Dissolution not to affect the rights

.

Court to appoint a trustee.

Oath and bond of trustee.

Condition of bond.

Powers and dutieg of trustee,

liabilities have either been paid or secured to the satisfaction of the probate court of the proper county.

Sec. 28. No dissolution of any corporation, under this act, for or axainst the shall invalidate or affect any right, forfeiture or penalty accruing

to such corporation, or invalidate or afect any contract entered into or imposed upon such corporation.

Sec. 29. Whenever the probate court shall dissolve any corporation, they shall appoint some competent person to act as trustee for the corporation so dissolved.

Sec. 30. The trustee, before entering upon the discharge of his duties, shall take and subscribe an oath before some judge or justice of the peace, that he will faithfully discharge the duties of his office, and shall, moreover, give bond, with sufficient security, to be approved of by the court, to the use of such disincorporated town, conditioned for the faithful discharge of the duties of his office.

Sec. 31. The trustee shall, as soon as possible, prosccute or defend to final judgment, all suits instituted by or against the corporation, collect all money due to the same, liquidate all lawful demands against the same, and, for that purpose, shall sell any property belonging to such corporation, or so much thercof as may be necessary, and, generally, do all acts requisite to bring to a speedy close all tlic affairs of the corporation.

Sec. 32. The trustee shall make a report of his proceedings to the probate court at each term thercof.

Sec. 33. When the trustee shall have closed the affairs of the corporation, he shall pay over to the county treasurer all moneys remaining in his hands, and deliver to the clerk of such court all books, papers, records and deals belonging to the dissolved corporation.

SEO. 34. The trustee shall reccive for his services such conpensation as the court shall think reasonable.

Sec. 35. If any town, disincorporated as aforesaid, have an annual revenue accruing thereto, the same shall be paid to the county treasurer by the persons owing the same; and all moneys thus paid, as well as all monoys paid them by the trustee, sball be held and disposed of by the court for the benefit of such town, and may be applied by the court to any specific object, upon the petition of a majority of the taxable inhabitants of such town.

SEO. 36. In all cases where any town in this Territory shall be indebted to any person, on any account whatever, a warrant shall be drawn on the treasurer or other officer having the legal custody

Trngtos to mako report.

Duty of trustoo when the attairs are closed.

Compensation.

Revenue to be paid to county irilunal.

Warrants upon town treasury', how drawn, prin ted, &c.

favor of the per

assigned.

of the moneys of such city or town, for the whole amount found due to such person by the tribunal or officer having the power to audit and allow claims against such city or town, and to draw warrants therefor.

Sec. 37. All warrants, drawn on the treasurer or other proper to do drawn in officer of any city or town, shall be drawn in favor of the person son to whom the to whom the amount thereof shall be allowed, and of no other person.

Sec. 38. All such warrants shall be assignable, and every as- Warrante may be signment of any such warrant shall be by indorsement thereon.

SEC. 39. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Represeplqlives..

C. W. BABCOCK,

President of the Council.
Approved February 1, 1859.
S. MEDARY,

Governor.

:

Reproced

1860.129 1 8 6 3 - GS

CHAPTER LXXXI.

18

63

Per cert,

AN ACT regulating the Interest of Money.
Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. Creditors shall be alloweil to roccivo interest at Lezal interest ten the rate of ten per cent. per annum, where no rate of interest is agreed upon, for all moneys after they become due by any instrument of the debtor, in writing, for money or moneys due on settlement of accounts, from the day of liquidating the same, and ascertaining the balance for money recovered for the use of another, and retained without the owner's knowledge of the receipt of the same, for money due and withheld by an unreasonable and vexatious delay of payment or settlement of accounts, and for all other money due or to become due for the forbearance of payment, whereof an express promise to pay interest has been made.

Sec. 2. The parties may, in any contract in writing, whereby Wami contract in any debt is secured to be paid, agree that more or less than ten ***8, more or less. per cent. per annum may be received.

Judgmentato hear
Den per cent.

Sec. 3. All judgments of courts of record and justices of the peace shall bear a rate of interest from the day upon which they are rendered, at the rate of ten per centum per annum.

Sec. 4. All acts and parts of acts in conflict with the pro-
visions of this act are hereby repealed, and this act shall take
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. 18.58. 225

CHAPTER LXXXII.

Justico.

AN ACT for the Maintenance and Support of Illegitimate Children.
Be it enacted by the Governor and Legislative Assembly of

the Territary of Kansas :
Complaint before Section'1. On complaint made to any justice of the peace of

this Territory, by any woman resident therein, who shall hereaf-
ter be delivered of a bastard child, or being pregnant with a child,
which, if born alive, may be a bastard, accusing, on oath or affir-
mation, any person of being the father of said child, the justice
shall take such accusation in writing, and thereupon issue his
warrant, directed to the sheriff, coroner or constable of any coun-
ty of this Territory, commanding him forth with to bring such
accused person before said justice to answer to such complaint,
and, on return of such warrant, the justice, in presence of the
accused person, shall examine the complainant, under oath, re-
specting the cause of her complaint, and such accused person
shall be allowed to ask the complainant, when under oath, any
question he may think necessary for his justification, all of which
questions and answers, together with every part of the examina-
tion, shall be reduced to writing by the justice of the peace; and
if, on such examination, the party accused shall pay, or secure
to be paid to the complainant such sum or sums of money or
property as she may agree to receive in full satisfaction, and

against mainton

give security to

shall further give bond to the trustees of the township in which secure township
said complainant shall reside, and their successors in office, con- nuco.
ditioned to save such township free from all charges towards the
maintenance of said child, then, and in that case, the justice
shall discharge the party accused, out of custody, on his paying Dischargo.
the costs of prosecution : Provided, That the agreement afore-
said shall be made or acknowledged by both parties in the pres-
ence of the justice, who shall, thereupon, enter a memorandum of
the same upon his docket.

SEC. 2. When any woman has a bastard child, and neglects to when the mother
bring a suit for its maintenance, or commences a suit and fails Smit, supervisors
to prosecute to final judgment, the township supervisors, in any
township interested in the support of any such bastard child,
when suficient security is not offered to save the township from
expense, may bring a suit in behalf of the township, against him
who is accused of begetting such child, or may take up and pros-
ecute a suit begun by the mother of the child.

Seo. 3. In case such accused person does not comply with the Upon failuro të provisions in the first section of this act contained, the justice, to boubound over to whom such complaint was made, shall bind such person in a recognizance to appear at the next term of the district court, with sufficient security, in a sum not less than two hundred dollars nor more than three hundred dollars, for the benefit of the township in which such bastard child shall be born, to answer such accusation, and to abide the order of said court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to ai swer to such complaint.

Sec. 4. If, at the time of such court, the woman be not deliv- Renewal al rec siga
ered, or be unable to attend, the court shall order the renewal of
the recognizance, that the accused person shall be forthcoming
at the next term of the court after the birth of the child, at, which
the mother of said child shall be able to attend; and the contin.
uance of such bonds shall be entered by order of said court, un-
less the security shall object thereto, and shall have the samo
force and cfiect as a recognizance taken in court for that pur.
pose.

Src. 5. When such accused person shall plead not guilty to Tsial.
such charge, before the court to which he is recognized, the court
shall order the issue to be tried by a jury, and at the trial of such
issue, the examination before the justice shall be given in evi-
dence, and the mother of the bastard child shall be admitted as

aizanco.

admitted as witnese.

l! guilty, to be charged with maintenance of ebild.

security, may be iroprisoned.

a competent witness, and her credibility be left to the jury: When woman not Provided, Always, that no woman shall be admitted as a wit

ness as aforesaid, who has been convicted of any crime which would, by law, disqualify her from being a witness in any other case; and, on the trial of the issue, the jury shall, in behalf of the man accused, take into consideration any want of credibility

in the mother of the bastard child; also, any variation in her of testimony of testimony before the justice, and that before the jury; an i, also,

any other confession of her, at any time, which does not agree with her testimony or any other picas or proofs made or produced on behalf of accused person.

Sko. 6. In case the jury find the defendant guilty, or such accused

person, before the trial, shall confess in court that the accusation is true, he shall be judged the reputed father of such child, and shall stand charged with the maintenance thereof, in such a sum or sums as the court shall order and direct, with pay. ment of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and

in case the said reputed father shall neglect or refuse to give Pailing to give security as aforesaid, and pay the costs of prosecution, he shall

be committed to the jail of the county, there to remain until he shall comply with the order of the court: Provided, That such putative father shall not be confined over one year. .

Sec. 7. When any defendant to a complaint of bastardy shall have been committe'i to jail on teglect or refusal to find the security required by the third section of this act, or on failure of such defendant to renew his recognizance, as required by the fourth section of this act, it shall be lawful for any officer, authorized to take bail in criminal proceedings, to admit such defendant to bail by recognizing him in such sum and with such securities as such oficer shall deem propor, conditioned for the appearance of such defendant lefore the proper court, to answer

the complaint under which he stands charged; and, for taking Pomez of ballor. such Lail, the said person may, by special warrant under his

hand and seal, require the sherifl or jailor to bring such defendant before him, at the court house of the proper county, at such time as in such warrant the officer may direct: Provided, That, in fixing the amount of bail, the oilicer admitting the same, shall be governed in the amount aud quality of bail required by the third section of this act.

Sec. 8. When any woman having a bastard child, who now is or may hereafter become a pauper in any county poor house, in any.

Bail.

Directors of peor. house mor bring mit, when.