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District officers

neglecting or refusing to act

fed ten dollars,

SEC. 96. Every person, duly elected to the office of director, treasurer or clerk of any school district, who shall neglect or refuse, without sufficient cause, to accept of such office and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him, by the provisions of this act, shall forfeit the sum of ten dollars. SEC. 97. Every clerk of a district, who shall wilfully sign a clerk making false report to the county superintendent of his county, with in- guilty of misdetent of causing such county superintendent to apportion to his district a larger sum than its just proportion of school money of the county, shall be deemed guilty of a misdemeanor and punished by a fine, not exceeding one hundred dollars, or by imprisonment, not exceeding three months.

false report

meanor.

to deliver up

SEC. 98. Every school district clerk, who shall neglect or re- Fine for refusing fuse to deliver to his successor in office all records, books and Papers. papers appertaining to such office, shall be subject to a fine not

exceeding fifty dollars.

to whom deliver

SE. 99. That all persons having school moneys or other School property school property in their possession, by virtue of any act hereto- able. fore passed, are hereby required to deliver the same to the proper officer, provided for by this act.

SEC. 100. If any superintendent of public schools shall receive, in any way, from the publishers of any school books, or any other person interested in the sale or introduction of any book, into any of the public schools of this Territory, any money or bonus, in any manner, as an inducement for the recommendation or introduction of any such book into any of the public schools of this Territory, said superintendent shall, upon conviction thereof, before any court of competent jurisdiction, be found guilty of a misdemeanor, and shall be confined in the penitentiary for not less than one [year] nor more than ten years, and shall be fined a sum of money not exceeding five thousand dollars, and not less than three thousand dollars, onetenth of which money shall go to the person complaining and the other to the school fund of this Territory.

SEO. 101. 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 11, 1859.

S. MEDARY, Governor.

Collusion of suwished.

perintendents with publishers

594

Territorial SMperintendent's office.

CHAPTER CXVII.

AN ACT supplementary to "An Act to provide for the Organization, Superpervision and Maintenance of Common Schools."

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

SECTION 1. The Territorial superintendent of common schools shall keep his office, temporarily, at the city of Leavenworth, where shall be deposited all papers and documents appertaining to the business of his office, and to which place communications, on the subject of common schools, shall be addressed to him. 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.

Sheriff's office vacant.

CHAPTER CXVIII.

AN ACT Declaring the Office of Sheriff of Doniphan County vacant.

Be it enacted by the Governor and Legislative Assemb!¡ of the Territory of Kansas:

SECTION 1. That the office of sheriff of Doniphan county shall be and the same is hereby declared to be vacant.

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

A. LARZALERE,

Speaker of House of Representativcs.

C. W. BABCOCK,

President of the Council.

Approved February 1, 1859.

S. MEDARY,

Governor.

CHAPTER CXIX.

AN ACT to authorize the Sheriffs of the several Counties to serve Certain

Processes.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

to serve process

SECTION 1. That the sheriffs of the several counties in the Sheriffs authorzed Territory shall have the same power to serve processes, issued in district court. out of the district courts, and perform all the duties of the United States marshal, as is prescribed by law.

SEC. 2. That all processes, served by the sheriffs of the several counties, issued by the clerks of the district courts, shall be as valid and as effectual, in law, as if the same had been served by the marshal aforesaid.

SEC. 3. That this act shall take effect from and after the date of its passage.

A. LARZALERE,

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

President of the Council.

Approved February 9, 1859.

S. MEDARY,

Governor.

Process served by

sheriff for district court, equal va

fidity as if served

by marshal.

CHAPTER CXX.

AN ACT Concerning the Construction of Statutes.

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

SECTION 1. In the construction of the statutes of this Terri- Construction. tory the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute: First, The repeal of a statute does not revive a statute previously repealed, Repost. nor does such repeal affect any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced under or by virtue of the statute repealed: Second, Words and words and phrases shall be construed according to the context and the ap

phrases.

Number.

Gender.

Road, &c.

proved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such peculiar and appropriate meaning: Third, Words importing the singular number only may be extended to several persons or things, and words importing the plural number only may be applied to one person or thing, and words importing the masculine gender only Joint authority. may be extended to females: Fourth, Words giving a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of them, unless it be otherwise expressed in the act giving the authority: Fifth, The words "highway" and "road" include public bridges, and may be held equivalent to the words "county way," "county road," "common road" and "Territorial road:" Sixth, The words "insane person" include idiots,non-compos mentis,lunatics and distracted persons: Seventh, The word "issue," as applied to the descent of estates, includes all the Fawful lineal descendants Real estate, &c. of the ancestor: Eighth, The word "land" and the phrases "real estate" and "real property," include lands, tenements and hereditaments, and all rights thereto and interest therein, equitPersonal property able as well as legal: Ninth, The words "personal property" include money, goods, chattels, evidences of debt, and "things in action:"" Tenth, The word "property" includes personal and real property: Eleventh, The word "month" means a calender month, unless otherwise expressed, and the word "year" alone, and also the abbreviation "A. D.," is equivalent to the Oath and afirma- expression "year of our Lord:" Twelfth, The word "oath”

Insane persons.
Issue.

Property.
Month, year,
A. D.

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includes "affirmation" in all cases where an affirmation may be substituted for an oath, and, in like cases, the word "swear" includes the word "affirm:" Thirteenth, The word "person" may be extended to bodies politic and corporate: Fourteenth, Where the seal of a court or public office or officer may be required by law to be affixed to any paper, the word "scal" shall include an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto: Fifteenth, The word "State," when applied to the different parts of the United States, includes the District of Columbia and the Territories, and the words "United States" may include the said District and Territories: Sixteenth, The word "town" may mean a civil township, unless a different meaning is plainly intended: Seventeenth, The word "will" includes codicils: Eighteenth, The words "written" and "in writing" may include printing, engraving, lithography, and any other mode of representing words and let

ters, excepting those cases where the written signature or the mark of any person is required by law: Nineteenth, The term "sheriff" may be extended to any person performing the duties Sherif. of the sheriff, either generally or in special cases: Twentieth, The word "deed" is applied to an instrument conveying lands, Deod. but does not imply a sealed instrument, and the words "bond" Bond. and "indenture" do not necessarily imply a seal, but, in other Indentur. respects, mean the same kind of instruments as heretofore, and the word "undertaking" means a promise or security in any Undertaking. form where required by law: Twenty-first, The term "execu- Executors. tor" includes an administrator where the subject matter applies to an administrator: Twenty-second, The Roman numerals and Arabic figures are to be taken as part of the English language. SEC. 2. 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 11, 1859.

S. MEDARY,

Governor.

CHAPTER CXXI.

AN ACT Adopting the Common Law as the Rule of Action in this Territory and Regulating the Authentication of Statutes and the taking effect thereof.

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

certain British

force,

SECTION 1. The common law of England and all statutes and common law and acts of Parliament in aid thereof, made prior to the fourth year statutes are in of James the First, and which are of a general nature, not local to that kingdom and not repugnant to or inconsistent with the constitution of the United States and the act entitled "An act to organize the Territory of Nebraska and Kansas," or any statute law which may from time to time be made or passed by this or any subsequent Legislative Assembly of the Territory of Kansas, shall be the rule of action and decision in this Territory, any law, custom or usage to the contrary notwithstanding.

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