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not binding with

Money disposed of

mind or an habitual drunkard, as hereinbefore specified, which Contract of ward shall be made without the consent of his guardian, shall be valid out consent of or binding, and such guardian may sue for and recover any money may be recovered. or property which may have been sold or disposed of by his ward, without his consent.


Drunkard or in

sane person not held to bail or

SEC. 33. No such insane person or habitual drunkard shall held to bail, nor shall his body be taken in execution on any civil taken in execuor criminal action.


sane persons, prooess served on

SEO. 34. In all actions commenced against such insane person Suits against inor habitual drunkard, the process shall be served on his guardian; guardian. and, on judgment against such person or his guardian, as such, the execution shall be against his property only, and in no case against his body, nor against the body or estate of such guardian, unless he shall have rendered himself liable thereto, by false pleading or otherwise.

tion to sanity or

SEC. 35. If any person shall allege, in writing, verified by Effect of restora oath or affirmation, that any person declared to be of unsound temperate habits. mind or an habitual drunkard has been restored to his right mind.

or to temperate habits, the court by which the proceedings were had shall cause the facts to be inquired into by a jury.

right mind.

SEC. 36. If it shall be found that such person has been re- If restored to his stored to his right mind, he shall be discharged from care and custody, and the guardian shall immediately settle his accounts, and restore to such person all things remaining in his hands, belonging or appertaining to him.

SEC. 37. In case of the death of any such insane person or habitual drunkard while under guardianship, the power of the guardian shall cease, and the estate shall descend and be distributed in the same manner as if such person had been of sound mind or temperate habits, and the guardian shall immediately settle his accounts, and deliver the estate and effects of his ward to his personal representatives.

In case of death

of insane person

or drunkard.

Courts have power to remove guardian.

SEC. 38. The several probate courts shall have power to remove such guardians, at any time, for neglect of duty, miscon- . duct, or mismanagement, or disobedience to any lawful order, and appoint others.

When removed,

he shall settle his

SEC. 39. Whenever any such guardian shall be removed from his trust, he shall immediately settle his accounts, and render to accounts, &c. his successor the estate and effects of his ward.

power to control

SEC. 40. The probate court shall have full power to control Probate court has the guardian of any such insane person or habitual drunkard, in guardian, &c. the management of the person and estate and the settlement of

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When insane person confined, duty of court and guardian.

If not confined, and no person has charge of him.

Expenses, how paid.


of the county

from whom reoovered.

his accounts, and may enforce and carry into execution their orders, sentences and decrees, in the same manner as a court of chancery.

SEC. 41. If any person, by lunacy or otherwise, shall be furiously mad, or so far disordered in his mind as to endanger his own person or the person or property of others, it shall be the duty of his or her guardian, or other person under whose care he or she may be, and who is bound to provide for his or her support, to confine him or her in some suitable place until the next sitting of the probate court of the county, who shall make such order for the restraint, support and safekeeping of such person as the circumstances of the case shall require.

SEC. 42. If any such person, as in the last preceding section is specified, shall not be confined by the person having charge of him, or there be no person having such charge, any judge of a court of record, or any two justices of the peace, may cause such insane person to be apprehended, and may employ any person to confine him or her, in some suitable place, until the probate court shall make further order therein, as in the preceding section specified.

SEC. 43. The expenses attending such confinement shall be paid by the guardian, out of his estate, or by the person bound to provide for and support such insane person, or the same shall be paid out of the county treasury.

SEC. 44. In all cases of appropriations out of the county treastreasury, how and ury, for the support and maintenance or confinement of any insane person, the amount thereof may be recovered by the county from any person who, by law, is bound to provide for the support and maintenance of such person, if there be any of sufficient ability to pay the same.

SEC. 45. 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 8, 1859.




AN ACT in relation to Marriage.


Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:


SECTION 1. Marriage is considered, in law, a civil contract, to Marriage a civil which the consent of the parties is essential.

are declared to ba


SEO. 2. All marriages between parents and children, including Marriages that grand-parents and grand-children of every degree, between insuous and brothers and sisters of the one half as well as whole blood, and between uncles and nieces, aunts and nephews and first cousins, are declared to be incestous and absolutely void. This section. shall extend to illegitimate as well as to legitimate children and relations.

tracting or sol

ringe contrary to

SEC. 3. Whoever shall contract marriage in fact, contrary to Penalty for conthe prohibitions in the preceding section, and whoever shall sol- emnizing maremnize any such marriage shall be deemed guilty of a misde- preceding section. meanor, and, upon conviction, shall be punished by fine or imprisonment, or both, at the discretion of the jury which shall try the cause; or, if the conviction be by confession, at the discretion of the court, the fine to be not less than one hundred nor more than one thousand dollars, and the imprisonment to be not less than three months nor more than five years.

tracted without this Territory.

SEC. 4. All marriages contracted without this Territory, which Marriages conwould be valid by the laws of the country in which the same were contracted, shall be valid in all court and places within this Territory.

whom performed.

SEO. 5. Every judge and justice of the peace, clergyman or Ceremony, by licensed preacher of the gospel, may perform the ceremony of marriage in the Territory.

SEC. 6. No judge, justice of the peace, clergyman, preacher of the gospel or other person, shall join in marriage any male under the age of twenty-one years, or female under the age eighteen years, without the consent of their parents or guardian," under whose care and government such minor may be, and any person who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars.

SEC. 7. Every person having authority to join others in marriage, shall keep a record of all marriages solemnized before him, and, within three months, transmit a certificate of every marriage, containing both christian and surname, to the clerk of the

Penalty for joinmarriage without

ing minors in

sent of parents.

Shall keep record shall transmit

of all marriages.

certificate of mar


Clerk shall record all marriage returns.

Clerk's fees.,

Penalty for neg

lect or refusal to record.

Records, &c., to be evidence.

Penalty for making false return.

county in which such marriage took place, and any person refusing or neglecting to make such return within the above required time, shall forfeit for every offense the sum of one hundred dollars, to be recovered with costs by the county clerk for the use of the county.

SEC. 8. The clerk shall record all such returns of marriages in a book to be kept for that purpose, within one month after receiving the same, and shall be allowed for each entry of the same fifty cents, to be paid by the parties to the marriage. If any clerk shall neglect or refuse to record within the said time any return to him made, he shall forfeit one hundred dollars, to be recovered with costs by any person who will prosecute for the


SEC. 9. The books of marriages, to be kept by the respective clerks, and copies of entries therein certified by him under his official seal, shall be evidence in all courts.

SEC. 10. That, if any person, authorized to solemnize any marriage, shall willfully make a false return of any marriage or pretended marriage, to the clerk, or if the clerk shall willfully make a false record of any return of a marriage, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, and by imprisonment not less than three months.

SEC. 11. This act to take effect and be in force from and after the first day of June next.

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AN ACT to protect the Rights of Married Women, and in relation to the liabilities incident to the Marriage Relation.

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

SECTION 1. The property, real and personal, which any woman

by a woman at

the time of her


in this Territory may own at the time of her marriage, and the Property owned rents, issues, profits or proceeds thereof, and any real, personal or mixed property, which shall come to her by descent, devise or bequest, or the gift of any person except her husband, shall remain her sole and separate property, notwithstanding her marriage, and not be subject to the disposal of her husband, or liable for his debts.

man may bargain,

SEC. 2. Any married woman, while married, may bargain, Any married wosell and convey her personal and real property, and enter into sell, convey, &e. any contract in reference to the same, as if she were sole. SEC. 3. Any woman may, while married, sue and be sued in May sue and be all matters having relation to her property, in the same manner G0• 150 as if she were sole..


one-half of property to husband.

SEO. 4. Any woman may, while married, make a will, but May make a will, she shall not bequeath away from her husband more than onehalf of her property, both personal and real, without his consent

in writing.

man die without


SEC. 5. If any married woman die without will, one-half of If a married woher separate property shall become and remain the absolute property of her husband, the other half shall descend to and be divided equally between the children of such married woman. SEC. 6. Any married woman dying without will or issue, her If without will property shall become the absolute property of her said surviving husband.

or issue.

die without will.

SEC. 7. Any married man dying without a will, one-half of Ifa married man his property, both personal and real, shall descend to and become the absolute property of his surviving wife, the other half shall be equally divided among his children.


SEC. 8. Any married man dying without will or issue, his If without will or whole property, both personal and real, shall become the absolute property of his surviving wife.


SEC. 9. In case any married man shall hereafter deprive his optional to accept wife of over one-half of his property by will, it shall be optional with such married woman, after the death of her husband, to accept the conditions of such will, or one-half of his whole estate' both real and personal.

SEC. 10. Any married woman may carry on any trade or business, and perform any labor or services, on her sole and separate account, and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used and invested by her in her own name, and she may sue and be sued, as if sole, in regard to her trade, business, labor, services and earnings, and her property, acquired

may carry on any business, &e.

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