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affirmation.

Form of cath and SEC. 3. All oaths shall commence and conclude as follows: "You do solemnly swear, &c., so help you God." Affirmation shall commence and conclude as follows: "You do solemnly, sincerely and truly declare and affirm, &c., and this you do under the pains and penalties of perjury."

Of perjury.

Oath to be taken by officers.

SEC. 4. All oaths and affirmations alike subject the party who shall falsify them to the pains and penalties of perjury.

SEC. 5. All officers, elected or appointed under any existing or subsequently enacted laws of this Territory, shall take and subscribe the following oath or affirmation: "I do solemnly swear, (or affirm, as the case may be) that I will support the constitution of the United States, and that I will support and sustain, the provisions of an act entitled "An Act to organize the Territories of Nebraska and Kansas," and faithfully and impartially, and to the best of my ability demean myself in the discharge of my duties in the office of.”

SEC. 6. This act to take effect from and after the first day of June next.

A. LARZALERE,

Speaker of House of Representatives,

C. W. BABCOCK,

President of the Council.

Approved February 7, 1859.

S. MEDARY,

Governor.

John Sullivan pardoned.

CHAPTER CIII.

[AN ACT Pardoning John Sullivan.]

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

SECTION 1. That John Sullivan be and is hereby granted a full and free pardon for the offense upon which he is now held, and that he be immediately released from custody.

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

A. LARZALERE,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

Approved February 11, 1859.

S. MEDARY,

Governor.

CHAPTER CIV.

AN ACT to Establish Peace in Kansas.

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

or

SECTION 1. That no criminal offense heretofore committed in the counties of Lykins, Linn, Bourbon, McGee, Allen and Anderson, growing out of any political differences of opinion, arising, in any way, from such political differences of opinion, shall be subject to any prosecution, on any complaint or indictment, in any court whatsoever in this Territory.

Prosecutions for
from differences

offenses arising
of political cpin-
ions to cease in

these counties.

to be dismissed.

SEC. 2. That all criminal actions now commenced, growing Criminal actions out of political differences of opinion, shall be dismissed. SEC. 3. This act to take effect and be in force from and after

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AN ACT to Establish a Penitentiary.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

commissioners by

SECTION 1. That John Ritchey, of Shawnee county, S. B. Appointment of Prentiss, of Douglas county, and Fielding Johnson, of Wyandott this act. county, be and are hereby appointed commissioners to erect and maintain a penitentiary for the Territory of Kansas.

SEO. 2. That said commissioners shall meet in the seat of To give bond. government of this Territory, on the second Monday in February next, and take the oath of office, and each give bond and security, to the satisfaction of the governor of the Territory, for the faithful performance of their respective duties, which bonds shall be in the penalty of five thousand dollars each, with at least two good securities.

Governor to fill vacancy.

Bonds filed with secretary of Territory.

Duty of commis

sioners.

Commissioners to decide on plan.

Shall inclose ground.

When to receive prisonera.

Governor an additional commissioner, when.

Employment of prisoners.

Compensation of commissioners.

Appropriation.

SEC. 3. That any vacancy, by either of said commissioners refusing to qualify or give bond as herein required or otherwise, shall be filled by the governor until the next meeting of the Legislature.

SEC. 4. That the bonds so executed by the aforesaid commissioners shall be filed in the office of the secretary of the Territory. SEC. 5. That said commissioners shall proceed immediately to select a tract of land of not less than forty acres and not exceeding one hundred and sixty acres, on which shall be good building stone, and shall purchase such tract, if the title is clear and unincumbered and the same can be had at a fair price.

SEC. 6. That said commissioners shall then decide on a plan for a prison adequate to the wants of Kansas for the next twenty years, and shall lay out the ground plan thereof; and said grounds, so laid out, the said commissioners shall proceed immediately to inclose, with a strong wooden picket, so as to render the same as safe as possible for the safe keeping of prisoners, and to erect therein temporary buildings for the accommodation of officers, guards and prisoners.

SEC. 7. That, as soon as said wooden inclosure is completed, said commissioners shall give notice that the prison is ready to receive prisoners, and they shall appoint keepers, wardens, guards, and all necessary officers and servants, and shall establish all necessary rules and regulations, and, at their pleasure, remove said persons so appointed and appoint others in their places, and alter and amend said rules as they may think best; and said commissioners shall report annually to the Legislature.

SEC. 8. That, if the United States shall make any appropriations for a prison in this Territory, then the governor of the Territory for the time being shall be an additional commissioner, but shall not be required to file any bond.

SEC. 9. That the prisoners shall be, as far as possible, engaged in cutting stone for market, and, at all other times, in erecting the permanent walls and houses therein, on the plan adopted by the commissioners.

SEO. 10. That said commissioners shall receive three dollars per day, as compensation for their services, for the time actually employed, and no person in their employ shall receive a higher compensation.

SEC. 11. That the sum of twenty thousand dollars of any money in the Territorial treasury is applied to carry out the provisions of this act.

keep records and accounts.

SEC. 12. That said commissioners shall keep a record of all Commissioners to their proceedings, and an account of all receipts and expenditures, and shall require a minute account of all officers in their employ, and, for any malfeasance in office, any one of said commissioners May be removed. may be removed, by the governor, from office.

cretary.

SEC. 13. That said commissioners shall elect one of their own President and sebody president and another secretary; and if, in carrying out the provisions of this bill, the money hereby appropriated is not in the treasury, the secretary of said commissioners may draw Secretary to draw from the Territorial treasury for the unexpended balance, and the said treasurer shall accept said drafts, and said drafts shall be receivable for State or Territorial tax in any county in this Territory.

SEC. 14. That one of said commissioners shall be elected annually by the Legislature for three years, and, of those appointed in this bill, one shall be selected by the governor by lot, who shall serve one year, and a second two years, and the third shall serve three years, so that hereafter one shall be selected each year to serve three years.

upon treasurer.

Treasurer to ac

cept drafts to be

reived for

taxes.

Manner of selecting commission

ers.

county jail, when.

SEC. 15. That said penitentiary may be adopted as a county May be used as a jail of any county in this Territory, and that said county shall pay the keepers three dollars per week for the boarding of prisoners so committed.

A. LARZALERE,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 10, 1859.

S. MEDARY,

Governor.

CHAPTER CVI.

AN ACT concerning Writs of Quo Warranto.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

-by whom.

SECTION 1. In case any person shall usurp, intrude into or when writ issued unlawfully hold or execute any office or franchise, the Territorial or county attorney of the proper county, with the leave of any district court, shall exhibit to such court an information in the

How acted upon.

Trial.

Pleadings.

Fenalty.

Costs.

Time of pleading.

nature of a quo warranto, at the relation of any person desiring to prosecute the same.

SEC. 2. The relator shall be named as such in the information against such person as usurping, intruding into, or unlawfully holding or executing any such office or franchise, and shall proceed thereon in such manner as is usual in cases of information in the nature of a quo warranto.

SEC. 3. If it shall appear to such court that the several rights of divers persons to the same office or franchise may properly be determined on one information, the said courts may give leave to exhibit one information against several persons to try their respective rights to such office or franchise.

SEO. 4. Such person, against whom an information in the nature of a quo warranto shall be prosecuted, shall appear and plead at the same term in which the said information shall be filed, unless the court shall give further time; and such person, prosecuting such information, shall proceed thereupon with the most convenient speed.

SEC. 5. In case any person, against whom any such information, in the nature of a quo warranto, shall be prosecuted, shall be adjudged guilty of any usurpation or intrusion into or unlawfully holding and executing any office or franchise, it may be lawful for the court as well to give judgment of ouster against such person from any of the said offices or franchises, as to fine such person for his usurpation, intruding into or unlawfully holding and executing any such office or franchise, and to give judgment that the relator, in such information named, shall recover his costs of such prosecution; and, if judgment shall be given for the defendant in such information, he shall recover his costs against such relator.

SEC. 6. The court in which any information shall be exhibited shall allow to the relator and the defendant such convenient time to plead, reply, rejoin or demur, as shall seem just and reasonable.

SEO. 7. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

Approved February 10, 1859.

S. MEDARY,

Governor.

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