Слике страница





the justice to hear and determine, in a summary mode, the complaint alleged against the defendant.

Sec. 6. Upon good cause shown, the justice may postpone the postponement of trial of the cause to a day certain, in which case he shall require the defendant to enter into a recognizance, with sufficient security, conditioned that he will appear before the justice, at the time and Recoguizanco. place appointed, then and there to answer the complaint alleged against him.

Seo. 7. If the defendant shall fail or refuse to enter into Commitment to recognizance, the justice shall commit him to the common jail of the county, there to remain until the day fixed for the trial of the complaint alleged against him.

Sec. 8. In case of the breach of any recognizance entered into Breadbolt recogas aforesaid, the same shall be certified and returned to the court having criminal jurisdiction, to be proceeded on according to law.

Sec. 9. If, in the progress of any trial before a justice of the When proceedpeace under the provisions of this act, it shall appear that the pended. accused ought to be put upon his trial for an offense not cognizable before a justice of the peace, the justice shall immediately stop all further proceedings before him, and proceed as in other criminal cases exclusively cognizable before the court having criminal jurisdiction.

Seo. 10. In all cases arising under this act, it shall be the attendance of duty of the justice of the peace, acting in the case, to summon the injured party, and all others whose testimony may be deemed material, as witnesses at the trial, and to enforce their attendance by attachment, if necessary.

Sec. 11. All trials before a justice of the peace, under this Jury of six. act, shall be by a jury of six competent men, who, if they find the defendant guilty, shall assess the fine to be paid by him, Fino. which shall not be less than one dollar nor more than one hundred dollars, according to tho nature of the offense.

Seo. 12. When proceedings are commenced, under the provi- Prosecutors nama sions of this act, on the information or complaint of the injured party, his name shall be entered by the justice on his docket as prosecutor, and, if the defendant shall be discharged or acquitted, the costs shall be paid by the county.

Suc. 13. In all cases of conviction, under the provisions of lipon conviction, this act, the justice shall enter judgment for the fine and costs or executiva isagainst the defendant, and may commit him until the judgment is satisfied, or issue execution on the judgment to the use of the county.

injured party and witnessey enforced by attackment.

entered on .

may be committed


Upon spreal, witness to bu recognized.

Discharge. Sec. 14. Any defendant, committed under the provisions of

this act, may be discharged in the same manner as if he had been committed by the district court.

SEC. 15. Any person, convicted under this act, may appeal to the court having criminal jurisdiction, if he shall, on the day of the rendition of the judgment, file an affidavit stating that he verily believes himself aggrieved by the verdict and judgment, and, also, enter into recognizance, with sufficient securities, householders of the county, which recognizance shall be in the form and with the condition required in appeals from a justice of

the peace in civil cases. Return of appoal. Sec. 16. All appcals, taken ten days or more before any term

of the court having criminal jurisdiction of the county, shall be returned to that term ; but, if taken within ten days next before the commencement of a term, shall be returnable to the second term.

Sec. 17. When an appeal is taken and perfected, according to this act, it shall be the duty of the justice to cause all material witnesses to enter into a recognizance, in the sum of fifty dollars each, conditioned for their appearance to testify in the cause at the term to which the appeal is returnable, and shall, on or before the first day of such term, file in the oflice of the clerk of the court baving criminal jurisdiction, a copy of the entries on his docket, with a copy of the process and ailidavit of appeal, and the original recognizance of the defen:lant and witnesses, duly certified.

Sec. 18. The clerk of the court having criminal jurisdiction shall enter the cause ou bis docket, and, if the appeal be regularly taken, the cause shall be heard on the merits at the return term, unless good cause be shown for a continuance, and the costs in both courts shall abide the event of the trial in the court having criminal jurisdiction.

Sec. 19. All appeals may be taken at any time within ten days after the day of trial before the justice.

Sec. 20. If the judgment of the justice shall be affirmed, or, upon a trial in the court having criminal jurisdiction, the de. fendant shall be convicted and any fine assessed, judgment shall bo rendered for such fine and the costs in both courts, against the defendant and his securities.

Sxc. 21. If the judgment in the court having criminal jurisdiction be not satisfied in thirty days after the rendition thereof, execution may issue against the defendant and his securities for the finc and costs aforesaid, which shall be made out of the

Canse to be heard at return term on te ngrity.


Appeals taken in ten days.

indgn at arm ed errries ooste in both courts.

Brocation in thirty days.

property of the defendant, if sufficient thereof be found; if not, then out of the property of said securities.

Sec. 22. In all cases not specially provided for by this act, Proceedings, how the process and proceedings before the justice shall be governed by the laws regulating proceedings in justices' courts in civil



upon conviction

how punisbed

Sec. 23. It shall be the duty of the justice before whom any Duty of justice conviction may be had under this act, if there be no appeal, to when no appeal. make out and certify, and, within ten days after the date of the Go. 137 judgment, deliver to the treasurer of the county a statement of

Repeaeed the case, the amount of the fine, and the name of the constable charged with the collection thereof; and the county treasurer shall Counts tesorer. charge the constable with the amount of such fine, and, unless the same be paid into the county treasury within thirty days after the date of the judgment, the county attorney shall cause an action, County afternos. for the recovery thereof, to be instituted against the constable and his sureties, in any court having jurisdiction, and judgment shall be rendered for the amount of such fine with twenty per cent. damages for the detention thereof.

SEC. 24. Any justice of the peace, sheriff, coroner or constable, Neglect of duty, who shall willfully neglect or refuse to perform any duty enjoined on him by this act, shall be deemed guilty of a misdemeanor in office, and shall be subject to a fine not exceeding fifty dollars.

Sec. 25. Fines and penalties incurreil under this act, in cases Finos, how ronot otherwise provided, may be recovered before any justice of the peace by action.

SEC. 26. When a trial, under the provisions of this act, shall witnesses top be continued by the justice, it shall not be necessary for the verbally notifad. justice to summon any witnesscs who may be present at the continuance, but said justice shall verbally notify such witnesses, as either party may require, to attend before him to testify in the cause on the day set for trial, which verbal notice shall be as yalid as a summons.

Sec. 27. This act to take effect and bo in force from and after the first day of June next.

Speaker of House of Representatives.


President of the Council.
Approved February 10, 1859.




[ocr errors]


1858-273 yeGo. /з С.


AN ACT regulating the Jurisdiction and Procedure before Justices of the

Peace, and of the Duties of Constables in Civil Cases.


Of jurisdiction and anthority.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. The jurisdiction of justices of the peace in civil cases shall be co-extensive with the county wherein they may have been elected, and wherein they shall reside.

SEC. 2. That justices of the peace within and co-extensive with their respective counties shall have jurisdiction and authority: First, To administer any oath or affirmation anthorized or required by law to be administered: Second, To take the acknowledgment of deeds, mortgages and other instruments of writing: Third, To solemnize marriages : Fourth, To issue subpænas for witnesses and coerce their attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take depositions : Fifth, To try the action for the forcible entry and detention, or the detention only, of real property: Sixth, To proceed against security for costs and bail for the stay of execution on their dockets: Seventh, To issue attachment and proceed against the goods and effects of debtors in certain cases : Eighth, To issue executions on judgments rendered by them: Ninth, To proceed against constables failing to make return, making false return, or failing to pay over money collected on execution issued by such justice: Tenth, To try the right of the claimant to property taken in execution or on attachment: Eleventh, To act, in the absence of the probate judge, in the trial of contested elections of justices of the peace : Twelfth, To issue summons and take cognizance of all cases where the sum in controversy does not exceed one hundred dollars.

Sec. 3. When the balance claimel to be duc on any open or unsettled account, or on any bill, note or bond, shall be less than one hundred dollars, the party by whom such balance shall be claimed, may commenco his action therefor before a justice of the peace, who shall have power, and he is hereby authorized to hear and determine the matters in controversy, without regard to the amount of the original account or contract, and he may render judgment for any balance found due, not exceeding one hundred dollars; and, if any plaintiff appeal from a judgment entered in his faror for such balance, and shall recover

Justices harijnrisdiction when less than $100.

dertakings in cir. il cases.

doht, daty of jus


judgment for a sum greater than one hundred dollars, besides interest and costs, lie shall not recover costs on such appeal.

Sec. 4. In actions founded upon an undertaking given in pur- of actions on una suance of law in any civil proceeding pending before a justice, such justice or his successor in office shall have jurisdiction thereof, where the sum due or demanded on such undertaking does not exceed one hundred dollars.

SEC. 5. If any debtor shall appear before a justice of the if debtor confess peace without process, and confess that he is indebted to another, tice. it shall be lawïul for such justice, on the application of the creditor, to render judgment on such confession against the debtor.

Sec. 6. Whenever the office of coroner shall become vacant in May set as coroany county, by death, resignation, expiration of the term of office, or otherwise, or where the coroner shall be absent from the county, or unable, from sickness or other cause, to discharge the duties of his office, or shall reside more than ten miles distant from the place where the dead body of any person, supposed to have come to his or her death by violence or casualty, may be found, any justice of the peace of the county shall be vested with all the powers and shall perform, all and singular, the duties appertaining to the office of coroner, so far as it respects the power and duty of a coroner to hold inquisition over any dead body found as aforesaid; and, when acting in the capacity of a coroner, every such justice shall be entitled to the same fees as are or may be allowed by law to coroners in such cases.

Sec. 7. Justices shall have jurisdiction in actions for tres- Actions for trespass on real estate, where the damages demanded for such trespass shall not exceed one hundred dollars, and, also, in actions for forcible entry and detainer.

Sec. 8. If, in any action commenced before a justice, it ap- Titlo in dispute, pears, to the satisfaction of the justice, that the title or boundaries of land is in dispute in such action, it shall be dismissed without prejudice to a future action.

Sto. 9. Justices shall not havo cognizance of any actions: Actions in which First, To recover damages for an assault or an assault and bat- have recognitery: or, Second, In any action for slander or malicious prosecution : or, Third, in actions against justices of the peace or other officers, for misconduct in office, except in the cases provided for in this act: or, Fourth, In actions on contracts for real estate : or, Fifth, In actions in which the title or boundaries of land may be in dispute. Sec. 10. Actions before justices of the peace are commenced Acticoslow oom





« ПретходнаНастави »