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sing to obey writ.

sented to such refusal or delay, and every such magistrate shall forfeit, to the party aggrieved, a sum not exceeding one thousand dollars.

SEC. 62. If any magistrate, either solely or as a member of Penalty for roany court, or in the execution of any order, judgment or process, immed. shall, knowingly, recommit, imprison or restrain of his liberty, or cause to be recommitted, imprisoned or restrained of his liberty, for the same cause, (except as in this act provided,) any person so discharged, or knowingly assist therein, he shall be deemed guilty of a misdemeanor, and shall also forfeit, to the party aggrieved, a suin not exceeding one thousand dollars.

SEC. 63. Any officer or other person having the custody of Penalty for poloany prisoner, committed on any civil or criminal process, who sesi to prisoner. shall refuse to give such prisoner a copy of the process, order or commitment, hy virtue of which the person is held or detained, within six hours after the demand by the prisoner, or any one on his behalf, shall deemed guilty of a misdemeanor, and shall also forfeit, to the party aggrieved, not less than five hundred dollars.

Sec. 64. If any officer or other person upon whom a writ of paint for more habeas corpus shall be duly served, shall neglect or refuse to obey the same, by producing the party therein named, and making a full and explicit return to the writ, as required by this act, he shall be deemed guilty of a misdemeanor, and shall also forfeit, to the party agrieved, a sum not exceeding one thousand dollars.

Sec. 65. Any person having in his custody, or under his Penalty for.com power, any person for whose relief a writ of habeas corpus shall &o., to avoid writ. have been issued, or who would be entitled to a writ of habeas corpus to inquire into the cause of his detention, who shall, with intent to elude the service of such writ, or, to avoid the effect thereof, transfer such prisoner to the custody or place him under the control or power of another, or conceal him, or change the place of his confinement, shall be deemed guilty of a misdemeanor, and shall also pay to the party aggrieved not less than five hundred dollars.

SEO. 66. Every one who, knowing that any person has been Ponalty for ardischarged by competent authority on a habeas corpus, shall, with color contrary to the provisions of this act, arrest such person again, for the same cause, shall be deemed guilty of a misdemeanor, and shall also pay to the party aggrieved not less than five hundred dollars.

cealing prisoner,

reating

once been

sa ne suso.

Penalty for vioIsting last two sections.

Persons convicted of misdemeanor bow punished.

How penalties sued for and recovered under this act.

Sec. 67. Every person who shall knowingly aid or assist in the violation of either of the last two preceding sections shall be deemed guilty of a misdemeanor.

SEC. 68. Every person convicial of a misdemeanor under the provisions of this act shall be punished by fire ond imprisonment or both, in the dimretion of the court in whih he shall be convicted ; but such fide not to exeed one ihnusaud dollars, nor such imprisonment me year.

SEC. 69. The right of action for the penalties declarel by this act to be incurred, and to lie paid to the party aggrived, shall not cease by the death of either party, lut such penalty may be sued for and recovered by the executors or administrators of the aggrieved party, against the offender or his executors or administrators.

Sec. 70. The recoveries of any of the penalties under the procivil action for visions of this act shall be no bar to a civil action for damages.

Sb. 71. The several provisions containel in this act, shall be construed to apply, so far as may be applicable, and except where otherwise provided, to every writ of habeas corpus authorized to be issued by any statute of this Territory.

Recorerics under thinact, uobar to

Construction of this act as to all cases of habras corpus,

Itabeas corpus to testify.

Application for
Dow made.

Of Habeas Corpus io bring up a Prisoner to Testify.

Sec. 72. Every court of record shall have power, upon the application of any party, in any suit or proceedings, civil or criminal, pending in suih coirt, to jsue a writ of habras corpus, for the purpose of bringing beforo sul court any prisoner, who

inay be detained in any jail or brison, within this Territory, for any cause except a sentence for a felony, to be examined as s witness, in such suit or proceeding, in behalf of the party massing such application.

Su. 73. Every such application shall be veriged by affidavit, and shall state: First, The title and nature of the suit or proceeding, in regard to which the costimony of such prisoner is desired: anil, Second, That the testimony of such prisoner is material and necessary to such party, on the trial or hearing of such suit or pro recling, as he is advised by counsel and rerily believes ; but, if the application be made ly the prosecuting at. toracy, it shall not be necessary to swear io such advice of coursel.

Sec. 7.1. Such writ may also be issued by any justice of the supreine court, or any ofhver authorized to perform ihe duties of such justice, upon the like application of a party, to any suit or proceeding pending in a court of record, or pending before any

Officers who may Allo writ of habonis corpus.

officer or body, who may be authorized to examine witnesses in any suit or proceeding.

Sec. 75. Such writ may also be issued by any of the officers when issued in aforesaid, upon the application of a party to a suit, before any justice of the peace, to bring any prisoner, confined in the jail of the same county, or the county next adjoining that where such justice may reside, before such justice, to be examined as a wit

suits before tices,

ness.

obeying habras

Soc. 76. Whenever any person shall be charged in execution, Certain prisoner on any civil process, or committed on any criminal charge, and the writ of habras corpus shall be issued to bring the body of such prisoner Lefore any court, officer or body, to iestify or to answer for any contempt, or any other matter, and it be returned upon the writ, that the prisoner is charged in cxccution or committed as aforesaid, he shall be remanded, after having testified; and, if any crier of commitment be mode against such prisoner, he shall be so comunitte i to the prison from which he was taken.

Sec. 77. Whenever any writ of habeas corpus shall be issued Liability for a dispursuant to the five preceding sections of this chapter, it shall be corpus. the duty of the officer, to whoin the same shall be delivereil, to obey and return such writ, according to the command thereof; and every officer who shall neglect or refuse so to do, shall be liable to the county where the writ was issued, upon the application of the prosecuting attorney, and in other cases to the party upon whose applicatioa ilie same shall have issuei, in a suin not less than five hundred dolius.

Sec. 78. This act to tale efect and bein force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
This act became a law under the provisions of the Organic Act,
having remained in the hands of the Governor three days after
the day on which it was receivel by him, without his approval,
and not having been returnel to the house in which it originated
with his objections,

HUGH S. WALSII,
Secretary of kinsas Territory.

1858 2590

CHAPTER LXXVII.

Supervisors commissioners of highways, their datieg.

AN ACT to provide for Locating and Working Highways.
Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. The supervisors of the several townships in this Territory shall, by virtue of their office, be the commissioners of highways in their respective townships, and shall have the care and superintendance of the highways and bridges therein; and it shall be their duty: First, Tu give directions for the repairing of the roads and bridges within their respective townships: Second, To regulate the roads already laid out, and to alter such of them as they shall deem inconvenient: Third, To cause such of the roads used as highways as have been laid out, but not sufficiently described, and such as have been lawfully laid out and used as such, up to the present time, but not fully and sufficiently recorded, to be ascertained, described and entered on record in the township clerk's office: Fourth, To cause bridges, which are or may be erected over streams intersecting highways, to be kept in repair: Fifth, To divide their respective townships into so many road districts as they shall judge convenient, and specify every such division in writing under their hands, to be recorded in the office of the township clerk, in a book kept for that purpose ; but no such division shall be made within ten days next preceding the annual township meeting : Sixth, To assign to each of the said road districts, such of the inhabitants, liable to pay taxes on highways, as they shall think proper, having regard to the nearness of residence as much as practicable: Seventh, To require the overseers of highways, from time to time and as often as they shall deem necessary, to perform any of the duties required of them by law: Eighth, To assess the highway taxes in their respective townships, in each year, as provided by law.

Sec. 2. The supervisors shall have power, in the manner and under the restrictions hereinafter provided, to lay out and establish, upon actual survey, such new roads in their respective townships as they may deem necessary and proper; and to discontinue such old roads as shall appear to them to have become unnecessary.

Sec. 3. The supervisors of each township shall render to the board of auditors, authorized by law to settle their accounts, at the annual meeting of such board, in each year, a statement in writing, containing: First, The amount of highway taxes as

To discontinuo old, and lay out 29w roads.

To make annual statement of high pay tax.

tax.

of highways.

sessed, and the amount which has been collected in their township: Second, The amount of tax collected in money, and the amount paid in labor: Third, The manner in which any moneys, raised by the township for the improvement or building of roads or bridges therein, have been disbursed, and the particulars of such disbursement : and, Fourth, An estimate of the sum necessary to be raised by the township for the improvement of roads and bridges therein for the ensuing year, specifying the improvements required.

Sec. 4. The said board of auditors shall cause such statement Voting highway to be presented at the then next annual township meeting, and such meeting may vote for the raising of such sum, for the improvement of the roads and bridges within the township, as a majority of the electors present shall deem necessary; and the sum so voted, shall be levied and collected in the same manner as other township taxes.

Sec. 5. It shall be the duty of the overseers of the highways : Duty of overseers First, To repair and keep in order the highways, within the several districts for which they shall have been elected or appointed respectively: Second, To notify all persons assessed to pay highway taxes, of the time when and place where labor will be received in payment for such taxes: Third, To collect all highway taxes as required by law, and to execute all lawful orders of the supervisors.

Sec. 6. Whenever the amount of highway tax assessed by the Second highway supervisors, in any district, shall be deemed insufficient to keep the roads therein in repair, the overseer of such highway may, upon an application in writing, signed by a majority of the inhabitants liable to pay highway taxes in such district, make another assessment on the taxable property in said district, in the same proportion, and not exceeding one-third of the amount assessed in the same year by the supervisors, on the inhabitants of the district; and the taxes so assessed by an overseer, shall be collected and expended in like manner as highway taxes assessed by the supervisors are required to be collected and expended.

Seo. 7. The supervisors in each township shall cause guide Guide posto. posts, with proper directions, to be erected at the intersection of all public roads in their township.

Sec. 8. It shall be the duty of the overseers of highways in Keep repaired. each township, to maintain and keep in repair, at the expense of the township, such guide posts as may have been erected by order of the supervisors, within the limits of the district for which they shall have been respectively elected or appointed.

tax

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