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Forleitore of recognizance.

Prosnentor to
five security for
costs.

Costa collected, how.

1

Exeontion to isrue, when.

Sec. 14. When : u recoguizance siz! be forfeited, it shall enure to the benefiofile Territory.

SEO. 15. When a complaint shall be made against any person, as provided by this ült. the judge or justice shull take from the prosecutor a bond to the cleri vided trict Cout, with suficient security to secure the 2 m.'nt of the costs and esponses which may accrue by oecus of the arrest and the tot107 of the party charged, which bod shule certifici anni zeturned, with the examination, to the online of the works of the district court.

Sec. 16. Upon the determination of the proceedings in that court, the clerk may issue fee lills, which shall be served on the priccipal and securities in the lond, by the sheriff, in the saino manner as other fee bills ; for which service, the sheriff shall be allowed the same fees as for serving notices.

Sec. 17. If the costs and charges are not paid on or before the first day of the next term of the district court, nor any cause shown why they should not be paitl, the clerk may issue execution for the same, against the parties on whom the fee bills were served.

SEC. 18. Nothing in the two preceding sections shall be construed to prevent the clerk from instituting suit on such bond, for the recovery of the costs and charges.

Sec. 19. No person shall take or remove any fugitives from this Territory, or do any act towards such removal, unless authorized so to do, pursuant to the provisions of this act, and any person violating the provisions of this section, shall forfeit and pay to the aggrieved party a sun not less than five hundred doilars.

Suo. 20. This act to take efect and be in force froin and after
the first day of Jone next.

A. LANZALERE,
Speaker of House of Represcritaiives.

C. W. BARCOCK,

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

Goernor.

Clerk may sue on bond for recovery of conto 2nd ebargos.

Penalty for removing fugitives,

CHAPTER LXXIV.

sembly OD

January

AN ACT providing for the time of meeting of the General Assembly.
Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That the Legislative Assembly of the Territory of Legislative AsKansas shall meet at the seat of government on the first Mon- fant Monday in day of January, in each year, to hold the regular sessions of baid General Assembly, as contemplated in the organic act.

SEC. 2. All acts and parts of acts heretofore passed on this subject be and the same are hereby repealed.

Sec. 3. This act to take effect and be in force from and after its passage.

A. LARZALERE,
Speaker of House of Represen!alives.

C. W. BABOOCK,

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

Governor.

SHOWBACK BOX

LAWITAS,
Sixth and Wyandoita Street,
KANSAS CITY,

CIIAPTER LXXV.

AN ACT concerning Guardians and Wards.

if fath.

the guardian

pointed by will.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. The father is the natural guardian of the persons Father, anardian of his minor children. If he dies or is incapable of acting, the ordered the inothmother becomes the guardian.

SEJ. 2. The natural and actual guarlian of any [minor) child Ganding may, by will, appoint another guardian for such minor. If, by provato court,

Ly without such will, both parents be dead or disqualifed to act as guardian, the probate court may appoint one.

Sec. 3. Although the parents are living and of sound inind, Probate court yet if the minor has property not derivel from either of them, a marot's intipaguardian must be appointed by the probate court to manage such property.

Furian for

dent property.

Who may be spo pointed.

If over fourteen, may select his OW guardian.

Cuardians must give bond and take oath,

Nust make inventory, to be filed in prü Lato court.

Power of guardians.

SEC. 4. The father, or, in case of his death, absence or incapacity, the mother may be appointed the guardian to take charge of the property of his minor child, if deemed, by the court, a suitable person for that purpose.

Sec. 5. If the minor be over the age of fourteen years and of sound intellect, he may select his own guardian, subject to the approval of the court.

Sec. 6. Guardians appointed to take charge of the property of the minor must give bond, with surety, to be approved by the court, in a penalty double the value of the personal estate, and of the rents and profits of the real estate of the minor, conditioned for the faithful discharge of their duties as such guardians, according to law. They must also take an oath, of the same tenor, as the condition of the bond.

Sec. 7. Within forty days after their appointment, they must make out an inventory of all the property of the minor, which shall be appraised in the same manner as the property of a deceased person. The inventory must be filed in the office of the clerk of the probate court.

SEC. 8. Guardians of the persons of minors have the same

power and control over them that parents would have if living. Duty of guas- Sec. 9. Guardians of the property of minors must prosecute

and defend for their wards. They must, also, in other respects, manage their interests, under the direction of the court; they may thus lease their lands or loan their money during their minority, and may do all other acts which the court may deem for the benefit of the wards.

Sec. 10. When not in violation of the terms of a will by toid or mortgaged. which a minor holds his real property, it may, under the direc

tion of the probate court, be sold or mortgaged on the application of the guardian, either when such sale or mortgage is necessary for the minor's support or education, or where his interest will be thereby promoted by reason of the unproductiveness of the property, or of its being exposed to waste, or of any other

peculiar circumstances. Grounds of appli- Seo. 11. The petition, for that purpose, must state the

grounds of the application, must be verified by oath, and a copy thereof, with a notice of the time at which such application will be made to the court, must be served personally upon the minor, at least ten days prior to the term fixed for such applicaiion.

SEC. 12. The court, in its discretion, may direct a postponement of the matter, and may order such further publication, through the newspapers or otherwise, as it may deem expedient.

lians.

When minor's property to be

ention to be stated uuder oath.

Court may order further publication,

ference

for performanco

prevailingparty when application

prove doeds or

SEC. 13. It may, also, direct a reference for the purpose of May, direct a roascertaining the propriety of ordering the sale or mortgage as applied for.

Sec. 14. Before any such sale or mortgage can be executed, Spueridianos corriye the guardian must give security, to the satisfaction of the court, te the penalty of which shall be at least double the value of the property to be sold or of the money to be raised by the mortgage, conditioned that he will faithfully perform his duty in that respect and account for and apply all moneys received by him under the direction of the court.

Sec. 15. When the application for the sale of property is Costa Awarded to resisted, the court may, in its discretion, award costs to the pre- is resisted. vailing party, and may, when satisfied that there was no reasonable ground for making the application, direct the costs to be paid by the guardian from his own funds.

Seo. 16. Deeds may be made by the guardian in his own Court most name, but they must be returned to the court, and the sale or mortgages. mortgage be approved before the same are valid.

Sec. 17. The same rules that are prescribed in the sale of real Rales of sale. property by executors and administrators, shall be observed in sales under the provisions of this act as far as applicable.

Sec. 18. A failure to comply with any order of the court in Branches of conrelation to the guardianship, shall be deemed a breach of the condition of the guardian's bond, which may accordingly be put in suit by any one aggrieved thereby, for which purpose the court may appoint another guardian of the minor, if necessary. The court may, also, commit him to jail until he complies with such order.

Sec. 19. Guardians of the property of minors must account, perts of minoro on oath, annually, or oftener, if required by the court. It may, nocounts: also, direct them to give new or supplemental security, or may remove them for good cause shown, which cause must be entered on the records.

Sec. 20. Where a new guardian is appointed, the court may Property to be doorder the effects of the minor, which are in the hands of his predecessor, to be delivered up to such new guardian. Sec. 21. The foreign guardian of any

non-resident minor

may be appointed the guardian of such minor by the court of the points may be upcounty wherein he has any property, for the purpose of selling or otherwise controlling that and all other property of such minor, within this Territory.

Sec. 22. Such appointment may be made, upon his filing, in Authenticated the office of the probate judge of the county wherein there is any be bled.

dition of bond.

Guardians of

must make andun!

livered
guardian.

Foreign guardians of non-resident

.

copy of bis appointment must

May dispensewith original bund, wben.

guardian.

such property, an authenticated copy of the order for his appointMust be qualifed. ment. He shall, thereupon, qualify, like other guardians, except

as in the next succeeding section is prescribed.

SEC. 23. Upon the filing of an authenticated copy of the bond and the inventory rendered by the guardian in the foreign state, if the court is satisfied with the sufficiency of the amount of the

security, it may dispense with the filing of an additional bond. Compensation of SEC. 24. Guardians shall receive such compensation as the

court may from time to time allow. The amount allowed and the service for which the allowance was made, must be entered upon the records of the court.

Sev. 25. This aut to tale cirect 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 8, 1859.
S. MEDARY,

Governor.

CHAPTER LXXVI.

AN ACT regulating Proceedings on Writs of Habeas Corpus.

OF PROCEEDINGS TO OBTAIN THE WRIT AND THE FORM THEREOF.

Who may prosecuto & writ of ha. beas corpus.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. Every person committed, detained, confined or restrained of his liberty, within this Territory, for any criminal, or supposed criminal matter, or under any preteuse whatsoever, except when, according to the provisions of this act, such person can be neither discharged or bailed, or otherwise relieved, may prosecute a writ of habeas corpus, as hereinafter provided, to inquire into the cause of such confinement or restraint.

Sec. 2. Application for such writ shall be made by petition, signed by the party for whose relief it is intended, or by some person in his behalf, to some court of record, in term, or to the julge of the supreme or district court, or any judge of the probate court.

To whom application shall be made.

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