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&c., not in force.
Law repealing a former law. being
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.
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 When a law, repealing a former law, clause or provinot to revive for- sion, shall be itself repealed, it shall not be construed to revive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be construed to abate, annul or in anywise affect any proceedings had or commenced under or by virtue of the law so repealed, but the same shall be as effectual and be proceeded on to final judgment and termination as if the repealing law had not passed, unless it be otherwise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.
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.
wer law, &c.
Laws hereafter passed, when to take effect.
Statutes, how authc
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 thereon 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
Bills not returned by governor, how authenticated,
tributed by secr tary
A. B., president of the Council. O. D., speaker of the House of
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.
Sec. 8. All laws, hereafter to be printed by authority of this when 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 Secretary to de shall have been completed, the secretary of the Territory, as soon heal. 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
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.
Sec. 10. The copy delivered to any person shall have stamped Coples to bo 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 to certain person, when
Copies remaining, how disposed of.
been delivered; an any person failing to deposit the said copy
Seo. 11. The several copies of the lus remaining after dis-
C. W. BABCOCK,
President of the Council.
AN ACT Relating to the Authentication of Statutes, Records, Office
At:or I deteta ates evidence, &o.
Printed statuto books of other
Be it enacted by the Governor and Legislalive assembly of
the Territory of Kansas :
SEJTION 1. The printed statute book of this Territory, printed under authority, shall be evidence of the private acts therein contained.
SEJ. 2. The printed statute books of the several States and blates evidenco. Territories of the United Stutes, purporting to be printed by the
authority of such States and Territories, shall be prima facie
Sau. 3. Copies of any act, law or resolution contained in the
SE'. 4. The printed books containing the acts of the Congress of the United States, puzputing to be pablicked by authority of
Cartined conies of acta, laws, &c., in pointed statuiis of states, &0., douce.
Authorized rint ed aute of (onkr.38 evidvace.
certified by secre
Copies of projustices of
in the office of Berretary, &o.,
baid 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.
SEC. 5. Copies of any act, law or resolution contained in any copies of acts buch 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 reseived in evidence.
Soc. 6. The printed volumes purpcrting to contain the laws Printed rolumes 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 robo by authority of Congress, or cither house thercof, shall be evi- Collares evidence to the same extent that authenticated copies of the same would be.
Se:. 8. Copies of proceedings Lefore justices of the peace, che sono certified ly the justice Lefore whom the proceedings are had, pateico e shall be evidence of such proceedings.
Spe. I. Copies of all papeis on lile in the office of the scure- Cories of paper tary of the Territory, treasurer, and auditor of public accounts, evidence 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 pin instice oa: peace, where such justice is out of osliec, certif.cu by the justice luce. who is in possession of ile docket and papers of such justice, shall be roucived in evidence in any court in this Territory.
Sec. 11. Printed copies of the ordinances, resolutions, rules, Certified copies ! orilors and by-laws of any city or incorporated icwn in the Terms in evidenced ritory, published by authority of such city or incorporated town, and manuscript copies of the sano, certified under the band of the proper officcr, and having the corporate seal of such city or town affixed thereto, shall be received as evidence.
Src. 12. When by ordinance or customs of any religious soci- Ringarance of mar. cty or congregation in this Territory a register is required to be kept of maniages, Lirikis, Wiptisins, deutlis or intornents, such register skall lo admitted as cvicence.
Sce. 13. Copies of the register referred to in the preceding Conges of register sectio), certificl by the pastor or other bead of any such society or congregation, or by the clerk or other keeper of such register, and verified by his ai. davit in writing, shall be received in evidouce.
Sur 14. Copies of all lords required ly low to be given by Cort! med remise of all county of Cine collets of the revenue, clerks of the courts
of , of proceedings evi.
Certified copies of contracts in ade
Copies of bonds of exeoutors and administrators evidence.
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.
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. Certified copies of
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
Court nay require the production of the origiaal.
Translations of foreign papers evidence.
Receiver's duplicatos evidence.