U
BONDS, NOTES AND BILLS OF

XX

negotiable by

AN ACT Respecting Bonds, Notes and Bills of Exchange.
Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:

SECTION 1. That all bonds, promissory notes, bills of ex- Bonde, potes &c. change, foreign and inland, drawn for any sum or sums of dorsement and demoney, certain, and made payable to any person or order, or to any person or bearer, shall be negotiable by endorsement thereon, if payable to order, and by delivery if payable to bearer, so as to absolutely transfer and vest the property thereof in each and every indorsee or holder, successively; but nothing in this section shall be construed to make negotiable any such bond, note or bill of exchange, drawn payable to any person or persons, alone, and not drawn payable to order, bearer or assigns.

Sec. 2. That if any such bond, note or bill of exchange shall Defense allowed be endorsed or delivered, as provided in the preceding section, when over dusafter the day on which it is made payable, and the indorsee shall institute an action thereon, against the maker, drawer or obligor, the defendant shall be allowed to set up the same defence as he might have donc, had the same action been instituted in the name and for the use of the person to whom the said bond, note or bill was originally made payable.

Sec. 3. That if any such bond, note or bill of exchange shall provided here mense be endorsed, on or before the day on which the same is made le plaintif had payable, and the indorsee shall institute an action thereon, the before in dorsodefendant may give, in evidence at the trial, any money actually paid on such bond, note or bill of exchange, before the same was endorsed or assigned to the plaintiff, on proving that the plaintiff had notice of the said payment before such endorsement was made and accepted.

SEO. 4. That all bonds, notes or bills of exchange, made ne- Those days grace gotiable by this act, shall be entitled to three days grace in the time of payment.

Sec. 5. That any indorsee or holder, to whom any such bond, Indorsed or holder note or bill of exchange, made negotiable by this act, is made when. payable by such endorsement or delivery, may institute and maintain an action on such bond, note or bill, for the recovery of the money due thereon, (against the maker, drawer or obligor,] or against the endorser, having first used due dilligence to obtain payment of the drawee, maker or obligor.

allowed when indorsed before due

notice of payment

ment.

allowod

Acooptanec to be in writing

On separate paper when to bind acceptor.

Unconditional promise to accept, Tect of

Refusal to writo acceptance on bill, dishonor.

What defined dae Sec. 6. That the demand of payment from the maker or diligence.

drawee, on the third day of grace, and notice of non-payment thereof to to the endorser or drawer, within a reasonable time thereafter, shall be adjudged due diligence under this act, unless the endorsement shall express other conditions.

Sec. 7. No person within this Territory shall be charged as an acceptor of a bill of exchange, unless his acceptance shall be in writing, signed by himself or his lawful agent.

Sec. 8. If such acceptance be written on a paper other than the bill, it shall not bind the acceptor, except in favor of a person to whom such acceptance shall have been shown, and who, in faith thereof, shall have received the bill for a valuable consideration.

Sec. 9. An unconditional promise, in writing, to accept a bill before it is drawn, shall be deemed an actual acceptance in favor of every person to whom such written promise shall have been shown, and who, upon the faith thereof, shall have received the bill for a valuable consideration.

Sec. 10. Every holder of a bill, presenting the same for acceptance, may require that the acceptance be written on the bill, and a refusal to comply with such request shall be deemed a refusal to accept, and the bill may be protested for non-acceptance.

Sec. 11. The preceding sections shall not be construed to impair the right of any person to whom a promise to accept a bill may have been made, and who, on the faith of such promise, shall have drawn or negotiated the bill, to recover damages of the party making such promise, on his refusal to accept such bill.

Sec. 12. Every person upon whom a bill of exchange may be drawn, and to whom the same shall be delivered for acceptance, who shall destroy such bill, or refuse, within twenty four hours after such delivery, or within such period as the holder may allow, to return the bill accepted or non-accepted to the holder, shall be deemed to have accepted the same.

Sec. 13. That all bonds, notes and bills, made negotiable by this act, which shall be drawn for the payment of any sum of money, and such bond, note or bill shall be legally protested for non-acceptance or non-payment, the drawer or drawers, indorser or indorsers, maker or makers, obligor or obligors, shall be subject to the payment of ten per centum damages thereon, if drawn on any person or persons, or body corporate, without the jurisdiction of the United States ; and six per centum damages

Construction of preceding seetiung.

Togtraction or refusal to deliver dill, deemed an 3cceptance.

Damagos on bills, bonds and notes,

on

test shall be

thereon if drawn or made on or by any person or persons, or
body corporate, within the jurisdiction of the United States, or
within the jurisdiction of this Territory; and the bills shall, in
'in all cases, bear an interest at the rate of ten per centum per
annum, from the date of the protest until the money, therein
drawn for, shall be fully satisfied and paid, unless a different
rate is stipulated in the bill, bond or note.

Sec. 14. That it shall be lawful for any person or persons, Who may be sued
having the right to demand any sum of money upon any pro- bond or notu.
tested bill of exchange, bond or note, as aforesaid, to commence
and prosecute an action for principal, damages, interest and
charges of protest, against the drawers or indorserse makers or
obligors, jointly or severally, or against either of them separate-
ly, and judgment shall and may be given for such principal,
damages and charges, and interest upon such principal, after the
rate aforesaid, to the time of such judgment, together with costs
of suit.

Sec. 15. That no damages, on account of protest, shall be re- Damages on precoverable on any bill of exchange, foreign or inland, bond or recoverable, when note, that may hereafter be drawn or made in this Territory, and

which shall be protested for non-acceptance or non-payment • thereof, or which shall contain a waiver of protest, if it shall

have been agreed, understood or intended by and between the
drawer or indorser, and the payee or indorsee of such bill, bond
or note, at the time of its delivery, that the same should or might
be paid at any other place than that upon which it was drawn,
(or by any other person, firm or company than the person, firm
or company upon which it was drawn,) or by whom it was
made.

Sec. 16. That in all actions upon bonds, notes, bills of ex- Parties designat-
change or other instruments of writing, whenever any of the ter, how io be sued
parties thereto are designated by the initial letter or letters, or
some contraction of the Christian or first name or names, it shall
be sufficient to designate such person by the same initial letter or
letters, or contraction of the first name or names, instead of
stating the Christian or the first name or names in full.

Sec. 17. A notarial protest shall be prima facie evidence of Notarial protest

demand and refusal to pay a bond, promissory note or bill of wand, &e. exchange, at the time and in the manner stated in such protest.

Sec. 18. Nothing in this act shall be so construed as to affect This act not to afany suit, now pending, on any bond, note or bill of exchange, made negotiable or affected by the laws heretofore in force in

ed by initial

of de

this Territory, nor to affect the right of any payee, obligee or indorsee of any bond, note or bill of exchange drawn or executed previous to the taking effect of this act.

Sec. 19. This act shall take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of the House of Representatires.

C. W. BABCOCK,

President of the Council.
Approved February 2, 1859.
S. MEDARY,

Governor.

CHAPTER XXI.

AN ACT to Provide for the Adjustment and Payment of Claims.

Three commissionery, how appointed.

Commissioners to fix time and place for sessions and ad jourainents.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That three commissioners shall be appointed as follows: one by the Legislative Council, one by the House of Representatives and one by the Governor of the Territory--whose duty it shall be to audit and certify all claims for the loss of property taken or destroyed, and darnages resulting therefrom, during the disorder which prevailed in this Territory from Nov. 1st, 1855, to Dec. 1st, 18.56.

SEC. 2. Said commissioners shall have power to fix the times and places, when and where their sessions shall be held, and may adjourn from time to time, and from place to place, at their discretion; the presence of two of said commissioners shall constitute a quorum for the transaction of business ; said commis. sioners shall prescribe and publish such rules and regulations, concerning the taking of testimony, as they may deem expedient,

, not conflicting with the laws of the Territory; they shall have

power to send for persons and papers, to preserve order, issue persons and pa- subpænas and enforce the attendance of wisnesses, in tlie same

manner and with like effect as the district courts : Prorided, Claimants to pay That parties seeking to prove their claims, shall pay officers' and

witness' fees in the same manner as required by law in suits in said district court.

Quorum

Rules for testimuny.

Power to send for

clerks to koep re

.

officers.

of

stationery and room paid by

Sec. 3. Before entering upon the discharge of their duties, Commissioners said commissioners and their officers shall

their officers shall each take and take oath. subscribe an oath, before some competent officer, to support the Constitution of the United States and the provisions of the act organizing the Territory of Kansas, and that they will faithfully and impartially perform the duties enjoined by this act, which oath shall be filed with the secretary of the Territory.

Sec. 4. Said commissioners may appoint one or more clerks, der whose duty it shall be to keep a true and proper record of the paper and preserve proceedings before the commissioners, preserve all papers and testimony filed in relation to claims, and perform such other acts pertaining to that office as the commissioners may direct; they pay of clerks and shall be allowed for their services four dollars per day, and ten Mileage. cents for every mile necessarily traveled.

Sec. 5. The compensation of said commissioners shall be five Pay and mileage dollars

per day each, for every day actually engaged in the dis- und expenses for charge of the duties imposed by this act, and ten cents per mile 13 Territory.id for every mile necessarily traveled in the discharge of said duties, and their actual expenditures for stationery, postage and room rent shall be certified by them and audited by the auditor of the Territory, and warrants be drawn therefor on the Territorial treasurer. Warrants shall in like manner be drawn for said commissioners, and their clerk or clerks, for such sums as may become due to them, from time to time, for their services.

Sec. 6. Authority is hereby given to said commissioners to May all vacancies fill any vacancy that may occur in their number, by death, resignation or otherwise, and to administer oaths connected with the duties herein specified, and any person who shall swear falsely on Falso swearing any such investigation, whether a claimant or witness, shall be deemed guilty of perjury.

Seo. 7. It shall be the duty of said commissioners to receive Evidence of preand examine the evidence heretofore [obtained] by the commis- siuner. sioners appointed under the “Act to provide for the Auditing of Claims,” approved February 234, 1857, and they may adopt or reject the same, or any part thereof, as shall, to them, seem just and right.

Sec. 8. The provisions of this act shall only apply to citizens To whom provin of this Territory, and those who were citizens at the time of the losses and damages sought to be proven. Executors and administrators shall be permitted to prosecute claims in behalf of deceased persons.

Sec. 9. Said commissioners may appoint a sergeant-at-arms, serieantrat arms whose duty is shall be to serve all processes issued by the com

deemed perjury.

sions shall apply.