neglecting or refusing to

false report

mcanor.

to whom

SEC. 96. Every person, duly elected to the office of director, District officers treasurer or clerk of any school district, who shall neglect or finca lendler refuse, without suflicient 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 Irk making false report to the county superintendent of his county, with in- Eilts of ruisdetent 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 misdein anor and punished by a fine, not exceedling one hun:tre: dollars, or by imprisonment, not exceeding three months.

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 rapers. papers appertaining to such office, shall be sulject to a fine not exceeding fifty dollars.

SE?. 99. That all persons having school moneys or other school property school property in their possession, by virtue of any act hereto- uble. 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 re- Collusion of suceive, 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 pullic schools of this Territory, any money or bonus, in any manner, as an inducement for the recommendation or introduction of any such book inco 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 thou, und 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.

perintendents with publiehers-how punished.

1

CIIAPTER CXVII.

594

AN ACT suppleinentary to “An Act to provide for the Organization, Super

pervision and Maintenance of Common Schools."

Territorial sn. perintendent's office.

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.

CIIAPTER CXVIII.

Sheriff's ofico vacant.

AN ACT Declaring the Office of Sheriff of Doniphan County vacant. Be it enacted by the Governor and Legislative Assembly 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.

CIIAPTER CXLX.

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

Processes.

to serre procesy

shoritt distriot court, equal

by marshal,

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That the sheriff's 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.

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

SE;. 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.

CHAPTER CXX.

AN ACT Concerning the Construction of Statutes.

Be il cnacled by the Governor and Legislative Assembly of

the Terrilory of Kansas :

STION 1. In the construction of the statutes of this Terri- Constructioa. 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 : T'irst, The repeal of a statute does not revive a statute previously repealed, Repeal. 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

Nurnber.

Gender.

Koad, &c.

Insane persons.

Issne.

, &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 oflicers 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 “high way” and “road” include public brides, and may be held equivalent to the words "county way,” “county road," "common road” and “Territorial road:” Sixth, The words “insane person” include iliots,non-compos mentis,lunatics and distracted persons: Seventh, The word “issue,” as applied

to the descent of estates, includes all the lawful lineal descendants Real estate, do. of the ancestor: Eighth, The word "and” and the phrases

"real estate” and “real property,” include lands, tenements and

hereditaments, and all rights thereto and interest therein, equitPersonal property alle as well as legal: Ninth, The words “personal property"

include money, goods, chattels, evidences of debt, and things in action:” Terth, The word "property” includes personal and real property: Eleventh, The word "month” means calender month, unless otherwise expressed, and the word "year"

alone, and also the abbreviation "A. D.," is equivalent to the Oath and athrm- expression “year of our Lorl:" Twelfth, The word "oath”

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 oilice 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 añxed thereto: Fifteenti, The word “State,” when applied to the different parts of the United States, includes the District of Columbia anl 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 diffcrent meaning is plainly intended: Seventeenth, The word "will" includes codicils: Eighteent's, The words "written” and “in writin.cpns may include printing's engraving, lithography, and any other mode of representing words and let

Property.

Month, year,
A. D.

:

a

tion.

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 sherio. 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 Indentars. respects, mean the same kind of instruments as heretofore, and the word “undertaking” means a promise or security in any Undort:king. 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 :

Section 1. The common law of England and all statutes and common law and acts of Parliament in aid thercof, made prior to the fourth year statutos 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 tho 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 tho Territory of Kansas, shall be the rule of action and decision in this Territory, any law, custom or usage to the contrary notwithstanding.