CHAPTER CVII.

AN ACT to recover Public Records.

deliverable to successor.

Lulding.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. If any civil officer, having any record, books or Paklio records papers appertaining to any public office or any court, shall resign or his office be vacated, he shall deliver to his successors all such records and papers.

Sec. 2. When such officer shall die, his executor or adminis. In case of death. trotor shall deliver such records, books and papers to his successor.

SEC. 3. If any such officer, or the executor or administrator of Penalty for withsuch officer, shall fail to deliver such records, books or papers, be or they shall forfeit not more an one thousand nor less than one hundred dollars, to be recovered by civil action or indictment, to the use of the county.

SEO. 4. Such officer, or the executor or administrator of such Damages recoverofficer, shall pay to any person injured by the detention of such records, books or papers, all damages which may accrue to him, to be recovered by action on the case.

Sec. 5. If any person, whose office has become vacated, or his Warrant, wł.ea executors or administrators shall fail to deliver any record, book or paper, to the person entitled to the same, any judge of the supreme or district court, upon the affidavit of any credible person setting forth the facts, may issue his warrant, directed to the flow servod. sheriff or coroner, commanding him to seize all the records, books and papers appertaining to such officer, and deliver them to the proper officer named in such warrant.

Sec. 6. The officer, executing such warrant, may break open Search any doors, trunks or places in which any records, books or papers named in such warrant may be, or in which he may suspect them to be, and may arrest any person, who shall resist the execution of such warrant, and carry him before some judge or justice of the peace, to be dealt with for obstructing the execution of pro

cess.

Sec. 7. Any officer, to whom any such warrant may be directed Penalty for fulland delivered, who shall fail to execute or return the same, or to perform any duty required of him in relation thereto, shall forfeit not more than one thousand nor less than one hundred dollars, to be recovered by indictment or action on the case, to the use of the county

Citation of wit-
Dess.

SEC. 8. Any person, aggrieved by any such warrant, may apply to any judge of the supreme or district court, who, upon affidavit of the applicant that injustice has been or is about to be done by such warrant, shall issue a citation to all persons interested, commanding them to appear before him, at a place and time named in the citation, which shall be served by the sheriff or

coroner.

Enforced by attachment.

Private persons to deliver record to officer.

Mas he proceeded against.

Sec. 9. The judge may enforce obedience to such citation by attachment, and shall proceed, in a summary manner, and determine according to right and justice, and may issue his warrant for the restoration of any book, record or paper, found to have been improperly seized.

Sec. 10. If any private person shall have or obtain possession of any books, records or papers appertaining to any public office, he shall deliver them to the officer entitled to the same.

Sec. 11. If any person fail to do as required in the preceding section, he shall be proceeded against, in all respects, as is provided for in cases of officers by this act.

SEC. 12. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speakerof House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 10, 1859.
S. MEDARY,

Guvernor.

CIIAPTER CVIII.

AN ACT Anthorizing the Governor of Kansas Territory to offer Rewards

in certain cages.

Reward of fire hundred dollars for wborn

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That the governor of Kansas Territory be and is hereby authorized to offer a reward of five hundred dollars for the arrest of Charles A. IIamilton, and one hundred dollars each for the arrest of either of the other persons engaged in the murder, committed on the 19th day of May, A. D. 1858, in the county

conviction.

of Linn, and that he make requisitions on any of the States or Territories where they may be found.

Sec. 2. That, upon the delivering up, by any person, of Charles Too be paid upon A. IIamilton or either of his associates, as provided for in the foregoing section of this act, and after he or they shall have been duly convicted of such offense, it shall be the duty of the governor to certify the fact to the comptroller of the treasury, and upon such certificate it shall be the duty of said comptroller to draw his warrant on the Territorial treasurer for such amount as may be specified in said certificate, and said treasurer shall pay the same out of any money in the treasury, not otherwise appropriated.

Sec. 3. 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. 7, 1859.

S. MEDARY, Governor.

CIIAPTER CIX.

State lino to Min

AN ACT to establish a Territorial Road from the State line of Missouri,

commencing on the boundary line between Lykins and Johnson Counties,

then west via Spring Hill to Minneola. Be it enacted by the Governor and Legislative Assembly of

the Terrilory of Kansas :

SECTION 1. That A. B. Simmons, Wm. A. Jenkinson and Territorial road Perry Fuller be and are hereby appointed commissioners to view, neala. mark out and locate a Territorial road from the State line of Missouri, commencing on the boundary line between Lykins and Johnson counties, then running west via Spring Hill to Minneola.

Sec. 2. The above named persons shall act as a board of commissioners, and be governed, in all cases, by the provisions of the bill. first general road bill, passed at this session of the Legislature.

A. LARZALERE,
Speaker of House of Representatives.

0. W. BABCOCK,

President of the Council. Approved February 11, 1859.

S. MEDARY, Governor.

Commissioners to be governed by first general road

CHAPTER CX.

AN ACT to make certain Military Roads Territorial Roads.

All military roads declsred Territorial.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That all roads now used as military roads in the Territory, be and the same are hereby made Territorial roads, and are established on the best and most traveled track at the passage of this act.

Sec. 2. That this act shall be in force from and after its passage.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 7, 1859.
S. MEDARY,

Governor.

156uo1

107

11

1991

CHAPTER CXI.

AN ACT to establish certain Territorial Roads.

Eleven territorial roads established.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That eleven Territorial roads, as described in the following sections, shall be located according to the provisions of this act, and that the persons whose names are hereinafter given in connection with said roads shall act respectively as commissioners for that purpose.

Sec. 2. The roads and commissioners shall be the following, Flwood to Marys. to wit: First, One from Elwood to Marysville, by way of Wa

thena ; commissioners, John Starwalt, Westly Bolin of Elwood,

Edwin Miller of Albany: Second, One from Leavenworth to Port Riley.

Fort Riley, by way of Grasshopper Falls and Manhattan ; commissioners, Lyman Scott of Leavenworth, James Frasier of

Grasshopper Falls, Dr. L. B. Palmer of Pottawattamie county : A tenison to S- Third, One from Atchison to Superior, by way of Grasshopper

Falls and Topeka ; commissioners, Willis L. Gaylord, Robert

ville.

Leavenworth to

perior.

Burlington

Fort .

Quindaro to

Wyandott to

Fort Scott to

Big Blue on the

wards Fort Kear

Riddle of Grasshopper Falls, Marmaduke Rambo: Fourth, One Leave a worth to from Leavenworth to Burlington, by way of Lawrence, Minneola and the Sac and Fox Agency; commissioners, J. B. Stockton of Leavenworth City, Perry Fuller, B. L. Kingsbury: Fifth, One feat stworth to from Leavenworth to Fort Scott, by way of Olathe, Spring Hill, Paola, Paris and Mound City; commissioners, Nelson McCracken of Leavenworth, Charles Clark of Linn county, G. W. Miller of Lykins county: Sixth, One from Quindaro to Salina, by way sind

Salins. of Lawrence and Topeka ; commissioners, 0. B. Gunn, Robert Morrow, W. A. Phillips : Seventh, One from Lawrence to Em- Lawrenoo to Emporia, by way of Clinton, Twin Mound and Superior; commissioners, G. W. Deitzler, Abraham Leonard, P. B. Plumb: Eighth, One from Wyandott, South-west towards Santa Fe, one warus Santa Fo. hundred and ifty miles ; commissioners, J. M. Winchell, John T. Barton, Arthur I. Eker: Ninth, One from Fort Scott to booky ani rivor. the Smoky IIill river, at or near the junction with Solomon's Fork, by way of Le Roy, Burlington, Ottumwa and Emporia ; commissioners, J. M. Elliott, J. II. Watson, William R. Griffith: Tenth, One from the Big Blue river, running west on the first fitse atau dara

parallel to Repub standard parallel to the Republican river; [commissioners,] lican river. Hugh Bay of Atchison, G. W. Culon, Eli Hamilton: Eleventh, Jeaven worti toOne road from Leavenworth City to the line of Nebraska Terri- ny. tory, on the line of the best and most direct route leading to Fort Kearney ; commissioners, Geo. D. Pearce of Marysville, John P. Nickles of Leavenworth, Henry McKee of Leavenworth.

Sec. 3. The three persons named in connection with each road, for each tonatin shall act as a board of commissioners to locate the same, under utler. the rules and regulations hereinafter given, and each board shall, in all respects, be entirely independent in its powers of each other's board erected by this act.

SEC. 4. Each board of commissioners shall meet on the second Meeting of comMonday in March next, or as soon thereafter as practicable, at the place designated for the commencement of the road they are to locate, and, having first elected one of their number chairman becrutury. and another secretary, and been sworn faithfully to discharge Take osth, aptheir respective duties, shall appoint a competent engineer, and sincer, preliminaproceed to make a preliminary survey of the whole route. Should any commissioner be unable to serve as such, he may designate a suitable person to act in his place, or to fill any vacancy caused Xoraboy how by his resignation ; and, should he fail to de-ignate such substitutes, the remainder of the board may fill the vacancy with some suitable person or persons from the same locality.

dependent of each