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AN ACT Providing for the Appointment of Territorial Treasurer and pro

viding for the Duties of his Oflice. Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. There shall be appointed, at the present session of low appolated. the Legislative Assembly and every two years thereafter, by tho Governor, by and with the advice of the Legislative Council, a Territorial treasurer, who shall hold his office for the term of two years and until his successor is duly appointed and qualified.

SEC. 2. The Territorial treasurer shall keep his ostice at the keep ofico at seat seat of government. IIc shall be commissioned by the governor and take the oath of office prescribed by law, which shall be filed with his official bond and preserved therewith.

Seo. 3. The said treasurer shall give bord to the Territory of Station for Kansas, in a sum not less than fifty thousand dollars, with two or more sufficient sureties, to be fixed and approved by the governor, conditioned that he will duly account for all moneys coming into his hands, by virtue of his office, and perform all other duties required of him ly law, which bond shall be deposited and territorial seera filed in the office of the secretary of the Territory.

Sec. 4. Each surety, when he shall sign such bond, shall make Surety to make affidavit, to be indorsed on the bond, [of] the amount he is worth after the payment of all the debts for which he is in any way liable.

SE;. 5. The governor shall cause to be indersed on the bond Governor to apo his approval thereof, stating the time of such approval.

Sec. 6. The treasurer shall keep a scal of office, which shall Keep a sea). be used to authenticate all writings, papers and documents certified from his office.

Seg. 7. The salary of the treasurer of the Territory shall be salary. eigiit hundre i dollars annually, to be audited like other claims on the Territory, and paid quarterly, out of any money in the treasury not otherwise appropriatul; and he may receive fees allowed by law, but no others.

Sec. 8. Ile shall keep his office at the seat of government, and Dutles. it is his duty to keep an accurate account of the receipts and disbursements at the treasury, in books to be kept for that purpose, in wbich he shall specify the names of the persons from whom money

is received, and on what account, and the time thereof. Suc. I. IIe shall enter the memorandum of warrants, issued as Warrants,




Paying out money

certified to him by the auditor, and he shall receive, in payment of public dues, the warrants issued by the auditor, in conformity with law, and redeem such when presented, if there be money in the treasury not otherwise appropriated; and, upon receiving any such warrant, cause the person presenting it to indorse it, and the treasurer shall write on its face the word “redeemed," and enter in his book containing the auditor's memoranda, in the appropriate column, the name of the person to whom in fact paid, the date of the payment and the amount of the interest, if any.

Seo. 10. When any amount is paid into the treasury, the treasurer is required to give the person paying receipts in duplicate, stating the fund to which the money belongs, one of which may be kept by him, and the other must be delivered to the ditor, in order to obtain the proper credit, and the amount shall be charged to the treasurer.

Sec. 11. He shall pay no money from the treasury but upon the warrant of the auditor, and shall pay such warrants in the order of their issuance; or, if there be no money in the treasury from which such warrant can be paid, he shall, upon request of the holder, indorse upon the warrant the date of its presentation, and sign it, from which time the warrant shall bear an interest of eight per cent. per annum, until the time limited in the next section.

Sec. 12. He shall keep a record of the number and amount of the several warrants so presented and indorsed for non-payment, and, when there are funds in the treasury for their payment to an amount sufficient to render it advisable, he shall give notice thereof and to what number of warrants the funds will extend, or the numbers of the outstanding warrants which the funds will pay, by three insertions in a newspaper printed at the seat of government; and, at the expiration of thirty days from the day of the first insertion, the interest on the warrants so notified of being payable shall cease.

SEC. 13. Once in each week, he shall certify to the auditor the number, date, amount and payee of each auditor's warrant taken up by him, with the date when taken up and the amount of interest allowed, if any; and, on the first Monday of April, July, October and December, annually, he is directed to account with the auditor, and deposit in his office all such warrants received at the treasury, and take the auditor's receipt therefor.

Sec. 14. As soon as practicable, after the first Monday of December preceding the regular session of the General Assembly,

Record of warrants.

Certify warrants cancelled.

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Report to goverDor.

ject inspection.

he shall report to the governor the state of the treasury up to that date, exhibiting the amount received and paid out by the treasurer since his last report, and the balance remaining in the treasury.

Sec. 15. It is his duty to submit his books, accounts, vouch- Book to youth ers and funds to the inspection of the governor, the General Assembly, or either house thereof, or any committee of either house, appointed for that purpose, when required thereby.

Seo. 16. The expenses of the treasury are to be audited like Expenses. other claims on the Territory and paid by the Territory.

Sec. 17. This act to take effect and be in force from and after its passage.

Speaker of House of Representatives.


President of the Council.
Approved February 11, 1859.



AN ACT to prevent certain Trespasses.

Be it enacted by the Governor and Legislative Assembly of

The Territory of Kansas:

SECTION 1. If any person shall cut down, injure or destroy, or Treble damages. carry away any tree, placed or growing for use, shade or ornament; or any timber, rails or wood, standing, being or growing on the land of any other person; or sliall dig up, quarry or carry away any stones, ore or mineral, gravel, clay or mould, roots, fruits or plants : or cut down or carry away grass, grain, corn, flax or hemp in which he has no interest or right, standing, lying or being on land not his own; or shall knowingly break the glass or any part of it, in any building not his own; the party so offending shall pay to the party injured treble the value of the thing so injured, broken, destroyed or carried away, with costs.

Sec. 2. If any person shall voluntarily throw down or open leaving open any doors, bars, gates or fences, and leave the same open or los fine du down, other than those that lead into his own inclosure, he shall



May bo sued or indicted.

pay to the party injured the sum of five dollars, and double the amount of damages the party shall sustain, by reason of such doors, bars, gates and fences having been thrown down or opened, with costs.

SE3. 3. All penalties contained in the preceding section may be recovered by action, founded on this statute, or by indictment, at the option of the party injured, in any court having jurisdic. tion of the same; and, when the proceeding is by indictment, such penalties shall be paid into the county treasury.

Sec. 4. This act to take effect and be in force from and after the first day of June next.

Speaker of House of Representatives.


President of the Council.
Approved February 10, 1859.



AN ACT to punish. Trespasses on School Lands.

Catting timler en school lands a misdemeanor.


Be it enacted by the Governor and Legislative Assembly of

the Terrilory of Kansas :

SECTION 1. That any person who shall willfully cut any standing or other timber, on any lands set apart as school lands, for the use of schools, not having acquired a title to said lands, every such person so offending shall be deemed guilty of a mis lemcanor, and, upon conviction thereof, shall be imprisoned in the county jail for a period of not less than three days por more than six months, and shall pay a fine of not less than twenty-five nor more than one thousand dollars, one-half of said fine to go to the party complainant, and the other half to the common school fund; and, in case of the negleet or refusal of the person so convicted to pay the fine above specified, he shall be, in addition to the imprisonment above imposed, confined in the county jail or Territorial prison one day for every dollar thereof, until said fine shall be discharged.

Sec. 2. In all cascs of conviction under this act, if there is no

Rent to scarest

jail within the county where the offense was committed, (or to which it may be attached for judicial purposes,) it shall be competent for the court, before which such conviction was had, to commit the offender to the nearest jail in any other county; and it is hereby made the duty of the keeper of such jail to receive the prisoner so committed, and, in all respects, to proceed with him, as if he had been committed by the proper authorities of the county in which such jail is situated : Provided, That the county in which the offerse was committed shall pay the costs of his confinement.

Seg. 3. It shall be the duty of all sheriffs, justices of the Dnty of officers. peace, constables, school directors and other officers to use all necessary means to convey information to the proper authorities of all trespasses on said school lands.

Sec. 4. An act entitled “An act to grant pre-emption to school lands in certain cases” is hereby repealed.

Seo. 5. This act to take cffect and be in force from and after the first day of June next.

Speaker of the House of Representatives.


President of the Council.
Approved February 10, 1859.



2 Repeaed

; F6v. 229


AN ACT Relating to Townships and Township Officers.

body corporate,

Be il enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. Each organized township shall be a body corpo- Back to workhalip rate, and, as such, may sue and be sued, and may appoint all to. necessary agents and attorneys in that behalf, and shall havo power to purchase and hold real and personal estate for the public use of the inhabitants thereof, and to convey and dispose of the same, and to make all contracts that may be necessary and convenient for the exercise of its corporate powers, and any orders for the sale or disposal of its corporate property, which the inhabitants thereof may deem expelieni.

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