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cord of probale

Seo. 38. The probate judge shall keep a record of all probate Judge to keep rebusiness done by or before him, which record shall be open to the business inspection of all persons without charge, and he shall receive such fees as are by law allowed him for probate business, and Fear and general such compensation, as judge of the probate court, as may be allowed by the board of supervisors, which shall be paid by the county.



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Sec. 39. A county clerk shall be elected in each county of County clerk, this Territory, for the term of two years, and he shall, before he and fled by treasenters upon the duties of his office, execute to and file with the treasurer of the county a bond with two or more securities, in the penal sum of not less than two thousand dollars, to be fixed and approved by the treasurer, with conditions, in substance as follows, to wit: "Whereas, the above bounden, elected to the office of county clerk of the county of the day of -; now, therefore, if the said shall faithfully perform all the duties of his said office, and shall


that may come into this hands as such clerk, as required by law, and shall deliver to his successor in office ail the books, records, papers and other things belonging to his said office, then the above obligation to be void; otherwise, to be and remain in full force. SEC. 40. The county clerk shall be ex officio clerk of the Clerk of the

board of supervis district court in and for his county, clerk of the probate court, triet and probato and clerk of the board of supervisors. Sec. 41. Every such clerk shall appoint a deputy, in writing, Deputy to be ar

pointed in under his hand, and shall file such appointment in his office, and jointment le site dos such deputy, in case of the absence or disability of such clerk, or in case of a vacancy in his office, shall perform all the duties of such clerk during such absence, or until such vacancy shall be filled. Every such clerk may appoint other deputies, and his Clerk's hondamen sureties shall be responsible under his official bond for the acts of deputies. all such deputies.

Sec. 42. If a vacancy in the office of county clerk should Vacancy filed by occur by death, resignation or otherwise, the county board of cording to law. supervisors shall appuint some suitable person to fill such vacancy until a successor shall be elected according to law.

Sec. 43. The county clerk shall keep his office at the county of contri county seat, shall attend the sessions of the district court, the probate coirt and county board of supervisors, either in person or by deputy ; keep the seals, records and papers of said courts and


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county board

Seat. Dutins.

Register of deeds.
Term two years.

by treasurer.


Appointment of deputy Bed and

board of supervisors, and keep the records and proceedings of each of those courts and boards of snpervisors in separate sets of books, as required by law, under the direction of the judge of those courts and board of supervisors, respectively.

REGISTER OF DEEDS. Scc. 44. A register of deeds shall be elected in each county for the term of two years, and who shall, before he enters upon

the duties of his office, execute to the Territory of Kansas, and Bond two thou- file with the treasurer of his county, a bond in the penal sum of proved and filed

two thousand dollars, with two or more sufficient securities, to be approved by such treasurer, with a condition that lie will farthfully, correctly and impartially perform all the duties of his said oflice, and shall deliver to his successor in office all books, records, maps, deeds, mortgages, papers and things belonging to his office, then the said obligation to be void ; otherwise, to be and remain in full force and elect.

SH. 45. The register of deels shall appoint a derasy, who meorded in his ok shall hold his office during the pleasure of the register ; such

appointment shall be in writing, filed and recorded in the office

of such register, and the register so appointing him, and his Securities of ro- securities, shall be responsible for the faithful performance of his

duties by such deputy.

Sec. 46. In case of a vacancy in the office of register of deeds, or his absence or inability to perform the duties of his office, such deputy shall perform the duties of such register during the contimuance of such vacancy, absence or inability.

SEO. 47. The register of deeds shall have the custody of and safely keep and preserve all the books, records, deeds, maps and papers depositel or kept in his ollice; he shall, also, record or cause to be recorded, in a plain and distinct handwriting, in suitable books, to be provided and kept in liis ofice, all douds, mortgages, maps, instruments and writings, authorized by law to be recorded in his office and left with him for that purpose, and shall perform all other duties required of him by law.'

Sec. 48. Every register shall keep a general index, direct and inverted, in his office. The general index direct shall be divided into seven colunins, with heads to the respective columns, as follows, to wit:

Eister liable.

Deputy to act in ease of vacancy.

Duty of register.

Form of index and manner of kveping samo.

Vol.& page

Time of re- Names of Names of Nature of


where re- Remarks ception. grantora. Srantee. instrument


of tract.

He shall make correct entries in such general index of every instrument recorded, concerning or affecting real estate, under the appropriate headings, entering the names of the grantors in an alphabetical form. The general index inverted shall be divided into seven columns, as follows, to wit:

Vol.& page

Time of re- Name of Name of Nature of ception. grantee.

where re- Remarks Descript'n grantor. instrument


of tract.

He shall make in such general index correct entries of every instrument required by law to be entered in the general index direct, entering the names of the grantees in alphabetical order, and whenever any mortgage, bond or other instrument has been released or discharged from record, whether by a written release apon the margin of the record or by recording a deed of release, the register shall immediately note, in both general indexes, under the column healed remarks and opposite the appropriate entry, that such instruinent has been satisfied.

SEC. 49. Ile shall, also, keep a receiving book, each page of form of receivwhich shall be divided into five columns, as follows, to wit:

ing book.

Time of revame of grantor. Name of grantee. livered.

To whom de

Fecs received. ception.

Whenever any instrument has been received by him for record, he shall immediately indorse upon such instrument his certificate noting the day, hour and minute of its reception, the volume and page where recorded, and the fees roceived for recording the same, and the date of record of such instrument shall be from the date of filing. Whenever any instrument has been filed as aforesaid, the register shall immediately make an entry of the same in his receiving book, under the appropriate heading, with the amount paid as fee for recording the same; and, after such Record delfvery. instrument has been recorded, he shall deliver it to the person authorized to receive the same, writing the name of the person to whom it is delivered in the appropriate column.

SEC. 50. Ile shall also keep a large, well bound book, in which Book of plats of shall be platted all maps of towns, villages or additions to the 50s. same, within his county, together with the description, acknowledgment or other writing thereon. He shall keep an index to Indos to samo.


Indox to each vol. vme of records.

such book of plats, which index shall contain the names of the proprietor or proprietors of such town, village or addition, and the name of the town, village or addition. No register of deeds shall be bound to perform any of the duties required to be performed by this act, for which a fee is allowed, unless such fee has been paid or tendered.

Sec. 51. He shall also keep an index to each volume of records kept in his office, showing on one page the names of the grantors, in alphabetical order, and, on the other page, the names of the

grantees, in alphabetical order. Cortified copies of

Sec. 52. Copies of all papers filed in the office of the register ordde prima facie of deeds, and transcripts from the books of records kept therein,

certified by him under the seal of his office, shall be prima facie evidence in all cases.

papers and rec



County attorney, term two years give bond to county clerk for one taousand dollars.

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Duty of county attorney.

Sec. 53. A county attorney shall be clected in each county organized for judicial purposes, who shall hold his office for the term of two years, who shall, before he enters upon the duties of his office, execute a bond, to the county clerk of his county, in the penal sum of one thousand dollars, with two or more sufficient securities, to be approved by the clerk of said board, which bond shall be conditioned for the faithful performance of his duties as such officer, and that he will pay over to the county treasurer, in the manner prescribed by law, all moneys which shall come into his hands by virtue of his office ; and he shall deposit such bond in the office of the county clerk.

Sec. 54. It shall be the duty of the county attorneys to appear in the several courts of their respective counties, and prosecute or defend, on behalf of the people, all suits, applications or motions, civil or criminal, arising under the laws of this Territory, in which the Territory, or their respective county, is a party or interested.

Sec. 55. Each county attorney shall, when requested by any Territory-when. magistrate of his county, appear on behalf of the Territory before

any such magistrate other than those exercising the police jurisdiction of incorporated cities and villages, and prosecute all complaints made in behalf of the Territory, except for common assault and battery, of which such magistrate shall have exclusive jurisdiction; and, upon the like request, shall appear before such magistrate and conduct any criminal examination which


be had before such magistrate, and shall also prosecute and defend Appear for coun

County attorney to prosecute for

Shall conduet oriminal exami. nations.

all civil suits before such magistrate in which the county is a party or interested.

ty in civil cates.

as he


ponsible for their


, &.

of jails and pri

347 Sec. 69. Each sheriff may appoint such and so many deputies may appoint may think

proper, for whose official acts, and those of his diputri but res under sheriffs, he shall be responsible, and may revoke such appointment at his pleasure, and persons may also be deputed by such sheriff or under sheriff, in writing, to do particular acts, and the sheriff and his sureties shall be responsible, in his official bond, for the default or misconduct of his under sheriff and deputies.

Seo. 70. Every appointment of an under sheriff, or of a Appointment and deputy sheriff, and every revocation of such appointment, shall der eherit to be in be in writing, under the hand of the sheriff, and shall be filed in the office of the clerk of the probate Court of the county, but this section shall not extend to any person who may be deputized by any sheriff or under sheriff to a particular act only.

Sec. 71. The sheriff shall have the charge and custody of the sherifi has charge jails of his county, and of the prisoners in the same, and shall sonera. keep them himselï or by his deputy orgailor, for whose acts he and his sureties shall be liable.

Sec. 72. The sheriff, in person or by his under sheriff or dep- shall serve proutics, shall serve and execute, according to law, all processes, writs, precepts and orders issued or made by lawful authority and to him directed, and shall attend upon the several courts of record held in his county.

Sec. 73. It shall be the duty of the sheriffs and of their under Keep the peace, sheriffs and deputies to keep and preserve the peace in their mobs. respective counties, and to quict and suppress all affrays, riots, mobs, unlawful assemblies and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they, and every coroner and constable, may call to their aid such person or power of their county as they may dcem necessary.

SEC. 74. Whenever a new sheriff shall be elected and shall Deliver op castohave [been] qualified, as required by law, the former sheriff shall, nacidos! upon demand, deliver to him the jail and other property of the county, and all prisoners in such jail, and all writs, processes, orders and other papers belonging to such office and in his

possession, or that of his under sheriff or deputies, except as provided in the next succeeding section, and, upon delivery thereof, such new sheriff shall exccute to the former sheriff a receipt therefor.

Sec. 75. Sheriffs, under sheriffs and deputies, may execute and Marroccanto and return all such writs and processes as shall be in their hands at the partially served,

cess and court.

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