« ПретходнаНастави »
to provide for the foreclosure of Mortgages..
changing the name of the town and township of Brownsville to
authorizing the Governor of Kansas Territory to offer rewards
to establish a Territorial Road from the State line of Missouri,
commencing on the boundary line between Lykins and Johnson
adopting the Common Law as the rule of action in this Territo-
ry, and regulating the authentication of Statutes and the taking
providing for raising of a Tax in Pottawattamie county.
providing for the appointment of a Territorial Treasurer, and
to locate a Territorial Road from Leavenworth to Topeka..... 592
to declare a certain Road a Territorial Road.....
to provide for the organization, supervision and maintenance of
supplementary to an Act to provide for the organization, super-
vision and maintenance of Common Schools......
declaring the office of Sheriff of Doniphan county vacant...... 612
to authorize the Sheriffs of the several counties to serve certain
2. Joint Resolution asking an additional of twenty days to the pres-
ent Session of the Legislative Assembly of Kansas Territory... 650
3. Joint Resolution requesting Congress to attach that portion of Ne-
braska Territory south of Platte river to Kansas Territory.... 65-0
4. Joint Resolution requesting the Governor to issue a Proclamation, 65
I, HUGH S. WALSII, Secretary of the Territory of Kansas, do hereby certify that the printed Acts contained in this volume, are true copies of the enrolled laws on file in my office, which were passed at the session of the Legislative Assembly of said Territory, held in the months of January and February, A. D. 1859, with the exception of the correction of clerical errors. Given under my hand and the great seal of the Territory, at Lecompton, this 1st day of June, A. D. 1859.
HUGH S. WALSH.
AN ACT authorizing Actions to be brought in certain Cases.
Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:
death of party.
SECTION 1. That whenever the death of a person shall be Action to survive caused by wrongful act, neglect or default, and the act, neglect or default is such as could, [if death had not.ensued,] have entitled the party injured, to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amicunt, in law, to murder in the first or second degree, or manslaughter. SEC. 2. Every such action shall be brought by and in the Brought in name name of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow, if there be one, and next of kin of such deceased person, and shall be distributed to such widow and next of kin, in the proportion provided by law in relation to the distribution of personal estate left by persons dying intestate; and in every such action the jury may give such damages as they may deem fair and just, not exceeding ten thousand dollars: Provided, That every such action shall be commenced Commenced 12 within two years after the death of such deceased person. SEO. 3. This Act shall take effect and be in force from and
after the first day of June next.
Speaker of the House of Representatives.
C. W. BABCOCK,
President of the Council.
Approved February 8, 1859.
Where letters are
to be granted.
AN ACT respecting Executors and Administrators, of their appointment and removal from office.
Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:
SECTION 1. The probate courts, and the clerks thereof in vaby whom granted. Cation, shall grant letters testamentary and of administration. SEC. 2. Letters testamentary, and of administration, shall be granted in the county in which the mansion house or place of abode of the deceased is situated. If he had no mansion house or place of abode at the time of his death, and be possessed of lands, letters shall be granted in the county in which the land, or a part thereof, lies. If the deceased had no mansion house or place of abode, and was not possessed of lands, letters may be granted in the county in which he died, or where the greater part of his estate may be. If he died out of the Territory, having no mansion house; place of abode, or lands in this Territory, such letters may be granted in any county.
Who shall not be
an executor or ad-
Who entitled to
When letters may
be granted to oth-
Citation may be
issned to persons
SEC 3 All orders, settlements, trials and other proceedings, entrusted by this Act to the probate court, shall be had or made in the county in which the letters testamentary, or of administration, were granted.
SEC. 4. No judge or clerk of any probate court, in his own county, or his deputy, and no person under twenty-one years of age, or of unsound mind, shall be executor or administrator; no married woman shall be executrix or administratrix, nor shall the executor of an executor, in consequence thereof, be executor of the first testator.
SEC. 5. Letters of administration shall be granted, first, to the husband or wife, or to those who are entitled to distribution of the estate, or one or more of them, as the court, or clerk in vacation, shall believe will best manage and improve the estate. SEC. 6. If no such persons apply for such letters within sixty days after the death of the deceased, letters may be granted to any person whom the court, or clerk in vacation, shall consider most suitable.
SEC. 7. The probate court, or clerk thereof in vacation, on to appear deemed application of any person interested, may issue a citation to the persons entitled to administration, calling on them to administer, and if they fail to take out letters within thirty days after the service of the citation, or if the persons entitled to preference, file