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Report read by clerk.

Accounts audited by board, by whom paid.

Township clerk

to be clerk of board; duties.

Compensation of otheers.

township, and an estimate of the sum necessary for the current expenses thereof, the support of the poor and other incidental expenses of the ensuing year.

SEC. 64. Such report shall be publicly read by the clerk at the next ensuing township meeting, and the whole or any part of said report may be referred to a committee, whose duty it shall be to examine the same and report thereon to such meeting.

SEC. 65. The amount of any account audited and allowed by the township board, and the amount of any account voted to be allowed at any township meeting, shall be paid by the township treasurer on the order of the board, signed by the chairman and attested by the clerk, and the clerk shall keep a correct account of all orders issued, with the number, date and amount of cach, and to whom payable.

SEC. 66. The township clerk shall be clerk of the township board, and shall keep a true record of all their proceedings, in his office. He shall file in his office all accounts audited by the township board, and preserve the same for the inspection of any of the inhabitants of the township.

SEC. 67. Supervisors, assessors and clerks of election shall cach be entitled to one dollar and fifty cents per day, for each day actually devoted to the discharge of their duties. The township clerk shall be entitled to such compensation as may be allowed by the township board.

SEC. 68. 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.

Camp Law.

1862-902

11865-169) 18

Repeaced

Who may make
Wills

CHAPTER CXXXI.

AN ACT Regulating Wills.

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

SECTION 1. Any person of full age and sound mind may dispose, by will, of all his or her property, except what is suficient

to pay his or her debts, or what is allowed as a homestead, or otherwise given by law as privileged property.

quently acquired.

SEC. 2. Property subsequently acquired by descent or purchase Property subsemay, also, be devised, when the intention is clear and explicit.

SEC. 3. Personal property to the value of three hundred dol- Verbal willa. lars may be bequeathed by a verbal will, if witnessed by two competent witnesses.

mariner.

SEC. 4. A soldier in actual service or a mariner at sea may If a soldier or dispose of all his personal estate by a will so made and witnessed. A verbal will, under this and the preceding section, to be valid, must be proved within one year after the death of the testator.

SEO 5. All other wills, to be valid, must be in writing, wit- In writing. nessed by two competent witnesses and signed by the testator, or by some person in his presence and by his express direction.

SEC. 6. No subscribing witness to any will can derive any witness. benefit therefrom, unless there be two disinterested and competent witnesses to the same.

SEC. 7. But if, without a will, he would be entitled to any Exception. portion of the testator's estate, he may still receive such portion to the extent in value of the amount devised.

dren.

SEC. 8. Posthumous children, unprovided for by the father's Posthumous chilwill, shall inherit the same as though no such will had been made.

SEC. 9. The amount thus allowed to a posthumous child, as children. well as of that of any other claim which it becomes necessary to satisfy, in disregard of or in opposition to the contemplation of the will, must be taken rateably from the interest of heirs, devisees and legatces.

SEC. 10. The word devisce, as used in this chapter, shall, Definition. when applicable, be construed to embrace legatees, and the word "devised" shall, in like cases, be understood as comprising the the force of the word bequeathed.

SEC. 11. If a devisee die before the testator, his heirs shall Devises. inherit the amount so devised to him, unless from the terms of

the will a contrary intent is manifest.

SEC. 12. Wills can be revoked, in whole or in part, only by Revocation. being cancelled or destroyed by the act or direction of the testator, with the intention of so revoking them, or by the execution of subsequent wills.

SEC. 13. When done by cancellation, the revocation requires Cancellation. to be witnessed in the same manner as the making of a new will.

SEC. 14. Wills duly sealed up and indorsed may be deposited Deposit. with the clerk of the probate court, whose duty it is to file and

Of wills.

Same.

Probate.

Notice.

Recorded.

Foreign wills.

Probate conclu

Copy to execute.

If no executors.

Certificate.

preserve the same until the death of the testator, unless they themselves sooner demand them.

SEO. 15. Any person having the custody of a will shall, at the first stated term of the court after being informed of the death of the testator, bring the same into open court, when it shall be publicly read.

SEC. 16. If he fails to do so, after receiving reasonable notice, he may be brought in by rule and attachment, and committed to jail until he complies, and shall be further liable to any person aggrieved for all the damages sustained by such failure.

SEC. 17. After being thus produced and read, a day shall be fixed by the court for proving the same, which may be postponed from time to time, at the discretion of the court.

SEC. 18. Such notice thereof as the court directs shall be immediately given to all persons interested in the matter.

SEC. 19. After being proved and allowed by the probate court, the will, together with the certificate hereinafter required, shall be recorded in a book kept for that purpose.

SEC. 20. Wills proved and allowed in any other State or country shall be allowed and recorded in any county in this Territory, in which it may be desired to use them, upon the production of a copy thereof to the proper probate court, duly authenticated by the attestation of the clerk of the court in which such bill [will] was proved, together with the certificate of the judge or presiding officers that such attestation is in due form of law. If there be no clerk, such attestation may be made by the judge or presiding officer; and, in all cases, if the clerk or officer making such attestation have a scal of office, such seal shall be annexed to the attestation.

SEC. 21. Wills shall not be carried into effect unless thus allowed, and such allowance is conclusive as to the due execution of the will, unless set aside by an original or appellate proceeding in the district court.

SEC. 22. When proved and recorded, the court shall direct an authenticated copy of the will to be placed in the hands of the executors therein named, or otherwise duly appointed.

SEC. 23. If no executors are named therein, or, if the executors named fail to qualify and act, it shall be retained on file, until an executor or administrator is appointed and qualified, in the manner prescribed by law.

SEC. 24. Wills, when proved and allowed, shall have a certificate thereof indorsed or annexed thereto, signed by the clerk and attested by the seal of the court; and every will so certified, or

the record thereof, or a transcript of such record duly authenticated, may be read in evidence in all courts within this Territory, without further proof.

SEC. 4. 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 9, 1859.

S. MEDARY,

Governor.

JOINT RESOLUTION NO. 1.

Preamble and Joint Resolution in regard to holding the remainder of the
Session at Lawrence.

WHEREAS, The Legislature of the Territory of Kansas is required, by law, to meet at the Capital of said Territory; and, whereas, there is at said Capital such a deficiency of suitable accommodations and other conveniences as to seriously interfere with the progress of Legislative business; and, whereas, suitable accommodations can readily be obtained elsewhere; therefore,

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

meet at Lawrence.

That we do adjourn at twelve o'clock M., on Tuesday, Janu- Adjourned to ary 4, 1859, to meet in the City of Lawrence, Kansas Territory, on Friday, the 7th day of January, A. D. 1859, at twelve o'clock, M., to hold the remainder of the session, and that the Secretary of the Territory be requested to procure suitable rooms for the accommodation of said Legislative Assembly, in said city of Lawrence.

A. LARZALERE,

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

President of the Council.

Approved January 5, 1859.

S. MEDARY,

Governor.

Extension of ses

sion to sixty days Asked of Con

gress.

JOINT RESOLUTIONS NO. 2.

JOINT RESOLUTION asking for an addition of twenty days to the present
Session of the Legislative Assembly of Kansas Territory.

WHEREAS, The Organic Act of Kansas Territory restricts the time for the regular sessions of the Legislative Assembly to forty days, including Sundays; and, whereas, owing to the complex and conflicting condition of the laws of this Territory, passed at the first, second and third regular sessions of the Legislative Assembly, it becomes absolutely necessary to have a complete revision of said laws and extended additional legislation; therefore, Be it resolved by the Governor and Legislative Assembly of the Territory of Kansas:

First, That the Congress of the United States be and the same is hereby respectfully requested to so amend the Organic Act of the Territory as to extend the time of the present session of the Legislative Assembly to the term of sixty days.

Second, That the governor be requested to forward a copy of the foregoing preamble and resolutions to the presiding officers of the Senate and House of Representatives of the Congress of the United States, and to the Hon. Marcus J. Parrott, delegate for Kansas, requesting early attention thereto..

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