time he shall have served, and, on presentation of said certificate or certificates to the clerk of the proper city or town, it shall be the duty of said clerk to file the same in his office, and give his certificate, under seal, to the person entitled thereto, setting forth the name of the company or companies of which such person may have been a member, and the length of time he has served in each company; and such certificate shall be received in all courts and places as prima facia evidence that said person is entitled to the exemptions hereinbefore mentioned; and, if the president, foreman or captain of any company aforesaid shall knowingly grant any illegal certificate, under the provisions of this act, he shall be deemed guilty of a misdemeanor, and subject to a penalty in amount not less than fifty nor more than five hundred dollars for each offense, to be collected before any court having competent jurisdiction, and, when collected, to be paid into the treasury of the city where the offense was committed.

Approved, February 17, 1864.

THOMAS CARNEY,

Governor.

CHAPTER LXIII.

GEOLOGICAL AND MINERALOGICAL SURVEY.

AN ACT providing for a Geological and Mineralogical Survey. Be it enacted by the Legislature of the State of Kansas:

SECTION 1. The Governor is hereby authorized to appoint, with the consent of the Senate, a State Geologist for the State of Kansas, whose term of service shall commence on the first day of March, A. D. 1864, and end on the first day of March, A. D. 1865.

SEC. 2. The State Geologist shall procure the necessary Duties of regents and all the requisite apparatus for quantitive and qualitative analysis. He shall procure the necessary assistance and proceed to classify the rocks and soils of each county

Governor to appoint.

Compensation.

Annual report.

Oath.

Power to remove.

of the State. He shall visit and analyze the salt springs already discovered, and use due diligence in efforts to discover others. He shall investigate coal formations and other mineral deposits, by the various appliances known to the departments of geology and mineralogy. He shall analyze the soils in the several settled counties, report their depth and show their adaptation for the growing of particular grains and grasses. He shall immediately report any important discoveries of valuable deposits or other matters of great importance to the State. He shall, during the current year, collect and label a geological cabinet, illustrating the geology of Kansas, and shall deposit the same with the State Librarian.

SEC. 3. He shall, between the first day of November and the first day of December, A. D. 1864, make and deliver to the Governor his annual report, which shall contain a complete detail of his labors and discoveries during the year.

SEC. 4. The Governor is hereby authorized to direct the Auditor of the State to draw his orders on the State Treasurer for such sums as, in his judgment, may be necessary for the successful prosecution of the survey, said sums not to exceed in the aggregate thirty-five hundred dollars during the year. These orders shall be marked "Geological Survey:" Provided, that no bills or services rendered, or expense incurred by the State Geologist, shall be paid until a detailed statement, specifying the number of days' service, and the items of expenses verified by affidavit, and approved by the Governor and filed with the Auditor of State.

SEC. 5. Before entering upon the duties of his office, the State Geologist shall enter into bond to the State of Kansas in the sum of five thousand dollars, with security to the satisfaction of the Governor of the State, conditioned that he will faithfully and properly perform the duties of his office, and he shall take and subscribe the following oath:

"I,-, State Geologist for the State of Kansas, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Kansas, and faithfully discharge the duties of my office as prescribed by law, according to the best of my ability."

SEO. 6, The Governor shall have power to remove such

appointee for incompetency or neglect of duty, and to fill all vacancies that may occur by death or otherwise.

SEC. 7. This act shall be in force from and after its publication once in the Topeka Tribune.

Approved, February 10, 1864.

THOMAS CARNEY,

Governor.

I hereby certify the foregoing to be a true copy of the enrolled law on file in my office, and that the same was published in the Topeka Tribune for February 15, 1864.

W. W. H. LAWRENCE,

Secretary of State.

CHAPTER LXIV.

ABOLISHING GRAND JURIES.

AN ACT to abolish Grand Juries, and to provide for the trial of offenses upon information.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That the courts in the several counties of this State that now have jurisdiction to try offenses under indictment, shall possess, and may exercise the same power and jurisdiction to hear, try and determine prosecutions upon infor- Prosecutions upmation, for criminal misdemeanors and offenses, to issue writs and process, and to do all other acts therein, as they now possess, and may exercise in cases of like prosecutions upon indictment.

on information.

court time.

SEC. 2. All information shall be filed during term in the To be filed in court having jurisdiction of the offense specified therein by the prosecuting attorney of the proper county or district, as informant; he shall subscribe his name thereto, and endorse thereon the names of the witnesses known to him at the time of filing the same, and at such times before the trial of any case, as the court may by rule or otherwise prescribe. He shall also

Verification.

endorse thereon the names of such other witnesses as shall then be known to him.

SEC. 3. All information shall be verified by the oath of the prosecuting attorney, complainant or some other person, and the offenses charged therein shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases. Different offenses and different degrees of the same offense may be joined in one information, in all cases where the same might be joined by different counts in one indictment, and in all cases a defendant or defendants shall have the same rights as to all proceedings therein as he or they would have if prosecuted for the same offense upon indictment.

Criminal code to SEC. 4. The act entitled "An act to establish a code of crimbe applied. inal procedure," approved February 9, 1859, and all other provisions of law applying to prosecutions upon indictments to writs and process thereon, and the issuing and service thereof, to motions, pleadings, trials and punishments, or the execution of any sentence, and to all other proceedings in case of indictment, whether in the court of original or appelate jurisdiction, shall, in the manner and to the same extent, as near as may be, apply to information and all prosecutions and proceedings thereon.

Recognizance.

Duty of prosecuting attorney.

SEC. 5. Any person who may, according to law, be committed to jail, or become recognized or held to bail with securities for his appearance in court to answer to any indictment, may in like manner so be committed to jail, or become recognized and held to bail for his appearance to answer to any information, as the case may be.

SEC. 6. It shall be the duty of the prosecuting attorney for the proper county, to inquire into all cases of preliminary examinations as provided by law, touching the commission of any offense, wherever the offender shall be committed to jail, or become recognized or held to bail, and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe and file with the clerk of the court, a statement in writing, containing his reasons in fact and in law for not filing an information in such case, and such statement shall be filed at and during the term of the court at which the offender shall be held for appearance.

unless directed

SEC. 7. Grand juries shall not hereafter be drawn, summon- No grand jury ed or required to attend at the sittings of any courts of this by court. State, as provided by law, unless the Judge thereof shall so direct by writing, under his hand and filed with the clerk of said court.

may be filed.

SEC. 8. No information shall be filed against any person for How information any offense until such person shall have had a preliminary examination therefor, as provided by law, before a Justice of the Peace, or other examining magistrate or officer, unless such person shall waive his right to such examination: Provided, however, that information shall be filed without such examinations against fugitives from justice. Any fugitives from justice against whom an information may be filed, may be demanded by the Governor of this State of the executive authority of any other State or Territory, or of any foreign government in the same manner, and the same proceedings may be had thereon as provided by law in like cases of demand upon indictment filed: And provided further, that the District Judge may, upon information or affidavits with him filed, of the commission of crime, require the prosecuting attorney to prosecute any criminal, by information, for such crime, and may compel by attachment, fine or imprisonment, the compliance with this section.

cases.

SEC. 9. In all cases where the prosecuting attorney shall file No fees in certain an information under this act, and shall fail to convict the offender, he shall be entitled to no fees in the case.

SEC. 10. This act shall take effect and be in force from and after its publication in the Topeka Tribune.

Approved, February 12, 1864.

THOMAS CARNEY,

Governor.

I hereby certify the foregoing to be a true copy of the enrolled law on file in my office, and that the same was published in the Topeka Tribune for February 16, 1864.