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New drawing.

ber required for grand or petit jurors, the name of any person shall appear to have been drawn who is dead, or become insane, or who has permanently removed from the county, to the knowledge of the clerk or any other attending officer, an entry of such fact shall be made in the minute of the drawing, and the slip of paper containing such name shall be destroyed: Fifth, Another name shall then be drawn, in place of that contained on the slip of paper so destroyed, which shall in like manner be entered in the minutes of the drawing: Sixth, The same proceedings shall be had, as often as may be necessary, until the whole number of Minute of draw- jurors required shall have been drawn: Seventh, The minute of clerk and officers. the drawing shall then be signed by the clerk and the attending Separate lists for officers, and filed in the clerk's office: Eighth, Separate lists of

ing signed by

grand and petit


Sheriff shall summon jurors six days prior to


Copies of lists furnished by clerk.

Fine for mon-attendance.

Persons exempt.

of the names of the persons so drawn for petit jurors, and of those drawn for grand jurors, with their places of residence, and specifying for what court they were drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county.

SEC. 15. The sheriff shall summon the persons named in such lists, respectively, to attend such court, at least six days previousto the sitting thereof, by giving personal notice to each person,. or by leaving a written notice at his place of residence, with some person of proper age, and shall return such lists to the court, at the opening thereof, specifying those who were summoned, andthe manner in which each person was notified.

SEC. 16. It shall be the duty of the county clerk to furnish any person applying therefor, and paying the fees allowed by law for the same, a copy of the lists of jurors drawn to attend any court.

SEC. 17. The court, to which any list of jurors shall be re-turned by the sheriff, shall impose a fine, not exceeding twenty dollars, for each day that any person, duly summoned as a jurer,, shall, without reasonable cause, neglect to attend; but if it appear, by such return, that any person was notified by leaving a written notice at his place of residence, the court shall suspend the imposition of such fine until the defaulting juror shall be notified to appear and show cause why the same should not be imposed.

SEC. 18. The following persons shall be exempt from serving as jurors, to-wit: The governor,, secretary, treasurer and auditor of the Territory; the justices of the supreme court, all judges of courts of record, superintendent of common schools,

clerks of courts, registers of deeds, sheriffs and their deputies, coroners, constables, all officers of the United States, attorneys and counsellors at law, ministers of the gospel, preceptors and teachers of incorporated academies, ferrymen, all members of any company of firemen organized according to law, all persons more than sixty years of age, and all other persons exempted, by any other law of this Territory, from serving on juries.

shall be excused.

SEC. 19. The court, to which any person shall be returned as when persons a juror, shall excuse such juror from serving at such court whenever it shall appear: First, That he is exempt from serving on juries by the provisions of the preceding section: or, Second, That he is a practicing physician or surgeon, and has patients requiring his attention: or, Third, That, he is a justice of the peace, or executes any other civil office, the duties of which are, at the time, inconsistent with his attendance as a juror: or, Fourth, That he is a teacher of any school, actually employed and serving as such: or, Fifth, When, for any other reason, the interest of the public or of the individual juror will be materially injured by such attendance, or his own health or that of any member of his family requires his absence from such


sealed separately.

SEC. 20. After the adjournment of any court, at which any Names of jurors jurors shall have been returned as herein provided, the clerk shall inclose the ballots, containing the names of those who attended and served as jurors, in an envelope, under seal, or deposit the same in a separate box; and the ballots, containing the Non-attendants names of those who did not appear and serve as jurors, which box, to be drawn shall not have been destroyed, shall be returned to the box from which they were taken.

SEC. 21. If, at the time of drawing any jury by the clerk as herein provided, there shall not be a sufficient number of ballots remaining in the boxes in which they were criginally deposited, after drawing all that may be therein, the clerk shall return to such boxes the ballots containing the names of those who have previously attended and served as jurors during the same year, and shall then draw from such boxes the number of jurors required, in the same manner and with the like effect as if such jurors had not been previously drawn.

SEC. 22. Whenever, in the opinion of the judge of any district court, more than twenty-four petit jurors shall be necessary to attend any such district court, he may, by an order under his

returned to the


when all names

drawn from box

and jury not full


Court may order summoned.

an additional number of jurors

Order to be filed with the clerk


hand, direct such additional number of jurors as he shall deem necessary, not exceeding twenty-four, to be drawn.

SEC. 23. Such order shall be served on and filed with the clerk thirty days prior of the county, in which such court is to be held, at least thirty days previous to the day appointed for the commencement thereof, and the said clerk shall thereupon draw the number specified in such order, in addition to the number otherwise required by law, and shall proceed therein, in all respects, in the same manner herein prescribed.

When court may order jury drawn

Sheriff to summon sad make return.

Juty may be completed from bystanders.

Jurors to attend unless excused.

SEC. 24. Whenever, for any cause, grand or petit jurors shall not have been drawn and summoned to attend any district court, or a sufficient number of qualified jurors shall fail to appear, such court may, in its discretion, order a sufficient number of grand or petit jurors, or both, to be forthwith drawn and summoned to attend such court; or such court may, by an order to be entered in the minutes of such court, direct the sheriff of the county forthwith to summon so many good and lawful men of his county, to serve as such jurors, as the case may require.

SEC. 25. The sheriff, on receiving a list of jurors drawn pursuant to the preceding section or a copy of the order therein mentioned, shall proceed, as soon as practicable, to summon such jurors, in the manner aforesaid, forthwith to attend such court; and shall, in like manner, return the names of those summoned by him, to the court, specifying, in such return, the manner in which each person was notified.

SEC. 26. When there shall not be jurors enough present to form a panel, in any cause, the district court may direct the sheriff or other proper officer to summon a sufficient number of persons, having the qualifications of jurors, to complete the panel from among the bystanders, or from among the neighboring citizens, and the sheriff shall summon the number, so ordered, accordingly, and return their names to the court.

SEC. 27. Every person, summoned pursuant to the provisions. of the last three sections, shall attend forthwith and serve as a juror, unless excused by the court, and, for every neglect or refusal so to attend, shall be subject to a fine, in the same manner as jurors regularly drawn and summoned as hereinbefore provided. SEC. 28. The clerk of the board of supervisors shall perform county clerk shall all the duties of county clerk, required in this or any other act, until the office of county clerk shall be filled at the next general election.

Clerk of supervi

sors to act until

be chosen.

SEC. 29. This act to take effect and be in force from and after

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AN ACT to Relieve the Firemen of the City of Leavenworth from Service on Juries and from Poll Tax.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

companies, in City, exempt

Members of fire


SECTION 1. That, from and after the passage of this act, any person who is a member of any fire company, in the city of Leavenworth, shall be exempt from poll tax and from service on and poll tax. any jury.

SEC. 2. This act to take effect and be in force from and after its passage.


Speaker of House of Representatives.


President of the Council.

from jury duty

Approved February 7, 1859.





AN ACT to define the Duties of Justices of the Peace in Cases of Breach of
the Peace.

Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:
SECTION 1. Justices of the peace may have jurisdiction of all
cases of simple assault and battery and affrays: Provided, how-

Jurisdiction of assault and bat

cases of simple


Arrest and examination before

ever, That nothing herein contained shall be construed to extend to cases of assault and battery and affrays which, by any of the laws of this Territory, are punishable by imprisonment, or where the damages, alleged to have been sustained, exceed the sum of one hundred dollars: And provided, further, That nothing herein contained shall prevent a prosecution of such assault and battery or affray by indictments, in the courts of this Territory having criminal jurisdiction.

SEC. 2. Said justices of the peace shall and they are hereby justice of peace. authorized and empowered to cause to be arrested any person or persons charged with any offense against the peace or quiet of the county or neighborhood in which he may reside, for any assault and battery or affray, riots, row or unlawful assembly; and, if the said justice, on a full examination of the matter before him, shall find that the offense is such as would subject the person or persons thus charged to imprisonment or fine exceeding one hundred dollars, he shall require such person or persons to give bail for their appearance at the next term of the court for the county in which the offense was committed having criminal jurisdiction.

Warrant, when issued, how exccuted.

Justice shall is

sue warrant upon


SEC. 3. Whenever a complaint shall be made to a justice of the peace, on the oath or affirmation of any person competent to testify against the accused, that an assault, battery, affray or other breach of the peace has been or is about to be committed, the justice shall forthwith issue a warrant for the arrest of the offender, which warrant shall be executed by the sheriff of the county or constable of the township, or by some competent person specially deputed by the justice for that purpose.

SEC. 4. If any justice of the peace shall have personal knowlpersonal knowledge that any of the offenses mentioned in the last section are about to be committed, he shall issue his warrant and proceed as is directed in that section; and, if any such offense is committed, threatened or attempted in his presence, he shall immedietely arrest the offender or cause it to be done; and, for this purpose, no warrant or process shall be necessary, but the justice may summon to his assistance any sheriff, coroner or constable, and all other persons there present, whose duty it shall be to aid the justice in preserving the peace, arresting and securing the offenders, and all such as obstruct or prevent the justice or any of his assistants in the performance of their duty.

Justice to hear

e determine

SEC. 5. When any person shall be brought before a justice of the peace, under the provisions of this act, it shall be the duty of

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