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Clerk of court to return lists of jury certificates to clerk of supervisors in ten days,

of record, or before any judge of the same, or before a referee or commissioner, per day, one dollar; for attending in a justice's court, or before any persons authorized to take depositions, seventy-five cents ; for traveling to and from the place of attendance, each mile, five cents ; every witness attending before the grand jurors of any court of record, shall be paid one dollar per day whilst so attending, and five cents per mile for the distance necessarily traveled in going to and from said court.

Sec. 16. Each grand juror and petit juror, except talesmen, shall be entitled to two dollars per day for each day's attendance in a court of record, and five cents for each mile traveled in going and returning from the place of attendance, to be paid by the county ; each talesman, summoned and acting as a juror in a court of record, shall be entitled to fifty cents for his services in each cause, to be paid by the county ; cach juror, sworn in a justice's court, fifty cents, to be paid by the parties; each juror and witness, sworn before any coroner or justice of the peace, or any inquest taken by him, shall be entitled to one dollar, to be paid by the county.

Sec. 17. Within ten days after the sitting of a court of record, the clerk thereof shall return to the clerk of the board of supervisors a list of the jurors' certificates issued by him, and the amount of each, and to whom issued; he shall, also, within the same time, return to the county treasurer a list of the amount of money received by him as jury fees, and, at the same time, pay over such money to the county treasurer.

Sec. 18. The clerks of courts of record in this Territory shall, here the term costs within thirty days after the close of each term thercof, make out

a complete abstract of all the costs accruing in said court, at such

term, and to whom due, for which the county is liable, verified Connty Attorney under the seal of the court, and present the same to the county

attorney of the county, who shall carefully examine the same and ascertain, as far as possible, whether the services therein mentioned have been performed; and if, after examining said abstract, he shall find it correct, and all the charges therein made

authorized by law, and if not, after correcting it, he shall certify to county board. the same to the board of supervisors of said county for allowance,

whose duty it shall be to allow the same against said county, and order the county warrants issued to the several persons therein mentioned, for the several amounts due them, as therein stated.

Sec. 19. The fees of each oflicer named in this act shall be deemed due when the services have been performed. Any officer,

Clerks of court to make out an ab

for in thirty days.



Certincate of county attorney

Fees of ofb cere, wben due.

posted up.

be on

require pay



except in criminal cases, may require security for his fees, before he shall be required to perform any service for which fees are allowed, but no officer shall be allowed to demand any fees until they are due.

Sec. 20. Each officer herein named shall cause a list of his officers to keep fees to be posted in his office, under a penalty of three dollars for each day he shall neglect.

Sec. 21. No officer serving any process shall be entitled to any amount of focs to fees for the same, unless he return on such process the amount of process. his fees and the items thereof.

SEC. 22. No witness subpænaed in any civil action shall be witnessos may compelled to attend, unless his fees for one day's attendance are paid or tendered him at the time he was subpoenaed.

Sec. 23. All fees and sums herein required to be paid by Taxation of foon. either party, in any civil action or proceeding, shall be taxed and collected from the party adjudged to pay the costs.

SEC. 24. All fees and sums paid by either party, for the fees Amhdavit of payof witnesses and other necessary expenses in such action or proceeding, shall be proved by the affidavit of the party, or some person knowing the same to have been paid.

Sec. 25. That it shall be the duty of every justice of the peace Justice to taste to tax the costs upon every criminal examination or trial before him, in which the county is liable, and certify the same to the county board of supervisors.

Sec. 26. In every case in which a jury shall be called and Jury does to be sworn in a court of record, a jury fee shall be charged for the counted how tezuse of the county, to be collected as other costs, as follows: If the sum or value of the property or thing in controversy does not exceed five hundred dollars, the sum of five dollars; if the sum or value of the property or thing in controversy exceeds one thousand dollars, and does not exceed two thousand dollars, the sum of fifteen dollars; in all other cases, the sum of twenty dollars ; in all criminal cases, in which a jury shall be called and

; sworn and the defendant or prosecutor shall be adjudged to pay the costs, the sum of five dollars.

Sec. 27. Any clerk, probate judge or justice of the peace may Feedlo bosted as issue fee bills, and they shall have all the force and effect of an execution,


charged for use of


bills issued a executions

Sec. 28. 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 11, 1859.



AN ACT Regulating Ferries.

Yot to be kept without license.

Application for licenso, how made &o.


Tas not less than ton dollars,

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. No person shall keep a ferry, so as to demand pay thereat, without a license.

SEC. 2. Any person may petition the tribunal transacting county business of the county for license to keep a ferry, and if said tribunal believes such ferry necessary for the accommodation of the public, and that the petitioner is a suitable person to keep the same, it shall order the clerk to issue a license upon the payment of the tax assessed in such order : Provided, That license shall not be granted to any ferry within the limits granted to any other ferry, previously, by legislative enactment.

Sec. 3. Such tax shall not be less than ten dollars nor more than five hundred dollars, to be paid to the use of the county.

Sec. 4. Upon the production of the receipt of the county treasurer for the tax to such clerk, he shall issue a license to keep a ferry at the place therein mentioned for one year.

Sec. 5. Before the delivery of the license, such person shall give bond to the Territory, with sufficient security, approved by such clerk, in such sum as the said tribunal shall order, conditioned for the faithful performance of the duties required by law at such ferry, which bond shall be filed in the office of such clerk.

Sec. 6. The tribunal aforesaid shall fix the rate of ferriage at exed by tribunal.

each ferry, and may at any time alter the same, having regard to the breadth and situation of the stream and publicity of the

License to issue,


Bond to be giren; conditions,

Estos of ferriaga



ferry. No change in the rates of ferriage shall go into effect during the continuance of any license.

Seo. 7. The clerk of the tribunal aforesaid, in vacation, may License prantod grant ferry licenses, assess the tax and fix the rates for the same, and exercise all the powers of said tribunal touching the same.

Sec. 8. Such license shall continue until the end of the next Continue, how term of said tribunal, and the tax shall be assessed in proportion

to the time for which the license is granted; and in all other re. spects the clerk and county treasurer shall proceed as upon licenses granted by the said tribunal.

Sec. 9. Every ferryman shall keep at his ferry a good boat or Good boats to be boats, in good repair, suitable to the wants, and sufficient hands to attend, on all occasions.

Sec. 10. Every ferryman failing to give such due attention, Penalty for nego shall, for every offense, forfeit five dollars ; and for failure to keep each boat in good repair, shall forfeit thirty dollars to the county where the ferry is situated, and he shall be liable for all damages that any person may sustain thereby, to be recovered by action in any court having jurisdiction.

Sec. 11. Every ferryman shall keep a list of the legal rates of Rates to be put up ferriage, printed or written in a legible hand, constantly posted up at some public place at the ferry or ferry house.

Sec. 12. If any ferryman fail to comply with the provisions Penalty for failof the preceding sections, he shall, for every such offense, forfeit not less than ten dollars to the county.

Sco. 13. If any person demand or receive pay for services as penalty for koep: ferryman without a license, he shall forfeit to the county twenty dollars for every day he shall keep such ferry, or be imprisoned, not less than ten days nor more than thirty days, or be punished by both such fine and imprisonment, to be recovered by indict'ment in the court of the proper county.

SEO. 14. Such ferries shall be further liable in an action at Liable to action. law for all damages that may accrue to the person licensed to keep such ferry.

Sec. 15. Any penalties imposed by this act may be recovera- Penalties how reble before any court having jurisdiction, in the name of the county.

Sec. 16. Upon the failure of any ferryman to perform any sulton bonds duty required by this act, the county attorney shall commence stituted. and prosecute an action on the bond given by the ferryman, and the recovery of any penalty shall be no bar to any action on such bond.


ing ferry without license.

when how in


Licens may be revoked.

Lieense may be eranted frco frum tai.

Tribunal to fix rates, &c. License

Tenalties on magters of boats for



Sec. 17. Every ofense under this act shall be prosecuted within one year.

Sec. 18. If any ferryman fail to perform his duties, the said tribunal may at any time revoke his license.

Suc. 19. If any such tribunal believes that any ferry in the county is so little used as not to justify the payment of license, they may, in their discretion, give to the keeper of such ferry a license without the payment of any tax.

Sec. 20. Such tribunal shall take bond and fix the rates as in. not granted, when other ferries, and no ferry shall be licensed on the same side of

the river, and in the same county, within one mile of any ferry that shall there be already licensed.

Sec. 21. If the master or commander of any steamboat shall the rights or let land at the platform or known landing place of any public ferry,

and shall intentionally obstruct the passage of any ferry boat, or moor or unload against, over or upon the same, without the consent of the owner of such ferry, such master or owner of such steamboat shall forfeit and pay to the legal possessor of such ferry landing fifty dollars for each oifense, to be recovered by action of debt before a justice of the peace, and shall be liable to an action for damages, to be recovered before any court having competent jurisdiction.

SEC. 22. Persons who have heretofore or may hereafter obtain from the Legislature the privilege of keeping a ferry, shall pay annually to the clerk of the tribunal transacting county business such tax as said county tribunal may impose, not less than ten dollars nor more than five hundred, for the use of the county, and shall be subject to the same regulations as other ferries, and liable to the same penalties.

SEC. 23. This act to take effect and be in force from and after the first day of Jure next.

Speaker of the House of Representatives.


President of the Council.
Approved February 8, 1859.


Tax imposed by tribanal to be paid annually.

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