file his undertaking to pay such costs as may be adjudged against the creditor, and the suit shall be brought against all the obligors; but those joining in the request to the creditor, shall make no defense to the action, but may be heard on the assessment of the damages.

Sec. 11. The provisions of this chapter extend to the executor of a deccased surety, and to the executor, indorsee and assignee of the creditors, but they do not extend to the official bonds of public officers, executors or guardians.

A. LARZALERE,
Speaker of the House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 9, 1859.
S. MEDARY,

Governor.

To whom the provisions extend.

CHAPTER XXXIV.

AN ACT making valid Contracts for the sale of improvements on Public

Lands.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. All contracts, promises, assumpsits or undertakpublic lands may

ings, either written or verbal, made in good faith and without

Contracts for improvements on

quit im

fraud, collusion or circumvention, for the sale or purchase of improvements made on the lands owned by the government of the United States, shall be deemed valid in law and equity, and may be sued for and recovered, as in other contracts.

Sec. 2. Deeds of quit claim and other conveyance of improve- Deeds of satt ments upon public lands, shall be as binding and effectual in law provements, valand equity, between the parties, for conveying the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises conveyed.

Suc. 3. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council. Approved February 9, 1859.

S. MEDARY, Governor.

CHAPTER XXXV.

AN ACT respecting Convicts.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

Section 1. Every keeper of a jail or other public prison, with- Jaller required to in this Territory, is hereby required to cause all convicts who work, may be confined in the prison of which he is the keeper, under sentence of confinement and hard labor, to work either on the streets, roads, public buildings or other public works of the Territory, or on some public works of the county in which such convicts may be imprisoned, or on private works, as hereinafter specified; or, if there be no public works of the Territory on which to employ such convicts, or if the county wherein such convicts may be confined have no public works on which to employ such convicts, then such convicts may be employed on the public works of any other county in the Territory, where there may be work to employ such convicts; or such convicts may be employed on the public works of any incorporate town or city within this Territory, either in the county in which such convicts may be confined, or in some other county in the Territory.

Who deemed convicts under this Act.

SEC. 2. Every person who may be sentenced by any court of compeient jurisdiction, under any law in force within this Territory, to punishment by confinement and hard labor, shall be deemed a convict, and shall inmediately, under the charge of the keeper of such jail or public prison, or under the charge of such porson as the keeper of such jail or public prison may select, may be put

to hard labor, as in the first section of this act specified, and How convicts so- such keeper or other person, having charge of such convict, shall

cause such convict, while engaged at such labor, to be securely
confined by a chain six feet in length, of not less than four-six-
teenths nor more than three-cighths of an inch links, with a
round ball of iron, of not less than four nor more than six inches
in diameter, attached, which chain shall be securely fastened to
the ankle of such convict with a strong lock and key, and such
keeper or persons, having charge of such convict, may, if nec-
essary, confine such convict, while so engaged at hard labor, by
other chains or other means in his discretion, so as to keep such
convict secure and prevent his escape; and when there shall be
two or more convicts under the charge of such keeper or other
persons, such convicts shall be fastence together by strong chains
with strong locks and keys, during the time such convicts shall
be engaged in hard labor, without the walls of any jail or prison.

Sev. 3. Whenever any convict shall be employed at labor for
any incorporate town or city, or any county, such town, city or
county shall pay into the county treasury the sum of fifty cents
for each convict, for every day such convict shall be engaged at
such labor; and whenever such convict shall be employed upon
private hiring at labor, it shall be at such price, each, per day,
as may be agreed upon with such keeper or other person having
charge of such, and the proceeds of said labor shall be collected
by such keeper and put into the county treasury.

Sec. 4. All convicts sentenced to confinement and hard labor
Use of county jail shall, at night, and at all other times when not employed at la-

bor, be closely confined either in some jail or prison; and every
county jail or other public prison in this Territory, shall be free
for the use of any keeper or other person having charge of such
convicts, for the confinement of such convicts; and the said
keeper or other person having charge of such convicts, shall see
that such convicts are securely kept, and may, in his discretion,
release such convicts from their chains while closely confined in
prison, provided a due precaution be observed to prevent escape.

Suc. 5. The tribunal transacting county business for each

Price of convict labor,

Convicts to be confined at night.

free charge.

to provide for

physician ter or priest.

itentiary

county, shall have a care over the security of all jails within their county tribunal separate counties, and shall provide each jail with a sufficiency of convicts. blankets to secure the comfort of all persons or convicts confined therein, and shall furnish each jail with one bible for each prisoner or convict so confined.

Sec. 6. The keeper of every jail or public prison shall, when- pantercito, culmine ever it may become necessary, secure the services of a physician for any prisoner or convict under his charge, and shall, at the request of any prisoner or conviệt, at any time, request the allowance of a minister or priest.

Sec. 7. So soon as a penitentiary shall have been crected in To ho sent to perthis Territory, all convicts who may be confined under the provisions of this act, shall, under the order of the district court of each county in which said convicts may be confined, be placed in charge of the keeper of such penitentiary, under and by virtue of the laws governing such penitentiary; which order of such district court, entered upon the records thereof, requiring the keeper of the county jail or prison to transfer all convicts under his charge, to the keeper of the penitentiary, certified under the Beal of such, shall be suilicient authority to such keeper of any such jail or prison to give up any such convicts, and to such keeper of the penitentiary to receive the same.

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

A. LARZALERE,
Speaker of House of Representatives,

C. W. BABCOCK,

President of the Council. Approved February 11, 1859.

S. MED RY, Governor.

1063.38 1864186581

CHAPTER XXXVI.

AN ACT to enable the Trustees of Colleges, Academies, Universities and

other Institutions, Societies and Companies, to become bodics corporate.

Be it enacted by the Governor and Legislative Assembly of

the Terrilory of Kansas :

Section 1. That any number of persons, not less than five, designing to establish a college, university or other institution for