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Punishment lim

ited.

SEC. 2. Punishment, by virtue of the common law, shall, in no wise, be other than fine and imprisonment, and such fine shall not exceed one hundred dollars, and such imprisonment shall not British statutes, exceed six months; nor shall any of the British statutes for the punishment of crimes and misdemeanors be in force in this Territory.

&o., not in force.

Law repealing a

former law, being

itself repealed,

mer law, &c.

Of the Repeal of Laws.

SEC. 3. When a law, repealing a former law, clause or provinot to revive for- sion, shall be itself repealed, it shall not be construed to revive such former law, clause or provision, unless it be otherwise expressly provided; nor shall any law, repealing any former law, clause or provision, be construed to abate, annul or in anywise affect any proceedings had or commenced under or by virtue of the law so repealed, but the same shall be as effectual and be proceeded on to final judgment and termination as if the repealing law had not passed, unless it be otherwise expressly provided.

Laws hereafter passed, when to take effect.

Statutes, how authenticated,

Bills not returned by governor, how authenticated.

SEC. 4. All acts of the Legislative Assembly hereafter passed shall take effect at the end of the session at which they are passed, unless a different time is therein appointed.

Of the Authentication and Taking Effect of Statutes.

SEC. 5. When a bill, that has passed both houses of the Legislative Assembly, shall be returned by the governor without his signature and with objections thereto, and, upon a reconsideration, shall pass by a vote of two-thirds of both houses, it shall be authenticated as having become a law by a certificate endorsed thereon or attached thereto, in the following form: "This bill having been returned by the governor with his objections thereto, and, after reconsideration, having passed by a vote of two-thirds of both houses, it has become a law this day of "

Which, being signed by the president of the Council and speaker of the House of Representatives, shall be deemed a sufficient authentication thereof, and the bill shall be deposited with the laws in the office of the secretary of the Territory.

SEC. 6. Every bill, which has passed both houses of the Legislative Assembly and shall not be returned by the governor within three days, having thereby become a law, shall be authenticated by causing the fact to be certified thercon by the president of the Council and the speaker of the house of Representatives, in the following form: "This bill having remained with the governor three days, (Sundays excepted,) and the Legislative Assembly being in session, it has become a law this

day of

A. B., president of the Council. C. D., speaker of the House of
Representatives."

SEC. 7. The original acts of the Legislative Assembly shall be of original acts. deposited, immediately after they shall have been passed, with

and kept by the secretary of the Territory.

tributed by secre

tary.

SEC. 8. All laws, hereafter to be printed by authority of this Laws to be diere Territory, shall be distributed by the secretary of the Territory, as follows: To the Territorial librarian, for the use of the library, twenty copies; and, for the following public officers, one copy each, namely: The governor, each member of the Council and House of Representatives and the officers of the same, including the codifying commissioners of the present session; each of the judges of the supreme court; the United States district attorney; the marshal of the Territory; attorney general; auditor of the Territory; treasurer of the Territory; each county attorney; judge of probate; each county treasurer; each register of deeds; the board of supervisors in each county; notaries public; sheriffs; coroners; justices of the peace; each township board of supervisors; clerk of the supreme court; clerks of the district courts; the delegate in Congress; the secretary of the United States; the secretary of each State and Territory of the Union, for the use of each State and Territory; to the library of Congress Provided, That no person who shall hold more than one of the above named offices shall be entitled to more than one copy.

SEC. 9. Whenever the printing and publication of the laws shall have been completed, the secretary of the Territory, as soon as may be, shall deliver or transmit to the county clerk in each of the organized counties, a sufficient number of copies thereof for distribution among the several officers of their respective counties and of the counties thereto attached for judicial purposes; and it shall be the duty of the said clerk to keep a correct statement of the name and office of the several persons who may receive copies thereof, and, also, to take a receipt for the same when delivered. In case the number first transmitted shall not supply the officers authorized to receive a copy of the laws in any county, the clerk shall inform the librarian, who shall immediately forward the number to make up the deficiency.

Secretary to derain persons,

liver copies to certain

when.

stamped.

SEC. 10. The copy delivered to any person shall have stamped Coples to be or written thereon the name of the office held by such person, and shall again be deposited in the office of said clerk on the expiration of his term of office, by the person to whom the same may have

Copies remaining, how disposed of.

been delivered; and any person failing to deposit the said copy in pursuance hereof, shall forfeit the sum of two dollars, to be recovered by the said county clerk in his own name, by an action of debt, in any court of competent jurisdiction, for the use of the proper county.

SEC. 11. The several copies of the laws remaining after dis-
tribution among the several counties, as contemplated in this
chapter, shall be deposited in the Territorial library; and the
librarian shall furnish each of the officers and persons, other than
the county officers hercinbefore designated, with a copy thereof,
on demand, and shall take a receipt therefor when delivered.
A. LARZALERE,

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

President of the Council.

Approved February 11, 1859.

S. MEDARY,

Governor.

Anthorized etatutes evidence, &c.

Printed statuto

books of other

Certified copies of acts, laws, &c., in

[blocks in formation]

AN ACT Relating to the Authentication of Statutes, Records, Office
Papers, &c.

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

SECTION 1. The printed statute book of this Territory, printed under authority, shall be evidence of the private acts therein contained.

SES. 2. The printed statute books of the several States and states evidenco. Territories of the United States, purporting to be printed by the authority of such States and Territories, shall be prima facie evidence of the legislative acts of such States or Territories. Sac. 3. Copies of any act, law or resolution contained in the printed statuies printed statute books of the States and Territories of the United States, purporting to be printed by authority, and which are now or may be hereafter deposited in the office of the secretary of this Territory, and required by law to be there kept, certified under the hand and seal of office of the secretary of this Territory, shall be admitted as evidence.

of states, &c., ovKonce.

Authorized print

ed set of Congross evidence.

SEC. 4. The printed books containing the acts of the Congress of the United States, purporting to be published by authority of

said Congress, or by authority of the United States, shall be
prima facie evidence of the laws, public or private, general,
local or special, therein contained.

certified by secre

SEC. 5. Copies of any act, law or resolution contained in any Copies of acts such book, now or hereafter deposited in the office of the secre- tary evidence. tary of this Territory, certified under the hand and official scal of said secretary, shall be received in evidence.

of laws of States cvidence.

SEC. 6. The printed volumes purporting to contain the laws Printed volumes of a sister State or Territory, shall be admitted as prima facie evidence of the statutes of such States and Territories. SEC. 7. Public documents purporting to be edited or printed Authorized pubby authority of Congress, or either house thereof, shall be evi- Congress evidence to the same extent that authenticated copies of the same would be.

lie documents of

dence.

ecedings before justices of the

SEC. 8. Copies of proceedings before justices of the peace, Copies of procertified by the justice before whom the proceedings are had, shall be evidence of such proceedings.

SEC. 9. Copies of all papers on file in the office of the secretary of the Territory, treasurer, and auditor of public accounts, or of any matter recorded in either of said offices, certified under the seal of the respective offices, shall be evidence in all courts of this Territory.

SEC. 10. Copies of proceedings had before a justice of the peace, where such justice is out of office, certified by the justice who is in possession of the docket and papers of such justice, shall be received in evidence in any court in this Territory.

SEC. 11. Printed copies of the ordinances, resolutions, rules, orders and by-laws or any city or incorporated town in the Territory, published by authority of such city or incorporated town, and manuscript copies of the same, certified under the hand of the proper officer, and having the corporate seal of such city or town affixed thereto, shall be received as evidence.

peace evidence.

Copies of papers evidence.

in the office of Secretary, &o.,

When instice out proceedings evi

of oflice, copies of

Certified copies of insporated

ordinances of city

riage,

evidence.

Suc. 12. When by ordinance or customs of any religious soci- Fence of marety or congregation in this Territory a register is required to be kept of marriages, Lirths, baptisms, deaths or interments, such register shall be admitted as evidence.

evidence.

SEC. 13. Copies of the register referred to in the preceding Contes of register section, certified by the pastor or other head of any such society er congregation, or by the clerk or other keeper of such register, and verified by his aildavit in writing, shall be received in evidence.

bonds evidence.

SEc. 14. Copies of all bonds required by law to be given by Certified copice of all county offices, collectors of the revenue, clerks of the courts

of record in the Territory, register of deeds, and all other officers of or under the Territory, who are required by law to give bond for the faithful performance of their duties, duly certified by the seal of office of the officer in whose custody such bond is required by law to be kept, may be sued upon, and shall be received in evidence, to all intents and purposes, as the originals themselves. SEC. 15. Copies of contracts entered into by individuals with within Territory the Territory, or any officer thereof, or with any county, or with any person for the benefit of any county, under or by authority of any law, or the lawful order of any court in the custody and keeping of any officer, duly certified and attested by the official seal of such officer, or if such officer has no official seal, then verified by the affidavit of such officer, may be sued upon, and shall be received in evidence, to all intents and purposes, as the originals themselves.

Certified copies of contracts made

or county, &c., evidence.

Copies of bonds of

executors and administrators evidence.

Court may require the production of the original.

Translations of foreign papers evidence.

Certified copies of records evidence.

Receiver's dupli

cates evidence.

SEC. 16. Copies of all bonds required by law to be given by the executors, administrators, guardians, and commissioners, for the faithful discharge of their duties, as such, and the bonds of principals and sureties required to be taken in the course of any judicial proceedings, in any of the courts of this Territory, duly certified by and attested with the seal of office of the officer to whom by law the custody of the same is committed, shall be evidence, to all intents and purposes, as the originals themselves.

SEC. 17. Where suit shall be brought upon any copy of a bond or contract in writing, mentioned in any of the three preceding sections, and the defendant shall plead that he did not execute the bond or other writing, or on motion to the court, such plea or motion being verified by affidavit, the court may, if necessary to the attainment of justice, require the production of the original bond or other writing.

SEC. 18. Whenever any written evidence in a cause shall be in a language other than the English, a written translation thereof into the English language, made by a competent translator, and verified by his affidavit, may be read in evidence instead of the original, if such original be competent evidence.

SEC. 19. Copies of all papers and records required by law to be filed or recorded by any register of deeds, when certified by such officer and authenticated by his seal of office, shall be received in evidence in all cases as the originals.

SEC. 20. The usual duplicate receipt of the receiver of any land office, or, if that be lost or destroyed, or beyond the reach of the party, the certificate of such receiver that the books of his office show the sale of a tract of land to a certain individual, is

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