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School lands may be appropriated

by railroad companies.

Moneys arising, how disposed of.

When probate judge interested, must notify the district court.

Proceedings in district court when probate judge interested.

SEC. 64. That, in all cases where any railroad company already incorporated, or that may be hereafter incorporated within this Territory, has located or shall hereafter locate their railroad through any part of reserved sections thirty-six or sixteen, or through any part of sections granted by Congress in lieu of section sixteen, for school purposes, (the same remaining unsold,) or through any town, lot or parcel of ground used for or devoted. to school purposes, said railroad company may appropriate so much of said lands or lots as may be necessary for the purposes aforesaid, in such manner and upon such conditions as are provided by law in other cases, and notice of such appropriation, served on such trustees or school officers, shall have the same force and effect as notice in any other case to the owner of the land appropriated.

SEC. 65. The moneys arising from such appropriations shall be disposed of by such trustees or school officers in such manner as shall be provided by law.

SEC. 66. That in any case wherein the probate judge of any county of this Territory shall be interested, either as a stockholder, director or otherwise, in any corporotion seeking to appropriate private property to its use, it shall be the duty of said probate judge, on the filing of the statement or application provided for by the second section of this act, to certify to the district court of the proper district the fact that he is so interested as aforesaid, and then, and in that case, the proceedings in said district court shall be had and conform, in all respects, so far as applicable, to the several provisions of this act; and all the powers conferred and duties imposed upon the probate judge by the terms of this act, shall devolve upon said district court; and said district court shall have full power to make such orders and direct such proceedings to be had, as may be necessary to do full justice between the parties, according to the true spirit and intent of this act: Provided, That either party shall have the right to appeal from the final judgment of said court, to the supreme court, as in other cases, or to have the proceedings of said district court reviewed on error: Provided, furthermore, That said corporation, seeking to appropriate property as aforesaid, may, on depositing the amount of damages and costs assessed by said district court with the clerk of said court, be entitled to enter into possession of the property sought to be appropriated.

SEC. 67. This act to take effect and be in force from and

after its passage, and all acts and parts of act heretofore passed

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AN ACT requiring the Judge of the Second Judicial District to hold a
Special Term of Court, and for other purposes.

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

SECTION 1. That the judge of said second judicial district shall hold a term of court in Lawrence, in the county of Douglas, commencing on the third Monday in January, A. D. 1859, and said court may adjourn from day to day or from time to time, as the said court may order or direct.

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Any householder

in Territory may

be grand or petit

SEC. 2. That said court shall have general criminal jurisdiction Jurisdiction. over all persons, and over all offenses heretofore or hereafter committed within the counties of Douglas, Johnson, Lykins, Linn and Bourbon, and shall possess all the necessary power to cause persons to be arrested, tried and punished, as required by law. The said court may issue a venire for a grand and petit jury, and any householder in the Territory, without regard to place of residence, may serve on said juries, if other wise qualified, and said juries or either of them, may be discharged and another summoned Jury may be disin its place, as the wants of said court may require, and all indict-moned. ments or presentments found in said court, by said grand jury, shall have the same force and effect as if they had been found in the county where the offense had been committed by a proper court therein.

juror.

charged and a

new one sum

supplied.

SEC. 3. Any vacancy in the grand or petit jury may be sup- Vacancies how plied from bystanders, under the order of court.

SEC. 4. That the marshal of the Territory shall be the mar- Marshal of the shal of said court, and the clerk of the district court clerk therein;

Territory marshal of the court,

Powers and jurisdiction same as if

all one county.

and they shall perform all the duties of those officers and receive the pay as now required by law.

SEC. 5. The powers and jurisdiction of this term of court, in the district were all criminal matters, and for all purposes of trying and punishing the same, and of procuring all necessary witnesses, shall be as full ample and complete as if all said counties composed but one county, and this court was held therein as the regular district

Fine of marshal for neglost.

Daty of clerks of Linn and Bourbon counties.

Governor to employ council.

To be in force one year.

Duty of clerk on expiration of the term.

All laws in conflict repealed.

court.

SEC. 6. If any marshal or acting deputy marshal shall clearly neglect his duty, he shall be fined, not less than one thousand dollars, and may be imprisoned during the existence of the Territerial government, in the discretion of the jury trying the case. SEC. 7. The clerks of Linn and Bourbon counties shall forward all indictments for felonies, now pending in either of said counties, to the clerk of the district court, in Douglas county, and the court herein to be held shall dispose of said indictments as if they had been found in this court.

SEC. 8. The governor shall employ counsel to prosecute in said court, and shall pay them from the contingent fund.

SEC. 9. This act shall be in force from and after its passage, and shall remain in force for the term of one year from that day. SEC. 10. That, at the expiration of the time this act shall be in force, the clerk of this court shall forward all indictments therein pending, to the counties where the offenses were committed, and the courts in such counties shall proceed to try such cases as if they had been found in the respective courts where the offenses were committed.

SEC. 11. All laws in conflict with the provisions of this act are repealed, as far as it may be necessary to repeal the same to This act not to be give this act full force and effect, and this act shall not be repealed by the present Legislature, by implication or construction, but may be by direct legislation.

repealed by im

plication or construction.

Expenses to be

paid by the counties.

SEC. 12. That the expenses of all prosecutions under this act shall be paid by the county or counties in which the crimes have been committed, unless collected from the criminal after conviction, or from the United States.

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

President of the Council.

Approved, January 15, 1859.

S. MEDARY,

Governor.

CHAPTER XXXVIII.

AN ACT supplemental to an act entitled "An Act requiring the Judge of the Second Judicial District to hold a special term of Court, and for other purposes," passed at the present session of the Legislative Assembly.

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

included in the

SECTION 1. That the jurisdiction of the district court, at the Jefferson county special term provided for by the act to which this is supplemen- district. tal, be and the same is hereby extended to crimes committed within the county of Jefferson, in the Territory of Kansas, and that the costs of all prosecutions for such crimes shall be paid in the same manner as is provided with reference to prosecutions for crimes committed in the counties mentioned in said act. SEC. 2. This act shall take effect and be in force from and after its passage.

A. LARZALERE,

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

President of the Council.

Approved February 1, 1859.

S. MEDARY, Governor.

CHAPTER XXXIX.

AN ACT repealing an act entitled "An Act requiring the Judge of the Second
Judicial District to hold a special term, and for other purposes."

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

supplement re

SECTION 1. That the act entitled "An act requiring the judge of Original ast and the second judicial district to hold a special term, and for other pealed. purposes," together with an act supplemental and amendatory thereto, be and the same is hereby repealed.

SEC. 2. That this act shall take effect and be in force imme

diately.

A. LARZALERE,

Speaker of the House of Representatives.

C. W. BABCOCK,

President of the Council.

Approved February 11, 1859.
S. MEDARY, Governor.

186 0.1 32-12 2

First district.

Fecond district.

Third district.

Counties attached

Time of com

mencement of the

the first district.

CHAPTER XL.

AN ACT defining the Judicial Districts of the Territory and fixing the times and places of holding Courts therein.

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

SECTION 1. The counties of Leavenworth, Jefferson, Atchison, Doniphan, Brown, Nemaha, Marshall, Calhoun and Washington shall compose the first judicial district, and the Hon. Samuel D. Lecompte is assigned thereto.

SEC. 2. The counties of Douglas, Shawnee, Weller, Madison, Breckenridge, Richardson, Pottawattamie, Riley, Clay, Chase, Coffey, Dickinson, Davis, Wise, Butler, Hunter, Godfrey and Greenwood shall compose the second judicial district, and the Hon. Rush Elmore is assigned thereto.

Sac. 3. The counties of Wyandott, Johnson, Lykins, Linn, Bourbon, McGee, Dorn, Allen, Anderson, Franklin, Woodson and Wilson shall compose the third judicial district, and the Hon. Joseph Williams is assigned thereto.

SEO. 4. The county of Washington is attached to the county of Marshall; the counties of Pottawattamie, Clay, Dickinson and Davis, and all the country lying west of the sixth principal meridian in this Territory are attached to the county of Riley; the counties of Wise, Chase, Butler, Hunter, and all the country lying west of those counties and east of the sixth principal meridian, and not included within the county of Dickinson, are attached to the county of Breckenridge; the counties of Godfrey and Greenwood are attached to the county of Coffey; the county of Weller is attached to the county of Shawnce; the counties of McGee and Dorn are attached to the county of Bourbon; and the county of Woodson to the county of Coffey; and the county of Wilson to the county of Allen, for judicial purposes.

SEC. 5. The district courts of the first judicial district shall district courts in commence in each year as follows: In the county of Atchison, on the first Monday of March and September; in the county of Doniphan, on the second Monday of March and September; in the county of Brown, on the third Monday of March and September; in the county of Nemaha, on the fourth Monday of March and September; in the county of Marshall, on the first Monday after the fourth Monday in March and September; in the county of Calhoun, on the second Monday after the fourth

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