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1860-12 CHAPTER LXX.

12 AN ACT to prevent the firing of Woods, Marshes and Prairies.

/ SC3.. Be it enacted by the Governor and Legislalive Assembly of

the Terrilory of Kansas :

SECTION 1. If any person shall willfully set on fire any woods, Penalty for fring marshes or prairies, so as thereby to occasion any damage to any other person, such person shall pay a sum, not exceeding three hundred dollars nor less than fifty dollars, which said fine shall be to the use of the county in which the offense is committed.

Sec. 2. If any person shall willfully set on fire any woods, Penalty for willmarshes or prairies, such person shall be fined in any sum, not exceeding one hundred dollars.

SEO. 3. If any person shall willfully set on fire any woods, ngable for dammarshes or prairies, so as thereby to occasion any damage to any other

person shall make satisfaction for such damage to the party injured, to be recovered in an action.

Sec. 4. This act shall not extend to any person setting on fire Firing on his owa anything on his own farm, as often as occasion may require, if done without intention to set on fire the adjacent woods, marshes or prairies, not occupied by such person.

Sec. 5. Nothing herein contained shall be so construed as to Pirlagagainst Ire prevent any person from firing against fire, so as to protect his or her property from being destroyed.

Sec. 6. 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.

person, such

farm

CHAPTER LXXI.

AN ACT for the prevention of Frauds and Perjuries.

Deeds of trust for own use, void.

Papers made with fraudulent intent void.

Goods loaned for five years, property of ,

in writing and recorded.

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Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That all gifts and conveyances of goods and chattels, made in trust to the use of the person or persons making the same, shall be and hereby are declared to be void and of no effect.

Sec. 2. Every gift, grant or conveyance of lands, tenements, hereditamonts, rents, goods or chattels, and every bond, julgment or execution, made or obtained with intent to defraud creditors of their just and lawful debts or damages, or to defraud, or to deceive the person or persons, who shall purchase such lands, tenements, hereditaments, rents, goods or chattels, shall be deemed utterly void and of no effect.

Sec. 3. Where any loan of goods and chattels shall be preinted preservation tended to have been made to any person with whom (or those

claiming under him) possession shall have remained for the space of five years, such goods and chattels, shall be deemed the property of the person having had such possession, unless a reservation of the right of such goods and chattels shall have been made to the lender, in writing, and such writing shall have been recorded within six months from the time of making such loan, in the register's oflice for the county, where one or both of the parties shall then have resided.

Sec. 4. No leases, estates or interests, either of freehold or term of years, or any uncertain interest of, in or out of lands, tenements or hereditaments, exceeding ten years in duration, shall at any time hereafter be assigned or granted, unless it be by deed or note, in writing, signed by the party so assigning or granting the same, or their agents thereuuto lawfully authorized, by writing, or by act and operation of law.

Sec. 5. No action shall be brought, whereby to charge the deBalansen fendant, upon any special promise, to answer for the debt,

default or miscarriage of another person, or to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or to charge any person, upon any agreement made upon consideration of marriage, or upon any contract, or sale of lands, tonements or hereditaments, or any interest in, or concerning them, or upon any agreement, that is not

Lenses not longer than ten years.

Actions not to bo brought upon ver

agreement, to

onu year.

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to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged there with, or some other person thereunto, by him or her lawfully authorized.

Sec. 6. 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 LXXII.

AN ACT to prevent the mutilation or alteration of Acts and Bills.

of

lature or acta signed by

Be it enacted by the Governor and Legislative Assembly of

the Terrilory of Kansas :

SECTION 1. If any person shall mutilate, alter or change, in Wutilation or a. any manner whatsoever, otherwise than in the regular course of before dhe larginlegislation, any act, bill or resolution, introduced into or acted Ormade" selong. upon by either or both houses of the Legislative Assembly of this Territory, or after any such act, bill or resolution has been signed by the Governor, shall be deemed guilty of a felony, and, upon conviction, shall be punished by confinement and hard labor

Penalty. for a period, not less than one year or more than ten years.

SEO. 2. This act shall tako 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.

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AN ACT relative to Fugitives from Justice from other Territories or

States.

When Governor to issue warrant.

What shall be set forth in the warrant.

Where and how warrant to be executed.

of officer.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. Whenever the executive of any other State or Territory, shall demand of the executive of this Territory any person as a fugitive from justice, and shall have complied with the requisites of the act of Congress in that case made and provided,

it shall be the duty of the executive of this Territory to issue lis To whom directed. warrant, under the seal of the Territory, directed to any sheriff,

coroner or other person whom he may think fit to entrust with the
execution of such warrant.

SEC. 2. The warrant shall authorize the officer or person to
whom it is directed, to arrest the fugitive anywhere within the
limits of this Territory, and convey him to any place therein
named, and shall command all sheriffs, coroners, constables and
other officers to whom the warrant may be shown, to aid and
assist in the execution thereof.

Sec. 3. Every warrant so issued, may be executed in any part

of the Territory, and the officer or person to whom it is directed, Power and duty, shall have the same power to command assistance therein, and in

receiving and conveying to the proper place any person duly ar-
rested by virtue thereof, as sheriffs and other officers by law have
in the execution of civil or criminal process directed to them,
with like penalties on those who refuse their assistance.

Sec. 4. The officer or person executing such warrant may,
when necessary, confine the prisoner arrested by him, in the jail

of any county through which he may pass in conveying such Koeper to receive prisoner to the place commanded in the warrant, and the keeper

of such jail shall receive and safely keep such prisoner, until the
person having him in charge shall be ready to proceed on his route.

SEC. 5. The expenses which may accrue under the foregoing
sections of this act, being first ascertained to the satisfaction of
the executive, shall, on his certificate, be allowed and paid out of
the Territorial treasury.

Sec. 6. When any person, within this Territory, shall be charged, on the oath or affirmation of any credible witness, before any judge or justice of a court of record, or a justice of the peace, with the commission of any crime in any other State or Territory of the United States, and that he fled from justice, it

Prisoner may be vonfined in jail when.

prisoner.

Expenses, how paid.

"Parsons charged on the oath of another, fleeing from another State for erine, warrant to

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shall be lawful for the judge or justice to issue his warrant for the apprehension of the party charged.

Sec. 7. If, upon examination, it shall appear to the judge or when imprisoned justice that the person charged is guilty of the crime alleged, he shall commit him to the jail of the county; or, if the offense is bailable, take bail for his appearance at the next term of the district court in the county.

Sec. 8. The judge or justice shall proceed in the examination Proceedings on in the same manner as is required when a person is brought before such officer charged with an offiense against the laws of this Territory, and shall reduce the examination to writing and make return thereof as in other cases, and shall, also, send a copy of Cory of examinathe examination and proceedings to the governor of this Territo- the Governor. ry, without delay.

Sec. 9. If, in the opinion of the governor, the examination Duty contains sufficient evidence to warrant the finding an indictment, he shall forthwith notify the executive of the State or Territory in which the crime is alleged to have been committed, of the proceedings against the person arrested, and that he will be delivered on demand, without requiring a copy of an indictment to accompany the demand.

Sec. 10. When a demand shall be made for the offender, the difender toobe de governor shall forthwith issue his warrant, under the seal of the Territory, to the sheriff of the county wherein the party charged is committed or bailed, commanding him to surrender the accused to such messenger as shall be therein named, to be conveyed out of the Territory.

Sec. 11. If the accused shall be at large, on bail or otherwise, If on bail, sheria it shall be lawful for the sheriff to arrest him forthwith, anywhere within the Territory, and to surrender him agreeably to the command of the warrant.

Seo. 12. In all cases where the party shall have been admitted District to bail, and shall appear according to the condition of his recog- home nizance, and he shall not have been demanded, the district court may discharge the cognizance or continue it, according to the circumstances of the case, such as distance of the place where the offense is alleged to have been committed, the time since the arrest, the nature of the evidence, and the like.

Sec. 13. In no case shall the party be kept in prison or held the book apt i no to bail beyond the end of the second term of the district court after the arrest; and, if no demand is made for him within that time, he shall be discharged.

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