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No property exempted from execution under this
In prosecutions, not necessary to state kind of liquor sold.
deemed and held to be an unlawful selling within the provisions of this act.
SEC. 12. That for all fines and costs assessed against any person or persons or any violation of this act, the real estate and personal property of such person or persons of every kind, without exemption, shall be liable for the payment thereof and such fines and costs shall be a lien upon such real estate until paid; and, in case any person or persons shall rent or lease any building or premises, and knowingly suffer the same to be used and occupied for the sale of intoxicating liquors, contrary to this act, such building and premises so leased and occupied shall be held liable for and may be sold to pay all fines and costs assessed against the person occupying such building or premises for any violation of this act.
SEC. 13. In all prosecutions under this act, by indictment or otherwise, it shall not be necessary to state the kind of liquors sold, but shall be necessary to describe the place where sold, and for any violation of the fourth or fifth sections, it shall not be necessary to state the names of any person to whom sold, and, in dram shop, we all cases, the person or persons to whom intoxicating liquors shall be sold, in violation of this act, shall be competent, as witnesses, to prove such fact or any other tending thereto.
against keeper of
not state to whom sold.
Justices of peace have jurisdiction.
Corporate eities of one thousand
over exempt from his act.
SEC. 14. Justices of the peace shall have jurisdiction and take cognizance of offenses under this act, and shall have authority to impose fines not to exceed one hundred dollars, or to bind over for appearance at the proper court, under the act concerning criminal procedure.
SEC. 15. All corporated cities, containing one thousand ininhabitants and habitants or more, shall be entirely exempt from the operations of this act, and such cities shall have full power to regulate licenses for all purposes and dispose of the proceeds thereof.
SEC. 16. This act to take effect and be in force from and after its passage.
Speaker of House of Representatives.
C. W. BABCOCK,
President of the Council.
Approved February 11, 1859.
AN ACT concerning Lunatics and Habitual Drunkards.
Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:
inquired into by
SECTION 1. If information, in writing, be given to the probate When facts to be court that any person in their county is an idiot, lunatic or per- jury. son of unsound mind, or an habitual drunkard, and incapable of managing his affairs, and praying that an inquiry thereinto be had, the court, if satisfied that there is good cause for the exercise of its jurisdiction, shall cause the facts to be inquired into by a jury.
information to be given to justice.
SEC. 2. Such information may also be given, in the vacation In vacation, such of said court, to the judge thereof, in which event he shall call special term of the court for the purpose of holding an inquiry, whether the person mentioned in such information be of unsound. mind or an habitual drunkard or not.
SEO. 3. In proceedings under this act, the probate court may, in its discretion, cause the person alleged to be of unsound mind or an habitual drunkard to be brought before the court. SEC. 4. Whenever any judge of the probate court, justice of the peace, sheriff, coroner or constable shall discover any person, resident of his county, to be of unsound mind or an habitual drunkard, (as in the first section of this act mentioned,) it shall be his duty to make application to the probate court for the exercise of its jurisdiction, and thereupon the like proceedings shall be had as in the case of information by unofficial persons.
Brought before the court.
Persons may be
Day of certain
point a guardian.
SEO. 5. If it be found by the jury that the subject of the in- Court shall ap quiry is of unsound mind or an habitual drunkard, and incapable of managing his or her affairs, the court shall appoint a guardian
of the person and estate of such person.
SEO. 6. When any person shall be found to be insane or an Costs how paid. habitual drunkard, according to the preceding provisions, the
costs of the proceedings shall be paid out of his estate, or, if that be insufficient, by the county.
If person alleged
to be insane or a drunkard, be
SEC. 7. If the person alleged to be insane or an habitual drunkard, shall be discharged, the costs shall be paid by the person at whose instance the proceeding is had, unless said person be an officer, acting officially, according to the provisions of this act, in which case the costs shall be paid by the county. SEC. 8. The court may, if just cause appears at any time dur- Inquisition may ing the term at which an inquisition is had, set the same aside
be set aside, &c.
Guardian to enter into bond.
and cause a new jury to be impanneled to inquire into the facts; but when two juries concur in any case, the verdict shall not be set aside.
SEC. 9. Every guardian of a person of unsound mind or an habitual drunkard, before entering upon the duties assigned him, shall enter into bond to the Territory of Kansas, in such sum and Condition there with such security as the court shall approve, conditioned that he will take due and proper care of such insane person or habitual drunkard, and manage and administer his estate and effects to the best advantage according to law, and will faithfully do and perform all such other acts, matters and things touching his guardianship, as may be prescribed by law or enjoined on him by the order, sentence or decree of any court of competent jurisdiction.
New bond, &e.
Bond, where deposited.
Copy to be evidence.
Notice of appointment to ba published.
To take charge of insane person and provide for his support, &c.
To take into his possession goods, chattels, &c., of the estate.
Shall make out
and file an inventory of real and
SEC. 10. The court may, at any time, require of any such guardian to give a new bond or additional security, as the circumstances of the case shall require, and if any order for that purpose be not complied with within a reasonable time, to be therein mentioned, the appointment of the guardian may be revoked and another appointed who will give the bond and security required.
SEC. 11. Every bond given by such guardian shall be deposited with the clerk of the court making the appointment, and a copy thereof, duly certified by the clerk, shall be evidence in all respects as the original.
SEC. 12. It shall be the duty of every such guardian, within thirty days after his appointment, to cause a notice thereof to be published, at such time and in such manner as the probate court shall order.
SEO. 13. Every such guardian shall take charge of the person committed to his charge, and provide for his support and maintenance as hereinafter directed.
SEC. 14. It shall be his duty to collect and take into his possession the goods, chattels, moneys and effects, books and other evidences of debt, and all writings touching the estate, real and personal, of the person under his guardianship.
SEC. 15. Within three months after his appointment such personal estate, guardian shall make out and file, in the office of the clerk of the probate court by which he was appointed, a just and true inventory of the real and personal estate of his ward, stating the income and profits thereof, and the debts, credits and effects, so far as the same shall have come to the knowledge of such guardian.
SEC. 16. Whenever any property belonging to such estate Additional inshall be discovered after the filing any inventory, it shall be the duty of the guardian to file, as aforesaid, an additional inventory, containing a just and true account of the same from time to time, as the same shall be discovered.
made and attest
SEC. 17. All such inventories shall be made in the presence Inventories, how of and attested by two credible witnesses of the neighborhood, ed. and shall be verified by oath or affirmation of the guardian.
dian in prosecut
ing and defe vollecting debts, &o.
SEC. 18. It shall be the duty of every such guardian to prose- Duties of guarcute and defend all actions instituted in behalf of or against his ward, to collect all debts due or becoming due to his ward, and give acquittances and discharges therefor, and to adjust, settle and pay all demands due or becoming due from his ward, so far as his effects and estate will extend, as hereinafter provided.
Probate court straint, support insane person.
may order re-
And support and his family, &c.
SEC. 19. Every probate court, by whom any insane person or habitual drunkard is committed to guardianship, may make an order for the restraint, support and safe-keeping of such person, for the management of his estate, for the support and maintenance of his family and education of his children, out of the pro- maintenance of ceeds of such estate; to set apart and reserve for the payment of debts, and to let, sell or mortgage any part of such estate, real or personal, when necessary for the purposes above specified. SEC. 20. Whenever the personal estate of any such insane person or habitual drunkard shall be insufficient for the discharge of his debts, the maintenance of himself and his family, or the education of his children, it shall be the duty of the guardian to apply, by petition, to the court by which he was appointed, praying authority to mortgage, lease or sell the whole or so much of the real estate of such person as shall be necessary to supply the deficiency.
estate not suffi
cient to pay debts,
petition shall contain,
SEC. 21. The petition shall set forth the particulars of the What facts the amount of the estate, real and personal, of such insane person or habitual drunkard, and of the debts by him owing, accompanied by a full, true and perfect account of the guardianship of the petitioner, showing the application of the funds which may have come to his hands.
court may order the mortgage, sale or leasing, &c., of the real estate.
SEC. 22. If it appears to the court, upon examination of the On examination, matter, that the personal estate is insufficient for the purposes above mentioned, and that the property has been applied, as far as the circumstances of the case rendered proper, the court shall make an order directing the mortgage, lease or sale of the whole or such part of the estate as may be necessary or proper.
Time and terms of sale to be directed by the court, &c.
Notice of sale shall be given;
what it shall contain; how and
Lands sold and report to be made.
Report of guardian verified.
If report approved, deed executed.
court may set
aside sale; order
SEC. 23. The court making such order shall direct the time and terms of sale, or, if a mortgage or lease be ordered, the terms of such mortgage or lease, and the manner in which the proceeds shall be secured, and the income or produce thereof be appropriated.
SEC. 24. When a sale of real estate shall be ordered, the guardian shall cause notice of the time, place and terms of sale, together with a description of the property to be sold, to be published four weeks successively in some newspaper in or nearest to the county in which the premises to be sold are situated, and shall also put up like notices at six of the most public places in such county, six weeks before the day of sale.
SEC. 25. Such guardian shall, at the time and place appointed for the sale, sell such lands at public auction to the highest bidder, and make report of his proceedings to the court at the term next succeeding the sale.
SEC. 26. The report shall be verified by the affidavit of the guardian, which affidavit shall, also, state that such guardian did not, directly or indirectly, become the purchaser of the property sold, and that he was in no wise interested in the purchase thereof.
SEc. 27. If the court approve the proceedings, the guardian shall execute a deed to the purchaser, reciting the order of sale, and conveying to the purchaser all the estate, right, title and interest of such insane person to the estate sold.
SEC. 28. If the report be disapproved, the court may set aside may be renewed. the sale, and order all money paid to be refunded, and all securities given to be canceled, and may renew the order of sale, as often as may be necessary, until the proceedings are approved.
No deed executed till court approve agreement.
Guardian to ren
der account and make settlement once a year.
SEC. 29. When the court shall order a lease or mortgage of any estate, no deed or instrument of writing shall be executed for that purpose, until the court shall have approved the agreement made by the guardian under such order.
SEC. 30. Every conveyance, mortgage, lease and assurance, made under the order of a probate court, pursuant to the provisions of this act, shall be as valid and effectual as if the same had been executed by such insane person or habitual drunkard when of sound memory and understanding or temperate.
SEC. 31. Every guardian appointed under this act shall, once a year or oftener, if thereto required by the court appointing him, render to such court a just and true account of his guardianship, and make settlement thereof with such court.
SEC. 32. No contract of any person found to be of unsound