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county in this Territory, shall neglect to bring a suit for the maintenance of such child, or commences suit and fails to prosecute to final judgment, the directors of any poor house in any county, or the supervisors in any township interested in the support of any such bastard child, where sufficient security is not offered to save the county from expense, may bring a suit in behalf of the county against him who is accused of begetting such such child, or may take up and prosecute a suit begun by the mother of the child.

Sec. I. The warrant authorized to be issued by this act, Warrand. against any accused person, shall authorize and empower the officer, to which it is directed, to pursue and take the accused person in any county in this Territory, and to bring said accused person before the justice who issued said warrant, to answer the complaint made against him.

SEC. 10. Whenever bond shall be given by any person charged Condition of with being the father of any illegitimate child, under the provisions of this act, the condition of said bond shall be, that said bastard child shall not become a township charge, upon any township in this Territory.

Sec. 28. This act to take effect and be in force from and after the first day of June next.

Speaker of House of Representatives.


President of the Council.
Approved February 10, 1859.





AN ACT concerning County Jails.
Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

Section 1. There shall be established and kept in every coun- county to build ty, by authority of the tribunal transacting county business, at the expense of the county, a jail, for the safe keeping of prisoners lawfully committed.


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SEC. 2. The grand jury, at each term of the district court, shall make personal inspection of the county jail as to the sufficiency of the same for the safe keeping of prisoners, their convenient accommodation and health, and shall inquire into the manner in which the same has been kept since the last term, and the court shall give this duty in special charge to such grand jury, and it shall be imperative upon the tribunal transacting county business, to issue the necessary orders, or cause to be made the necessary repairs in accordance with the complaint or recommendation of the grand jury.

Seo. 3. The sheriff of the county, by himself or deputy, shall keep the jail, and shall be responsible for the manner in which the same is kept. Ile shall keep separate rooms for the sexes, except where they are lawfully married. He shall supply proper bread, meat, drink and fuel for the prisoners.

SEO. 4. The cost of keeping a defendant imprisoned by civil process shall be taxed as costs against the plaintiff, at the rate of fifty cents per day, and if, on demand made, such plaintiff shall fail to pay the same, the defendant may be discharged, but such costs may afterwards be recovered against the defendant.

SEC. 5. When a prisoner is committed for crime or in any suit on behalf of the Territory, the county supervisors shall allow the sheriff his reasonable charges for supplying such pris

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Suc. 6. When a prisoner is confined by virtue of any process directed to the sheriff, and which shall require to be returned to

the court whence it issued, such sheriff shall keep a copy of the ésame, together with his return made thereon, which copy, duly certified by such sheriff, shall be prima fucie evidence of his right to retain such prisoner in custody.

Src. 7. All instruments of every kind, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly indorsed and filed, and safely kept in a suitable box, by such sheriff or by his deputy acting as jailor.

Sec. 8. Such box, with its contents, shall be delivered to tho successor of the officers having charge of the prisoner.

Sec. 9. If any prisoner, confined on civil process, shall violently escape from prison, without the connivance of the jailor, and such prisoner shall be re-committed to the prison whence he escaped, within three months next after such escape, such a recommitment shall operate to bar any recovery against the sheriff for such escape, except for the costs of any action that shall have been previously commenced against him therefor.

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Sec. 10. If judgment, in any such action for escape, shall liave satisfaction of been rendered against the sheriíï, before the expiration of tlnce. months, such re-commitment of the prisoner, as mentioned in the next preceding section, shall operate as a satisfaction of all such judgments, except the costs.

Sec. 11. That when there is no sufficient prison, in any county waha jail ungaros wherein any criminal offense shall have been committed, any judge of the district court of such county, upon application of the sheriif, may order any person, charged with criminal offense and ordered to be committed to prison, to be sent to the jail of the county nearest, having a sufficient jail, and the sheriff of such nearest county shall, on exhibit of the order of such judge, receive and keep in custody in the jail of his county, the prisoners ordered to be committed as aforesaid, at the expense of the county from which such prisoner was sent and the same sheriff shall, upon the order of the district court or a judge thereof, redeliver such prisoner when demanded.

Sec. 12. Any county jail may be used for the safe keeping of any county jail any fugitive from justice from another State or Territory, and trening forestives the jailor shall, in this case, be entitled to reasonable compensation for the support and custody of such fugitives in custody, to be paid by the ofiicer demanding the custody of the same.

SEC. 13. Juvenile prisoners shall be treated with humanity, Juvenile prisonand in a manner calculated to promote their reformation. They separate. shall be kept, if the jail will admit of it, in apartments separate from those containing more experienced and hardened criminals. The visits of parents and friends, who desire to exert a moral influence over them, shall, at all reasonable times, be permitted.

Sec. 14. That all acts and parts of acts in conflict with this act are hereby repealed.

SEC. 15. This act to take effect and be in force from and after the first day of June next.

Speaker of House of Representatives.


President of the Council.
Approved February 11, 1859.


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AN ACT providing for the Selection and Summoning of Grand and Petit 186yollt

Jurors. WC6-14 Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. The county board of supervisors shall, at their first meeting in each year, or at any other meeting, if neglected at such first meeting, make a list of persons to serve as petit jurors, and a list of persons to serve as grand jurors, for the ensuing year.

SEC. 2. The said supervisors shall proceed to select, from those assessed on the assessment roll of the previous year, suitable persons, having the qualifications of electors, to serve as jurors, and, in making such selection, they shall take the names of such only as are not exempt from serving on juries, who are in possession of their natural faculties, and not infirm or decrepit, of fair character, of approved integrity, of sound judgment and well informed, and free from all legal exceptions.

Sec. 3. Such lists shall contain not less than one for every bundred inhabi- hundred inhabitants of each township or ward, having regard to

the population of the county, so that the whole number of jurors, selected in the county, shall amount, at least, to one hundred, and not exceeding four hundred, one half of whom shall be designated as petit jurors, and one-half as grand jurors.

Sec. 4. In making such selection, the supervisors shall avoid, as far as practicable, selecting any of the same persons who were actually drawn and who served as jurors during the preceding year.

SEC. 5. Certified lists of the persons, so selected to serve as jurors, shall be transmitted immediately to the county clerk.

Sec. 6. On receiving such lists, the county clerk shall file the same in his office, and shall write down the names contained therein, on separate pieces of paper, of the same size and appearance, as nearly as may be, and shall fold up each of such pieces of paper so as to conceal the name thereon, and deposit those on the list of petit jurors in a box to be kept by him for that purpose, to be laballed “petit jury box;" and those on the lists of grand jurors in a separate box, to be labelled "grand jury box.

Sec. 7. The persons, whose names shall be so returned, shall

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serve as such jurors for one year, and until other persons are selected and lists of such persons returned and filed.

SEC. 8. Upon receiving such new lists, the county clerk shall When a whists destroy the ballots deposited in the jury box for the year preced- destroyed. ing, and deposit the ballots, containing the names entered on such new lists, in the same manner as above required.

Sec. 9. At least thirty days before the holding of any district County flere ting court, at which such juries shall be required by law, the county days before courí. clerk, where such court is to be held, shall draw from the petit jury box the names of twenty-four persons, and any additional number that may have been ordered by the court, to serve as petit jurors ; and from the grand jury box the names of eighteen persons to serve as grand jurors. Sec. 10. At least three days before the drawing of such ju- probe de mare der


two justirors, the clerk shall give notice to the sheriff and two justices of dea of peace. the

peace of said county, of the day and hour when such drawing will take place.

Sec. 11. At the time so appointed, it shall be the duty of the Samo. sheriff of the county, in person, or by his under sheriff and the justices aforesaid, to attend at the county clerk's office to witness such drawing, and, if any two of said officers shall attend, at the time and place appointed, the clerk shall proceed, in their progence, to draw the jurors.

SEC. 12. If two of the officers, so notified, do not appear, the Add of clerk shall adjourn the drawing of such jurors until the next day, and shall, by written notice, require any justice of the peace of the county to attend such drawing on the adjourned day.

Sec. 13. If, at the auljourned day, any two of the officers If two in attendnotified to attend the drawing of such jurors, shall appear, but proceed. not otherwise, the clerk shall proceed, in the presence of the officers so appearing, to draw the jurors.

Sec. 11. The clerk shall conduct such drawing as follows: Mannor of drawFirst, He shall shake each of the boxes, containing the names of jurors returned to him, from which jurors are required to be drawn, 80 as to mix the slips of paper, upon which such names were written, as much as possible: Second, He shall then publicly Minutes kept. draw out of the said boxes, respectively, as many of said slips of paper, containing such names of grand and petit jurors, or both, as shall be required by law, or specially ordered for such court: Third, A minute of the drawing shall be kept by one of the attending officers, in which shall be entered the name contained on every slip of paper so drawn, before any other such slip shall be drawn: Fourth, If, after drawing the whole num- pornon destro****

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