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Woman married out of this Terri. tory.


Marriage CODtract now made, Not invalidated,

Debta of wife bejore marriage.

Liabilitios not extinguished by death of wife.

Judgment rendered jointly.

by her trade, business and services, and the proceeds thereof may be taken on any execution against her.

Sec. 11. Any woman who shall have been married out of this Territory, shall, if her husband afterwards becomes a resident in this Territory, claim all the rights as to property, which she may have acquired by the laws of any other State, Territory or country, or which she may have acquired by virtue of any marriage contract or settlement, made out of this Territory.

Sec. 12. Nothing in this act contained shall invalidate any marriage settlement or contract now made, or to be hereafter made.

Sec. 13. In all marriages hereafter contracted, the husband shall be liable for the debts and liabilities of the wife contracted before marriage, to the extent of the real and personal property he may receive with or through her, or derive from the sale or rent of her lands, and no further.

SEC. 14. Such liability of the husbaud shall not be extinguished by the death of the wife.

Sec. 15. When any woman, against whom liability exists, shall marry, and has or acquires lands, judgment on such liability may be rendered against her and her husband jointly, to be levied on such lands only.

Sec. 16. When any judgment is rendered against a husband and wife for the tort of the wife, execution on such judgment shall be first levied on the land of such wife, if she have any.

Sec. 17. That the separate deed of the husband shall convey no interest in the wife's lands, nor shall the separate deed of the wife convey any interest in the husband's lands.

SEC. 18. This act to take effect and be in force from and after its passage.

Speaker of House of Representatives.


President of the Council.
Approved February 7, 1859.


Execution levied on lands of wifo.


AN ACT to Authorize the Formation of Volunteer Military Companies.




Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. The acting militia of this Territory shall consist Age of men. of volunteer companies, to be composed of men between the ages of eighteen and forty-five years.

Seo. 2. Whenever thirty or more men shall associate together Election of ordifor the purpose of forming a volunteer company, they shall, at their first meeting, or on some day ihen to be appointed, proceed to the election of officers for said company.

Sec. 3. Any volunteer company shall have power to adopt Constitution and uch constitution and by-laws for its government and discipline, not inconsistent trith the laws of this Territory, as a majority of the members of the company shall deem proper; and all sentences and fines, imposed in pursuance of such constitution and by-laws, may be enforced and collected as hereinafter provided.

Sec. 4. Whenever any company shall be organized under the Copy od same to provisions of this act, the captain of such company shall trans- nor of Territory. mit to the governor of this Territory a copy of the constitution and by-laws, together with the names of the officers of said company, which copy

shall be attested by the clerk or secretary of said company.

Ssc. 5. It shall be the duty of the governor to commission one officers commiscaptain and two licutenants for said company for the time which they shall have been respectively elected under the by-laws of said company.

Sec. 6. The governor shall, when the persons have been com- Governor to for missioned by him under the provisions of this act, order the inspector-general to deliver to the commandant of such company a proper proportion of any arms and accoutrements at his disposal, belonging to the Territory, and the governor shall, when he delivers any arms or accoutrements to any company, take bond, with approved security, for the return of said arins should a [return] be ordered by any lawful authority of the Territory.

Sec. 7. Volunteer companies shall parade for company exercise Parades. at such times and places as shall be provided by their laws.

Sec. 8. Every member of a volunteer company shall be con- l'niform, &* stantly provided with arms, equipments and uniform suited to the particular corps to which he belongs, and every member of such


ben. Members to ap

when ordered.

First called into active service.

I'nder control of civil power.

United States tactics and di cipline.

Magicians under same control.

portbane do aer company, so armed, equipped and uniformed, shall appear at the

time and place fixed by the laws of such company, and at all other times when ordered by the commandant of the company.

Sec. 9. Any volunteer militia, organized under the provisions of this act, shall first be called into service in case of war or invasion, to prevent insurrection, or to suppress ricts or aid the civil authorities in the execution of the laws.

Sec. 10. Every volunteer company, organized under the provisions of this act, shall be in strict subordination to the civil power of the Territory.

Sec. 11. The system of discipline and field exercise which is ordered to be observed by the regular army of the United States in the different corps of cavalry, infantry, artillery, light infantry and riflemen, and such other system as may at any time hereafter be directed for the militia by the laws of the United States, shall be observed by the company in [the] exercise and discipline of said corps respectively.

Sec. 12. All musicians of bands, whether hired or members of the volunteer company, while actually on duty, shall be subject to the same commands and liable to the same duties and penalties as other members of such company.

Sec. 13. Each company may adopt some suitable uniform, to be paid out of the funds of the company provided for that purpose, together with a flag, musical instruments, and any equippage necessary for the purpose of the company, and, when any member abandons or be expelled from such company, the same, together with all arms and other property belonging to the company, shall be returned as the property of the company.

Sec. 14. Any member of any company other than a commissioned officer as herein provided for, may, upon a fair hearing, be expelled by a vote of the majority of the members of said company by and with the approval of the majority of the commissioned officers acting upon such trial, and all such trials shall be attended and presided over by at least one commissioned officer of the company.

Sec. 15. Any commissioned officer may be removed by the governor on a petition of two-thirds of the members of the combers of the company to which he may belong, whenever he may deem it necessary or proper.

Sec. 16. The commanding officer of any company, formed under the provisions of this act, may call out such company for the purpose of drill and discipline at least once in three months, and oftener if thought proper; also, for elections in the company and

Adoption of uniforin.

Expulsion of membera.

Commissioned officers removed by goverior.

Commanding officer to call out company.

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any business pertaining to the company; but for no other pur-
poses, except as provided for by the by-laws.

Sec. 17. All moneys received by commandants of volunteer Moneys of com-
companies for the use of such companies, and all moneys received
by such companies on account of fines for forfeitures or otherwise,
shall be appropriated by a majority vote of the company or in
pursuance of the by-laws of such company.

Sec. 18. Every officer and member of a volunteer company, Fines for misfor any neglect or refusal of duty required by the by-laws of such company, shall forfeit and pay such sums as may be prescribed by such laws, and may be sued for and recovered before any justice of the peace, as in other actions, upon complaint of said company.

Sec. 19. The governor shall appoint and commission one Appointments by adjutant-general and one inspector-general and two aids, with the rank of brigadier-general.

Sec. 20. The inspector-general, under the order of the gover- Governor.comnor, who is hereby declared to be commander-in-chief of the Inspector-General military forces of the Territory, shall have the custody and control arms. of all arms belonging to the Territory, and shall, annually, report to the Legislative Assembly the condition of the same, and, for this purpose, it shall be the duty of the captain or commanding officer of each company to report to him, annually, six weeks before the annual meeting of the Legislative Assembly, the exact condition of the arms and accoutrements, in the possession of his company, belonging to the Territory.

Sec. 21. The captain or commanding officer of cach company Captain to make shall, annually, six weeks before the annual meeting of the Legis- to adjutant-genelative Assembly, make a full and complete return to the adjutantgeneral of the names of all officers, non-commissioned officers, musicians and privates, belonging to his company; also, the dates of the commissions and places of residence of the officers.

Sec. 22. The adjutant-general and inspector-general shall each Returns preservreceive and preserve all returns directed by law to be sent to them, and shall enter and keep, in a book to be kept for this purpose, a completo abstract of such returns, showing the number of companies, the number of men comprised in each, and the names of the commissioned officers, with their places of residence; also, the amount of arms belonging to the Territory, and the amount in the hands of each company.

Sec. 23. The adjutant-general and inspector-general shall be Adjutant and inallowed and paid, annually, such sums as the Legislative As-entzbed with



be furnished stationery.


Adjntant, inspector and aids to hold office for one year.

Acts ropealed.

sembly may from time to time direct, for books, stationery and services in the discharge of their lawful duties.

Sec. 24. The adjutant and inspector-general and governor's aids, shall hold their offices for one year, but may be removed by the governor at his discretion.

Sec. 25. All previous acts, organizing the militia of this Ter-' ritury, are hereby repealed.

Sec. 26. This act to take effect and be in force from and after its passage.

Speakır of House of Representatives.


President of the Council.
Approved February 11, 1859.



AN ACT Relating to Minors.

Extent of mi-

Then minor bound for contracts,

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

Section 1. The period of minority extends, in males, to the age of. twenty-one years, and, in females, to that of eighteen years.

Sec. 2. A minor is bound, not only by contracts for necessaries, but, also, by his other contracts, unless he disaffirms them within a reasonable time after he attains his majority, and restores to the other party all money or property received by him, by virtue of the contract, and remaining within his control at any time after his attaining his majority.

Sec. 3. No contract can be thus disaffirmed in cases where, on account of the minor's own misrepresentatious as to his majority or from his having engaged in business as an adult, the other party bad good reasons to believe the minor capable of contracting

Sec. 4. When a contract for the personal service of a minor has been made with him alone, and those services are afterwards performed, payment made therefor to such minor, in accordance

Misrepresentation of minor.

Right to receive pay for personal service.

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