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

committing except as herein al

SEC. 62. If any magistrate, either solely or as a member of Penalty for reany court, or in the execution of any order, judgment or process, 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 sum not exceeding one thousand dollars."

sing copy of pro

SEC. 63. Any officer or other person having the custody of Penalty for refaany prisoner, committed on any civil or criminal process, who cess to prisoner. shall refuse to give such prisoner a copy of the process, order or commitment, by 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.

sing to obey writ.

SEC. 64. If any officer or other person upon whom a writ of Penalty for refahabeas 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 power, any person for whose relief a writ of habeas corpus shall 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.

SEC. 66. Every one who, knowing that any person has been discharged by competent authority on a habeas corpus, shall, 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.

Penalty for cono., to avoid writ,

cealing prisoner,

Penalty for ardischarged for

resting person, who once been

same cause.

Penalty for violating last two sections.

Persons convicted of misdemeanor

how punished.

How penalties

sued for and recovered under this act.

Recoveries under

this act, no bar to eivil action for damages.

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

Habeas corpus to testify.

Application for how made.

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 convicted of a misdemeanor under the provisions of this act shall be punished by fine and imprisonment or both, in the discretion of the court in which he shall be convicted; but such fiue not to exe ed one thousand dollars, nor such imprisonment one year.

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

istrators.

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

Sec. 71. The several provisions contained 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.

Of Habeas Corpus to 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 such court, to issue a writ of habeas corpus, for the purpose of bringing before such court any prisoner, who may be detained in any jail orrison, within this Territory, for any cause except a sentence for a felony, to be examined as a witness, in such suit or proceeding, in behalf of the party making such application.

SEC. 73. Every such application shall be verified by affidavit, and shall state: First, The title and nature of the suit or proceeding, in regard to which the testimony of such prisoner is desired: and, Second, That the testimony of such prisoner is material and necessary to such party, on the trial or hearing of such suit or proceeding, as he is advised by counsel and verily believes; but, if the application be made by the prosecuting attorney, it shall not be necessary to swear to such advice of counsel. Officers who may SEC. 71. Such writ may also be issued by any justice of the supreme court, or any officer authorized to perform the 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

allow writ of habeas corpus.

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

suits before justices.

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

ness.

remanded.

SEC. 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 habeas corpus shall be issued to bring the body of such prisoner before any court, officer or body, to testify or to answer for any contempt, or any other matter, and it be returned. upon the writ, that the prisoner is charged in execution or committed as aforesaid, he shall be remanded, after having testified; and, if any order of commitment be made against such prisoner, he shall be so committed to the prison from which he was taken.

obeying habeas

SEC. 77. Whenever any writ of habeas corpus shall be issued Liability for dispursuant to the five preceding sections of this chapter, it shall be corpus, the duty of the officer, to whom the same shall be delivered, 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 application the same shall have issued, in a sum not less than five hundred dollars.

SEC. 78. 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.

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 received by him, without his approval, and not having been returned to the house in which it originated with his objections.

HUGH S. WALSII,

Secretary of Kansas Territory.

1858255

Supervisors commissioners of

highways, duties.

CHAPTER LXXVII.

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 ways, their 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, To 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.

To discontinue old, and lay out new roads.

To make annual atatement of

highway tax.

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 unneces

sary.

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

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.

tax.

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.

of highways.

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.

tax.

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 posts. 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.