« ПретходнаНастави »
proof of title equivalent to a patent against all but the holder of an actual patent.
Sec. 21. In the cases contemplated in the last section, the sig. Signatures prenature of the officer shall be presumed to be genuine until the contrary is shown.
Sec. 22. Copies of records and proceedings in the courts of a of foreign counforeign country may be admitted in evidence upon being authenticated as follows: First, By the official attestation of the clerk or officer in whose custody such records are legally kept: and, Second, By the certificate of one of the judges or magistrates of such court that the person so attesting is the clerk or officer legally intrusted with the custody of such records, and that the signature to his attestation is genuine: and, Third, By the official certificate of the officer who has the custody of the principal seal of the government under whose authority the court is held, attested by said seal, stating that such court is duly constituted, specifying the general nature of its jurisdiction and verifying the seal of the court.
Sec. 23. This act to take effect and be in force from and after the first day of June Dext.
C. W. BABCOCK,
President of the Council.
AN ACT to prevent the Destruction of Stock by Contagious Diseases. Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:
SECTION 1. Every person shall so restrain his diseased or dis- Restraining detempered horses and cattle, or such as [are] under his carc, that they may not go at large; and no person shall willfully and knowingly drive any diseased or distempered horses or cattle, affected with what is commonly known as Texas or Spanish fever or any other infections or disease, into or through this Territory, or from one point thereof to another, unless it be to remove them from one piece of ground to another of the same owner.
Jutice of the peace to have jurisdiction-proQuedings.
Foos for executing Justice's order to kill.
Porfeiture for failure.
Finos recoverable bufore justico.
Any person offending against this section, in either respect, shall, on conviction thereof, forfcit twenty-five dellars for every head of such horses or cattle, and be liable for all damages.
SEJ. 2. Any justice of the peace, upon proof beforo bim that any horses or cattle are going at large, or are driven in or through his county, in violation of the preceding section, may direct the owner or his agent to impound them; and, if he fails to do so or suffers them to escape from the pound, before obtaining from the justice residing in such county a certificate that they may be removed with safety, the justice giving such direction or some other justice shall oriler them to be killeil, and the owner thereof shall be heid laule for all damages.
SEC. 3. The constable or any other person who may execute the order of any justice [of the peace,] as aforesaid, to kill any such liorse or cattle, shall have one dollar for each head, to be paid by the owner, in each case, if he be known, and, if not, by the county; and, if any officer to whom any such order is directed shall fail to execute it, he shall forfeit, in eaeh case, an amount equal to said fees.
SE. 4. All fines and forfeitures, incurred under the provisions of this act, shall be recoverel by action before a justice of the peace, and all such fines shall be paid into the school funds in and for the township having jurisdiction of the case.
Sec. 5. Nothing in this act shall be so construed as to allow une and Norcm- any person or persons to drive or cause to be driven into or
through the counties of Bourbon, Linn, Lykins and Johnson any drove or droves of cattle from the States of Texas or Arkansas, or the Indian Territory lying south of the Territory of Kansas, between the first days of June and November, in each year; and any person or persons violating the provisions of this section shall, for the first offense be fined in any sum not less than five hundred dollars nor more than one thousand dollars, and, for the second and every subsequent offense, in any sum not less than one thousand dollars nor more than three thousand dollars, at the discretion of the court.
SEC. 6. This act to take effect and be in force from and after its passage.
C. W. BABCOCK,
President of the Council.
S. MEDARY, Governor.
Cattle forbidden to be driven be. tween first of
AN ACT Concerning lost Goods and Estrays.
taking up water
When value ex
der thirty dollars.
Be il enacted by the Governor and Legislative Assembly of
the Territory of Kansas :
SECTION 1. Any person stopping or taking up any kind of Proceedings upon water craft, or timber, logs or lumber adrift upon any water river: course within, or upon the borders of this Territory, or lodged upon the shore or bank thereof, or any stray beast, or finding any money or other personal property, shall proceed therewith as follows:
SEC. 2. If the property does not exceed ten dollars in value, he does not exceed shall put up two written advertisements containing a notice of value. the finding and description of the property, in two public places in the township, where it was found, and file one such notice in the county clerk's office, and, if no owner appears within six months from advertisement, and proves his property and pays the reasonable charges, the property shall vest in the finder.
Sec. 3. If the property exceeds ten dollars, and does not ex- centenant un ceed thirty dollars in value, the finder shall, within five days after the finding, appear before a justice of the peace of the county or the county clerk, and make a written statement, setting forth the time and place of the finding, and a general description of the property, and the officer shall issue his warrant appointing three Justice to appoint disinterested persons to examine the property, and to report under their hands an appraisement with an accurate description of the property, setting forth all marks which may assist to identify it. The report shall be sworn to by the appraisers, and by the finder, also, so far as to state that the property named in it is all which he has found, and that neither the property nor any mark on the same has been altered or defaced by him, or by any other person with his knowledge.
Sec. 4. If the property is appraised at more than ten dollars return to county value, the justice shall return the statement of the finder, his warrant and the report of the appraisers, with the affidavit, to the county clerk, and the clerk shall enter them at large in a book to be kept for that purpose, and shall post a notice contain- and post notice. ing the finder's statement and the appraisers' report on the door of the court house, and the finder shall, also, give such notice as before directed. If the property is appraised at more than ten When property and not more than thirty dollars, and, if no owner appears and or's.
shall becomo find
When exceeds thirty dollars to
County clerk issro warrant to sheriff to sell.
proves his property and pays the charges, within nine months
from the filing the papers with the clerk, the property shall vest in the finder on his paying the costs of the above proceedings, and not before.
Sec. 5. If the appraisement of the property exceeds thirty dolmake publication lars, in addition to the notices above directed, the county clerk
shall publish for four weeks, in some newspaper in his county, or, if there be none, then in some other county, a notice of the time
and place of finding, with the finder's name and a general desProperty to be cription of the property; and, if no owner appears and proves his
property, within twelve months from the time the notices above directed were first published, the finder may take the property, and the right thereto shall be vested in him, if he will pay the expenses and pay one-half the appraised value, deducting the charges, into the county treasury.
Sec. 6. If the finder does not take the property upon the above terms, the county clerk shall issue a warrant under his hand to the sheriff or a constable, to sell the property in the same manner as on execution, and, having deducted the whole charges, to pay
one-half the remainder into the county treasury, and the other surplus of sale.
half to the finder ; but, if the owner appears before the sale takes place, he may still prove his property and pay the charges as above provided, and the sale may be adjourned therefor.
Sec. 7. If the appraisement of the property exceeds one hunproceedingcollars
, dred dollars, and the property does not consist of domestic
animals, it shall be kept two years for the owner's appearance, and the sale provided for in the two preceding sections shall not. take place within that time.
SEC. 8. But, if the property in any of the cases above contemplated consists of domestic animals, and the notice is given or the papers filed in the county office after the first of December, and before the first day of April, nine months shall be required to pass before the proceedings to vest the property in the finder or for a sale to take place shall be had.
Sec. 9. No person is authorized to take up straying animals out of civil town- (save stallions, jacks and trespassing animals,) except in the
civil township in which he resides, nor shall the property in them vest in the finder before the first day of December, if taken up
after the last day of March. Owner may claim Sec. 10. When money other than cost is paid into the county
treasury, under any of the preceding provisions, the owner of the property will be entitled to the money, on making claim thereof
If appraised value exceed one
Domestic animals taken up between first Deo, and first April, require nine months possession.
Straying animals not to be taken up
proceeds of sale for six months.
Certifcate of clerk prima facie
vested except law followed out.
within six months from the time it was paid in, and proving his right to the satisfaction of the county clerk.
Sec. 11. The certificate of the county clerk, the return of a sheriff or constable, or the affidavit of an indifferent person of the evidenco. giving the notices above required, accompanied by one of the notices or a copy thereof, and filed with the clerk, shall be prima facie evidence of the facts stated in the certificate, return or affidavit.
Sec. 12. No property, such as above intended, shall vest in Property capt the finder, unless he has substantially pursued the directions of this chapter.
Sec. 13. If the charges of the finder cannot be agreed upon Charges how setby him and the county clerk, or, when a claimant appears, by him and the finder, they shall be settled by the county clerk or a justice of the peace, upon a case made by the above parties; and, if the finder refuses to make a case, he shall receive no charges, and if the owner refuses, the clerk or justice shall decide without it.
Sec. 14. If such a case be made between the finder and the costs. county clerk, the costs of the case shall be taken from the proceeds of the property; if between the finder and the owner, each shall pay one-half the costs which the clerk or justice may de mand before adjudication.
Sec. 15. If tłre ownership of the property. cannot be agreed caimenajedlostupon by the finder and the claimant, they may make a case be- or county clerk. fore the county clerk or any justice of the peace, who may hear and adjudicate it, and, if either of them refuses to make such case, the other may make an affidavit of the facts which have previously occurred (and the claimant shall also verify his claim in his affidavit,) and the clerk or justice may take cognizance of and try the matter on the other party having one day's notice, but there shall be no appeal from the decision. This section does not bar any other remedy given by law.
Seo. 16. When the property found consists of more than one Value. item or individual, the value above spoken of as governing the proceedings means their aggregate value.
Sec. 17. As a reward for stopping, taking up and securing Rewards. any property as aforesaid, the finder shall be entitled to one dollar at least, and ten per cent. on the appraised value above ten dollars, and his expenses in securing and keeping it. But there shall be no compensation allowed for keeping working animals taken
under this act. Seo. 18. The following charges shall be allowed, viz: To res o charges