Слике страница
PDF
ePub

mencement of the

dis

trict.

Tiencement of district

Monday in March and September ; in the county of Jefferson, on the third Monday after the fourth Monday in March and September; and in the county of Leavenworth on the first Monday of February, May, August and December.

Sec. 6. The district courts in the second judicial district shall Time of com. commence in each year as follows: In the county of Coffey, on distrieren urteetan the first Monday of March and September; in the county of Madison, on the second Monday of March and September; in the county of Breckenridge, on the third Monday of March and September ; in the county of Richardson, on the fourth Monday of March and September; in the county of Riley, on the first Monday after tlie fourth Monday in March and September; in the county of Shawnee, on the second Monday after the fourth Monday in March and September; and in the county of Douglas, on the third Monday after the fourth Monday in March and September.

Sco. 7. The district courts in the third ju licial district shall Time of common commence in cach year as follows: In the county of Franklin, the third district. on the third Monday of April and September; in the county of Anderson, on the fourth Monday of April and September; in the county of Allen, on the first londay after the fourth Monday of April and September; in the county of Bourbon, on the second Monday after the fourth Monday in April and September; in the county of Linn, on the third Monday after the fourth Monday in April and September ; in the county of Lykins, on the fourth Monday after the fourth Monday in April and September ; in the county of Johnson, on the fifth Vonday after the fourth Monday in April and September; and in the county of Wyandott, on the sixth Monday after the fourth Monday in April and September.

Sec. 3. The judges of the district court shall have power to Special terme. hold such special and adjourned terms, in any county in their respective districts, as may be necessary.

Sec. 9. Where a county is attached to another for judicial pur- Jurisdiotion when poses, the jurisdiction of the county to which it is attached shall tached. te the same as if it formed part thereof, unless the county attached has an organization and oficers of its own, and in that case, the jurisdiction of the county to which it is attached shall only extend to such matters as are cognizable by the district court.

Sec. 10. The district court for each conaty shall be held at Court to be held the county seat thereof.

counties are al

at county seat.

SEO. 8. This act to take effect and be in force from and after its passage.

A. LARZALERE,
Speaker of House of Representatives.

O. W. BABCOCK,

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

Governor.

CHAPTER XLI.

AN ACT for the Relief of Suitors in Probate Courts.

Civil suite, except in relation to e3

to district court.

Clerk of probato court to hand all papers over to clork of district court.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansd's :

Section 1. That all judgments, suits and proceedings, heretota tale tren sbored fore had in any probate court in this Territory, other than such

as relate to wills, administrations, guardianships and other proceedings usually under jurisdiction of probate courts, are hereby transferred to the district court.

Sec. 2. It shall be the duty of the clerk of the probate court of cach county to deliver to the clerk of such district court, as soon as practicable, (and immediately, in regard to any particular case, upon demand of either party interested,) all papers, records, dockets and entries, on file or recorded in his office, relating to any such judgments, suits or proceedings hereby transferred : Provided, That, in counties where the clerks have usually recorded proceedings in ordinary civil cases in the same books with proceedings relating to probate business, a certified transcript of the records and proceedings hereby transferred shall be a sufficient compliance with the provisions of this act.

Sec. 3. All suits and proceedings, pending and unfinished, in said probate courts, [which] shall be so transferred to the district conrt of any county, shall take their place upon the records of such district court, and have the same force and effect, in all respects, and be prosecuted to a final termination, as if such judgments, suits and proceedings had been originally commenced and judgment rendered in such district court; and the same proceedings shall be had in aid or execution of judgments, or for deter

a

Suits to be prosecuted to final termination.

to

how takon.

mining the objects of such proceedings, as are now authorized by law in regard to suits and proceedings pending in such district courts.

Sec. 4. The clerks of the probate and district courts shall be Fees of clerko. allowed, for the special services enjoined by this act, the fees allowed by law, to be taxed and collected as other costs.

Sec. 5. All appeals from justices' courts which are required Appeals from jusby law to be taken to the probate court, shall hereafter be taken courte bereafter, to and filed in the district court; and the undertaking for any such appeal shall be of the same validity as if the appeal had been filed in the probate court.

Sec. 6. This section shall also apply to recognizance in bas- Recognizanco. tardy and other criminal cases.

Sec. 7. The fees of all officers, in actions in the probate court, issued by district shall be valid, and fee bills may be issued therefor, by the clerk of probate clerk. of the district court, at the instance of the officer to whom they are due.

SEC. 8. This act to take effect and be in force from and after its passage.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

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

Governor.

Fee may be

Repeaud

y 860.43

H3

CHAPTER XLII.

AN ACT relating to Counties and County Officers.

body corporate and politic, with powers, etc.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That each organized county within this Territory Been county shall be a body corporate and politic, and as such shall be empowered for the following purposes : First, To sue and be sued : Second, To purchase and hold real and personal estate, for the use of the county, and lands sold for taxes, as provided by law: Third, To sell and convey any real or personal estate owned by the county, and make such order respecting the same as may be

[ocr errors]

Property.

Powers exercised wbo by.

[ocr errors]

Shall provide caunty buildings.

style of guits at Isw.

[ocr errors]

deemed conducive to the interests of the inhabitants : Fourth, To make all contracts and do all other acts, in relation to the property and concerns of the county, necessary to the exercise of its corporate or administrative powers : Fifth, To cxercise such other and further powers as may be specially conferred by law.

SEC. 2. Any real and personal estate heretofore or which may be hereafter conveyed to any county, shall be deemed the property of such county.

Sec. 3. The powers of a county, as a body politic and corporate, shall be exercised by the board of county supervisors therefor, or in pursuance of a resolution by them adopted.

Sec. 4. Each county, organized for judicial purposes, shall, at its own expense, provide a suitable court house, and a suitable and sufficient jail, and fire proof offices, and other necessary county buildings, and keep the same in repair.

Sec. 5. In all suits or proceedings, by or against a county, the name in which the county shall sue or be sued shall be the “ Board of County Supervisors of the County of

(the name of the county ;) but this provision shall not prevent county officers, when authorized by law, from suing in their name of office, for the benefit of the county.

SEC. 6. In all legal proceedings against the county, process shall be served on the clerk of the board of supervisors; and whenever such suit or proceeding shall be commenced, it shall be the duty of the clerk forth with to notify the county attorney thereof, and to lay before the board of supervisors, at their next meitig, all the information he may have in regard to such suit s, proceeding:

Svo) 1. 0 the trial of any suit in which a county may be interested, the inhabitants of such county shall be competent witnesses and jurors, if otherwise competent and qualified according to law.

Sec. 8. When a judgment shall be recorded against the board ponty tax toto of supervisors of any county, or against any county officer, in an

action prosecuted by or against him, in his name of office, where the same should be paid by the county, no execution shall issue upon said judgment, but the same shall be levied and collected

by tax, as other county charges, and, when so collected, shall be Judgment paid by paid by the county treasurer to the person to whom the same

shall be adjudged, upon the delivery of a proper voucher therefor: Provided, That execution may issue on said judgment, if payment be not made within sixty days after the time required

Process against county-who served on.

Who may be witaesses.

When judgment rendered against

levied for its payment.

[ocr errors]

treasurer,
tax collected.

Execution rusy issue, when,

ty board,

county board.

for the payment of county taxes to the county treasurer, by the proper officers of said county in each year.

SEC. 9. The county board of supervisors shall consist of one County board. supervisor from each township, and a majority of the supervisors shall constitute a quorum for the transaction of business; but, whenever a county shall consist of only one township, the board of supervisors of such township shall constitute the board of supervisors for such county, and shall exercise and perform all the powers and duties of the county board of supervisors.

Sec. 10. The county board of supervisors shall meet on the Meetings of connsecond Monday next succeeding the annual township meetings, and on the Monday next succeeding the general election in each year, (which shall be the annual session,) at the county seat, if there be one in their respective counties, for the transaction of county business: Provided, That, when the population of any county shall exceed ten thousand, the county board may also meet on the second Monday of February and July, in each year.

Sec. 11. A special meeting of the county board of supervisors Special motinas of any county shall be held only when requested by a majority of the members thereof, which request shall be in writing, addressed to the clerk of the board, and specify the time and place of such meeting ; and, upon receiving such request, the clerk shall immediately transmit a notice, in writing, of such meeting, to each of the members of the board.

Sec. 12. The said supervisors shall not be entitled to receive Number of days any pay or compensation for more than six days at the session Board of county succeeding the annual township meetings, nor more than twelve days at the session succeeding the general election, nor shall they receive any compensation whatever for attendance at any special meeting. In those counties having a population exceeding ten thousand, in which sessions of the board shall be held on the second Mondays of February and July, the supervisors shall not be entitled to receive any compensation for more than six days at each of said sessions.

Sac. 13. Each member of the county board of supervisors per diem and shall be allowed and paid by the county a compensation, for his services and expenses in attending the meetings of the board, at the rate of two dollars per day, for the time he shall actually attend, as hereintofore limited and prescribed, and six cents for each mile traveled in going to and returning from the place of meeting.

Sec. 14. The board of supervisors of each county shall have powers and duties power, at any meeting : First, To make such orders concerning board.

and ses

[ocr errors]

mileage

of the

,

« ПретходнаНастави »