Confiscation of property. CHAPTER LXXXI. LIMITATION OF ACTION. AN ACT to provide for the limitation of actions in certain cases therein described. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That in all cases where property, real or personal, or moneys or choses in action, secured by mortgage or unsecured, are or have been seized and confiscated by process of law, under the act of Congress entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, or any amendment thereto, all persons owning or claiming to own such property, moneys, or choses in action, or to have any right, title or estate therein, at or before the time the same was so seized under such act of Congress, and their assigns and legal representatives shall be forever. barred from instituting suit in any court in this State, setting up or claiming any right in the same, as against the judicial decree of condemnation thereof, or when the same is in the hands of any purchaser or sub-purchaser under said judicial decree, unless said suit shall be instituted within the following periods, to wit: As to all such property, moneys or choses, in action heretofore seized and judicially condemned, the time limited for the institution of such suit shall be six months after the taking effect of this act, and not thereafter; and as to all property, moneys or choses in action hereafter so seized and judicially condemned, the time limited for the institution of such suit shall be six months after such decree of condemnation shall have been rendered, and not thereafter. Approved, February 20, 1864. THOMAS CARNEY, Governor. CHAPTER LXXXII. MARKS AND BRANDS. AN ACT to provide for the recording of marks and brands. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That it shall be the duty of the Register of Duty of Register. Deeds of each county to record a description of the marks or brands in a book to be provided for that purpose, with which each person may be desirous of marking his horses, mules, cattle, sheep or hogs; but the same description shall not be recorded for more than one resident of the same county. SEC. 2. That if any person shall willfully mark any of his Penalty. horses, mules, cattle, sheep or hogs with the same mark or brand previously recorded by any resident of the same county, and while the same mark or brands shall be used by any such resident, the person so offending shall forfeit for every such offense five dollars, to be recovered before any justice of the peace of such county. If any person shall willfully mark or brand the horses, mules, cattle, sheep or hogs of any other person with his own brand or mark, the person so offending shall forfeit for every such offense not less than ten nor more than fifty dollars, to be recovered before any justice of the peace of the proper county; and if any person shall willfully destroy or alter any mark or brand upon any horses, mules, cattle, sheep or hogs, the property of another, the person so offending shall, on conviction thereof before any justice of the peace, forfeit and pay for every such offense a sum not less than ten nor more than fifty dollars, and shall, moreover, pay to the injured party double damage. SEC. 3. The Register of Deeds shall be entitled to receive, Fees. for recording any mark or brand and giving certificate of the same, twenty-five cents. plied to school SEC. 4. All forfeitures provided for in this act shall be recov- Forfeitures apered in the name of the State of Kansas, and shall be applied fund. to the school fund of the proper county, as in the case of other fines and forfeitures; and in case of an acquittal of the defendant in any case arising under this act, the complainant shall pay all the costs, and judgment shall be rendered against him therefor; and in no event shall the county be liable for costs in any case arising under this act. Approved, February 3, 1864. THOMAS CARNEY, Governor Probate Court. CHAPTER LXXXIII. ADOPTION OF MINOR CHILDREN, AN ACT to provide for adopting Minor Children. SECTION 1. That any person may appear in the probate court of the proper county, and offer to adopt any minor child or children as his or her own: Provided, such minor and his or her parents, if living and in the State, or guardian appear before such court and consent to such adoption; and if the probate court is satisfied that such consent is free and voluntary, the said court shall make its proceedings of record in the said probate court, declaring said minor child or children the child and heir of such person so adopting such minor, and then and thereafter such person so adopting such minor shall be entitled to exercise any and all the rights of a parent, and be subject to all the liabilities incident to that relation; and such minor child shall be entitled to all the rights of a child and heir of such person, and to assume the surname of the person by whom he or she is adopted: Provided, such probate court may, in case any minor child is under twelve years of age, and has no parents living, if he find, on investigation, that the person proposing to adopt such minor child is unfit to assume the relation of parent to such minor, refuse to permit such adoption to be made. SEC. 2. This act shall be in force from and after its publication in the Topeka Daily 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 Daily Tribune for February 14, 1864. W. W. H. LAWRENCE, Secretary of State. CHAPTER LXXXIV. STATE MILITIA. AN ACT providing for the enrollment, organization, discipline and pay of the Militia. Be it enacted by the Legislature of the State of Kansas : SECTION 1. That all able-bodied white male citizens between Enrollment. the ages of twenty-one and forty-five years, except such as are hereinafter provided for, shall be enrolled in the militia, and shall perform military duty as in this act provided. SEC. 2. That the following persons are exempted from Exemption. enrollment in the militia of the State: first, all persons employed in or about State prisons and houses of correction; second, all citizens who shall, on or before the first day of May in each year, pay to the County Treasurer of the county in which they may reside, the sum of ten dollars for the benefit of schools, and who shall make and file with the County Clerk of their county an affidavit that they have conscientious scruples against bearing arms. SEC. 3. That the Governor of the State shall be commanderin-chief of the militia of the State, and shall have power, by and with the consent of the Senate, to appoint and commission one Appointments. major general and five brigadier generals, and shall have power to fill any vacancies that may occur, until the meeting of the Senate. SEC. 4. That the State shall constitute one division, and shall Division. be divided by the major general commanding into five brigade districts, with power to alter and change the same at pleasure. SEC. 5. Each regiment shall have one adjutant, one quarter- officers. master, one surgeon with the rank of lieutenant, to be approved Appointment. Duty of Quartermaster General. by the colonel and commissioned by the Governor; also, one sergeant-major, chief bugler, to be appointed by the colonel. That each regiment shall consist of not more than twelve nor less than six companies, and shall have one colonel, one lieutenant colonel and one major, to be elected by the captains and lieutenants of the companies composing the regiment. Each company of cavalry, artillery or infantry, shall not cọnsist of less than thirty-two nor more than one hundred rank and file; and each company shall have one captain, one first and one second lieutenant, to be elected by the company and commissioned by the Governor. Each company shall have five sergeants and four corporals, to be appointed by the captain. SEC. 6. The Governor, by and with the consent of the Senate, shall appoint one quartermaster general, with the rank of colonel; one adjutant general, with the rank of colonel; three or more aides-de-camp, with the rank of lieutenant colonel. The major general shall appoint one assistant adjutant general, one assistant quartermaster general, one paymaster general, one engineer-in-chief, one judge advocate general, three aides-decamp with rank of major, to be commissioned by the Governor. Each brigadier general shall appoint one assistant adjutant general, one quartermaster, one commissary, with the rank of captain, and three aids with the rank of first lieutenant, to be commissioned by the Governor. SEC. 7. The quartermaster general shall have the care and superintendence of all the State arms, ammunitions, accouterments, camp equipage and military stores belonging to the State, and shall have power to rent a suitable building for a State armory, and put the same in a suitable condition for such use, and to employ persons to clean and keep in good condition all arms and ammunition belonging to the State, and provide for the transporting of the same to any place they may be ordered by the commander of the division. All requisitions for arms, munitions, and military stores, shall be made on the quartermaster general by the colonels of the regiments, and shall be countersigned by the brigadier general of the district, and by the major general of division. The colonels shall be ordnance officers of their respective regiments. |