General Laws of the Territory of Kansas

217

PAGE.
8HERIFF--- Continued.
may act as receiver.......

.. 113
pay proceeds ...

114
Duties of, &c., Incident to Replevin of

Property.
"may be required to take property.... 108
to approve sureties....

108
to take property

PAGE.
SHERIFF-Continued.
may follow prisoner into another coun-

189
on request of person arrested, shall

take him before magistrate ...... 189
shall deliver warrant to clerk of court 190
duty of, on making arrests.... 190
shall summons grand jury......

195
must serve warrants and subpanas... 200
may take recognizance, administer
oath

201
when, may take recognizance. . 201
must accept prisoner surrendered by
surety

.....: 201
must defend prisoner to jail...........

.. 206
to inílict such punishment ag cause re-
quires

......216
power to silinmons posse to assist in

taking or conveying prisoners.... 216
shall execute sentence of death, how: 216
duty, when respite is granted...... 217
sentence of death, how executed, and

.. 150

deed by ·

108
to leave copy of the order with de-
fendant

. 108
liablilty to plaintiff

109
powers of, in executing order

110
Duties of, &c., Incident to Ececution

against Property.
shall first levy on goods and chattels,
then on lands...

.149
when property is claimed by third per-
son

149
may take delivery bond
notice of sale...

. 151
sale of goods

· 151
sale of lands

· 152
See Appraisement.

153
in respect to printer's fees

154
to hold sales at court house

154
cannot purchase.

154
separate levies......

154
further writs to .....

. 154
in respect to deeds for lands sold by
predecessor

.........153
balance beyond execution............ 155
when to return writ of execution .....156
for what causes liable to amercement 157
how amerced...........

.. 157
may return executions, issued out of
the county, by mail.

• 157, 158
but not to send money by mail with-

out instructions..
notice to amerce sheriff of another
county, how given ......

158
proceedings against sureties of.

.....158
attachment against sherili....

.......... 158
may have execution on original judg-
ment......

.....158
may act as master commissioner in

selling specific real property by

order of judginent of court...... 144
when to arrest judgment debtor in pro-
ceedings in aid of execution .....

...159
may receipt for money paid by any

person indebted to the judgment

debtor on execution............. 160
his powers and obligaiions as receiver161
may serve notices of inotions.... ....167
how served, and fees therefor........107
if a party or interested, coroner to
serve process......

...180
Duties generally.
to indorse the time of receiving pro-

181
to execute and return process......... 181
under what penaltieg......

181
to adjourn court from day to day, if
judges do not attend

181
other process and duties.

181
su tering or conniving at escape .204
refusing to execute process. ..264

who may be present..
in case of supposed insanity, to sum-

mon jury io examine prisoner ....217
suspend execution of sentence........217
shali transmit inquisition to governor. 217
shall summons jury to ascertain preg-

nancy of female convict.........218
duty of, is such female is found to be
pregnant

218
to execute search warrant

2:21
to hold property alleged to have been
stolen..

...222
may convey prisoner from one county
to another

223
may summons posse, &c.
guilty of corruption....

224
must execute all processes of district
court

221
to suunmons owners

. 322
shall certify that view has been made 323
expenses taxed in bill of costs..

323
term of office......

.348
to execute bond..

316
conditions of bond

346
sureties of, to make affidavit

316
shall appoint deputy..

346
in case of vacancy :

.8.16
shall have charge of jails and prigon-

......317
shall serve all writs, processes, &C...317
shall attend probate court

.347
shall preserve the peace............ .3.17
shall call aid when necessary.. ...317
shall deliver to successor the jail, pris.

oners and all writs, &c........347
may execute writs remaining in his

hands after expiration of ierin...347
default of deputy shall be breach of
sherill's bond

3.18
action may be brought against admina
istrator of....

3.18
how papers served on ....

.348
shall not act as attorney

318
liable to fine, when

.318
shall not charge greater fees than al.
lowed by law......

318
when coroner sball act ag.

. 34*

..........

2:23

.....158

ers.....

cess .....

PAGE.
SUPERVISORS-Continued.
Board of County.

to consist of one from each town.....335
shall meet annually ·

.335
may hold special meetings... .335
may adjourn from time to time. 335
Powers of
to make orders concerning property of
county....

...335, 336
to examine and settle accounts, &C...336
to build and repair county buildings..336
to provide rooms for county purposes.:36
to apportion taxes

336
to manage county atiairs

336
Special Powers.
to organize boundaries of towne, &C..336
to appoint road commissioners. ...... 336
to change Territorial roads.......... 330
to grant licenscs for ferries, &c......330
bail Dave a seal.....

338
shall sit with open doors

.. 337
shall make rules for transaction of
business

.......... 337
claims against county, proceedings on 338
shall furnish assessor with assessment
rolls ......

.. 339
shall provide books, &c., for county
officers ..........

..339
shall examine orders returned by treas-
urer

.. 339
shall publish yearly report of receipts
an expenditures...

339
Members of, Chairman,
chosen by the board

.....337
to preside at meetings..

..338
to administer oaths.

..........338
shall sign all county orders

338
compensation of

340
penalty for neglect of duty

339
not to be county treasurer.... .353
of Township.
are commissioners of highways and
bridges

. 444
duties of
regulated roads

.444
cause roads to be described and record-
ed

......444
to keep bridge in repair..... ..444
to divide townships into road dis-
tricts

..444
to assign hands to districts.. . 444
to have supervision of overseers....
to assess bigliway taxes...
to lay out new roads

- 444
to discontinue old oneg ..
render account to board of auditors ..444
account repdered to board of auditors,

...444

.444

444

PAGE.

what it must contain ........414, 445
cause guide posts to be erected

.. 445
duty of, to prosecute overseer........447
power of, to appoint overzeer ........447
shall cauze warrant to be filed in office
of township clerk...

...447
meet in each township withing eigh-

teen days after annual ineeting for

assessment of highway taxes....447
to make out separate lists of persons

and property liable to pay tax in
each district.

. 448

SUPERVISORS-Continued.

to sign highway tax list....... 448
shall annex to each highway tax list
a warrant

448
may issue warrant for overseer of
road

.452
to act upon application of six free-
holders

453
when to proceed to lay out highways 453
to give notice of time and place for de-

ciding upon applications ..453
to give five days' personal notice of ap-

plication for laying out road, to
ocenpant of lands.........

.. 453
notice of application for opening road

to be posted in three places for ten
days previons

453
what notice shall specifik

153
to proceed, personally, to examine
new route for road....

454
shall bear reasons for or against lay-
ing out new road....

454
to have six days' notice of meeting of
jury to assess damages...

454
not to act as commissioners when in-
terested ...

. 457
authorized to administer oaths to per-

sous in laying out roads..... .457
appeal from, justice of the peace for

appointment of commissioners.. 457
application for appeal must be in writ-
ing

457
bords for cost must be given by appli-
cant

457
if determination of supervisors not re-

ceived, justice to summons ..... .457
when appeal for refusing to lay out

not reversed, they shall proceed to
lay out road...

458
when road laid out through inclosed or

cultivated land, they shall give
thirty days notice to
fences

......458
may alter United States, Territorial or
State road

...459
appeals from, for altering Territorial

road, &c., to county board, in
thirty days....

... 460
if board sustained, applicant pay
costs

. 460
if appeal sustained, township pay
costs ...,

460
of county, to repair large bridges,
when

462
of township, may put up notices of

fine of one dollar for fast driving
over bridges.....

462
powers of township supervisors

641
powers and duty of chairman....

• 639, 642
what is a quorum of ............ - 642
shall prosecute, when......

.642
chairman of, to make report. .484
penalty of, for neglect

. 484
chairman to publish and enforce ordi-

484
Facancy, how filled....

484
SUPPLEMENTAL PLEADINGS.
when allowed......

..103

renove

lance....

715

PAGE.

PAGE,

....

. 311

UPREME COURT.
may revise the proceedings of inferior

tribunals, by petition filed on leave
of the court or a judge..

• 167, 168
judges of, to frame rules

· 182
JRRENDER.
of letters, when ordered, and how

made
'JRETY.
may be required to qualify by ministe-
rial officer.....

181
qualification of

... ,...182
to be described in judgment against
principal and

..156
rights of, on execution

156
liable, when...

.. 67, 525
may require principal sued ........302
disergeil if condition refused, &c...302
IRETIES, PROCEEDINGS BY.
may inaintain action against principal

to compel him to discharge debt

or liability after due.... ..166
may maintain action before debt or
liability due, whenever surety is sub-
ject to arrest or attachment

. 160
entitled to provisional remedies, as in
other cases......

167
liable when

525
JRVEYOR.
term of office

· 354
shall give bond....

354
may appoint deputies

354
certificate of, received as evidence,
general duties of ......
shall keep record of surveys, &c. ..334
vacancy of, how filled..

- 355
URVIVOR.
among executors or administrators,
how inade...

17
f Actions..

. . 145
URVIVING PARTNER.
when to manage partnership effects.. 18
bond to be given by...

• 16, 17
may be required to account.
when his name may be used
shall exhibit partnership property.

and surrender same, when...
refusing to surrender, penalty
AXES.
time of collecting extended to first day
of June, 1859.

66
supervisors may remit half of county
tax .......

66
Atchison courry authorized to correct

and equal ze assessment for 1858 68
supervisors of Leavenworth county to

collect fo. payment of interesi on
railroad bonds.

70
also, for sinking fund.

70
city council of Leavenworth to collect

for payment of interest on railroad
bonds

70
aiso, for sinking furd

70
collector unlawfully exacting.

269
See Highway Act.
how collected

483
fines and forfeitures, how collected...483
real estate sold for tax......

.484

. 354
354

TAXES_Continued.
act providing for a tax in Pottawatta-
imie county...

..........629
refunded, when

...... 609
warrant renewed, when and how often609
penalty of collector for making false
returns......

...611
fine of, for refusing to give up records 611
duty of officers acting under laws

heretofore existing .. ......611
TEACHER
duty of, to keep register .. ....605

to deposit register, where.. .......605
TEARING.

will, deed or other instrument. ........ 259
TELEGRAPH COMPANY.
manner of formation

....310
name of termini

..311
capitil stock

..311
value of shares

.. 311
secretary of Territory to keep record.311
certified before justice of the peace..311
evidence of corporate existence...

......311
may open books, when..... ......311
notice to be given thirty days ..311
election of directors
annual meeting of stockholders......3!1
stockholders may adopt by-laws. ..311
special meeting of stockholders. 312
when created, authorized to construct,
&c.

..312
TENANCY.
in common ......

289
married woman may convey

• 289
possession under a mortgage. . 289
tenant at will

• 290
notice to tenants.

..290
not aifected by sale of land, when....534

tenant may collect of owner, when...610
TENANT IN COMMON.
of real property, cannot bring action

against co-tenant, unless defend-

ant denies plaintiff's right...... 177
TERRITORIAL ROADS.

from Missouri line to Minneola ......583
act making military roads Territorial
roads

584
from Elwood to Marysville.... .584
from Leavenworth to Fort Riley.....584
from Atchison to Superior...

• 584
from Leavenworth to Burlington.....585
froin Leavenworth to Fort Scott ...585
from Quindaro to Salina.

..585
from Lawrence to Emporia

..585
from Wyandott toward Santa Fe.....585
from Fort Scott to Smoky Hill river.. 585
from Big Blue river to Republican
river ....

· 585
from Leavenworth to Fort Kearney..585
from Wyandott, Quindaro, Leaven-

worth and Atchison to Elwood..588
from Quindaro to Shawnee.. ...588
from Manhattan to Solomon's fork..590
from Leavenworth to Topeka........592

act declaring a Territorial Road.....593
TERRITORIAL SCRIP.
issued since first December, 1857, re-
ceivable for taxes

........

18
17
18
18
18

......

PAGE.

TERRITORIAL TREASURER.
to pay warrants drawn by president of

board of commissioners for inves-

tigating election frauds ..... 47
inaking false entries in books of.... 253
act providing for appointment of, pre-
scribing duties of

.631
TESTIMONY.

as to solvency of securities.......... 12

on application for sale of real estate. 28
THREATENING.

letters, sent with a view to extortion: 242
attempting to influence voter by...... 270
TICKETS.

giving false, to voter at election...... 270
printing or circulating fraudulent, at
election

270
TIME.
To return Summons.
within the county

91
out of county

91
answer or deinur

102
to reply......

102
for pleading may be extended

98
within which to amend of course....

102
of notice to take depositions. 135
to return execution..

139
How compued.

181
Of Trial.
how causes set for trial.

130
when cases to be tried.

130, 131
of commencing Civil Actions.
in general....

83
special statutory limitations to be ob-
served

83
when infants, married women, insane

or imprisoned, may bring action.. 84
for the recovery of real property. 83, 84
other than for the recovery of real pro-
perty

84
if action barred in States, barred here
also ..

85
if commenced in tine, and judgment

reversed, one year to bring a new
action

85
how cause of action may be taken out
of limitation

86
TIPPLING SIŁOP.

keeping open on Sunday............. 278
TITLE.

of a cause unchanged in any stage...100
TOLL.

rate of, fixed by county tribunal

penalty for receiving greater.... 315
TOLL BRIDGE.
burning of......

240
TOOLS.

for counterfeiting, making, having, &c255
for use of road district, not to be used
for other purposes

..451
TOWNS.
may be incorporated

480
corporate powers, how vested

481
to pave streets and side walks

483
proceedings of, against ownerg...... 483
proceedings of, against non-residents.433
TOWNSHIP.
responsible for not keeping roads and
bridgesin repair...

..463

:15

PAGE.
TOWNSHIP-Continued.
persons may sue for and recover dama-

ges for injury for want of repair
of roads and bridges

463
is a body corporate, &c....

635
suit against, how conducied..........636
TOWNSHIP MEETINGS.
when held.......

636
officers to be elected

636
annual meeting, where held.

636
may be adjourned to another place,
when

636
by whom adjourned

636
what meeting may be adjourned 637
first meeting, when and where held..637
shall choose chairman, &c., when....037
meeting may be called when and how 637
special, may be held, for what purpose637
manner of conducting

638
vacancy, how filled....

638
proceedings on opening.

634
may vote to raise money

.636
qualification of electors

636
when challenged, shall take oath .. 639
how opened and closed..

638
TOWNSHIP BOARD.

who shall constitute it ........645
vacancy in, how filled....

.............615
shall meet, when

645
shall examine and audit accounts.... 645
shall make report ...

645
report of, to be read where and by
whom....

....646
accounts audited by board, by whom
paid .....

...646
who shall be clerk of.

646
TOWNSHIP TREASURER.
directed to receive warrants drawn by

president of investigating commi-

tee
and sheriff' to account once a month. 67
continued in office until first of June.. 67
notify each road district overseer be-

tween 15th and 30th April, of
inoney in his bands belonging to
district

452
duty to sue delinquent overseers for
balance unexpended....

453
shall collect taxes ......

602
shall make report, and nature of. 602
shall execute bond, etc..

603
when board to appoint

603
successor to prosecute, when

003
responsible for neglect

603
duties of

643
shall give bond a condition of

643
shall keep account of all moneys.....643
shall, deliver over to successor all
moneys, books, &c.....

643
shall be collector of taxes...

643
TRANSCRIPTS.

must be filed with peiition in error...168
probate judges, justices of the peace
and clerks must furnish

.. 168
may be compelled to do so

168
Of Justice's Jaugment.
inay be filed and docketed...

164
effect of filing ana docketing

. 164

PAGE.

PAGR.

.................

TRANSFER OF PROPERTY.
when judgment may be forbilden to
make

.......161
Of Interest.
of party to action not to abate it..... 87
name of the assignee may be substi-
tuted......

87
TREASURER.
Of County.
term of office...

..352
to execute bond

352
bond, how approved

:52
conditions of bond..

352
may appoint deputy....

.352
county board may appoint.

.353
officers who shall not be

353
duties of.......

..353
shall keep account of receipts and ex-
penditures

.......353
shall exhibit books and vouchers to
county board......

.333
shall receive of town treasurers coun-
ty orders for county taxes......

..353
shall deliver books, money, &c., to
successor ......

351
compensation of ......

354
shall keep office at county seat...... 355
to apportion money ......

010
TREASURY WARRANTS.
drawn by auditor, for certificates or

claim commissioners, when paya-
ble ......

.... 76
of Territory, forgery of.... .........219
TREES.

fruit, burning of......... ....... 240
destroying fruit or ornamental....... 247
TRESPASS.
To Property.

time for commencing action thereon.. 84
act to prevent

.633
act to prevent, on school lands... .634
* TRIAL.
In General.
definition of ..........

123
issues of law tried by the court, those

of fact by jury, unless waived or
referred....

123
other issues by the court...... 123
further time may be allowed for, by
court, after a mercement...

. 103
of action, when revived .....

148
By the Court.
trial by jury may be waived,and cause

submitted to court, when and how 126
court need not state facts specially,

unless exceptions are filed. ...... 126

See Exceptions.
provisions concerning jury trial to ap-
ply

130
By Jury.
right to, of a party, in default of an-

.181
order of trial....

.123
view by jury

· 124
duty of jury, after case submitted 124
separation of jury

124
disagreement of jury........

..25
discharge of jury

•125
manner of delivering verdict •125

TRIAL-Continued.
jury may be polled.....

... 125
verdict must be in writing and signed
by foreman...

.........125
court may correct verdict in form of
verdict....

......125
verdict may be either general or spe-
cial......

125
jury may render a general or special
verdict......

. 125
if special finding is inconsistent with

general verdict, the former con-
trols...

. 126
jury must assess the amount of recov-
ery

126
may be submitted to court........... 208
aliens not allowed to serve on jury...208
in what cases peremptory challenges
allowed....

208
in what cases Territory may chal-
kenge jurors....

.....2.208
persons having conscientious scruples

shall not serve as jurors when the
punishment is death

208
who are and who are not competent
jurors...

208
grand jurors not to serve as petit ju-
rors ......

.....209
witnesses not competent jurors

...... 209
for what cause jury may be challenged209
challenge how tried....

.-209
cause discovered after juror sworn,

may be challenged..... ........ 209
defendant to be present at.

.209
impannelling jury in criminal cases

same as in civil cases ...........209
attendance of witness in criminal case

may be compelled as in civil case209
verdicts may be set aside, &c ........ 209
new trials awarded ...... ...........209
trial for treason

...210
an indictment for felony, when two or

more are included, may be tried

separately or jointly............ 210
exceptions to decisions of court may
be taken......

...........210
when to discharge prisoner.......... 211
when defendant is indicted by wrong,

....211
for what cause courts may quash in-
dictments

211
indictment shall not be nolle prossed,

except by order of the court ...... 211
trial by jury, order of............... 212
one defendant may be discharged, and
testify as a witness...

.212
court may hold defendant to bail when

he has been indicted, county not
having jurisdiction....

212
jury may be discharged....

212
juror must give his evidence to court

and not to his fellow jurors...... 213
court to instruct jury not to converse
out of court

213
manner of charging jury. .......213
jury may find rerdiet without retiring 213
defendant in certain cases to be bro't

into court........ ........215

name ...

swer....

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