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 28, 1864.

W. W. H. LAWRENCE,

Secretary of State.

sioners.

CHAPTER LXXXV.

EXPENSES OF MILITIA.

AN ACT to provide for the expenses of the militia incurred in the protection of the State, in the years 1861, 1862, 1863 and 1864, and payment of the same.

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

SECTION 1. That the commander-in-chief, Auditor and AtBoard of commis- torney General of State are hereby declared a board of commissioners, whose duty it shall be to examine, audit and allow all just claims, properly authenticated and established, of officers and men, and other persons employed in the militia service of the State of Kansas, by order of the Governor or in pursuance of law, in the years 1861, 1862 and 1863, or that may be incurred in 1864, including all claims for printing and other incidental expenses; also, all claims, duly attested and certified, incurred in organizing and equipping volunteers before muster into the United States service, as hereinafter provided.

Shall audit claims.

Duty of officers.

SEC. 2. The commissioners herein provided for shall audit and allow to the officers of the State militia the pay per diem allowed to officers of the United States for like services, for time actually employed in the service of the State, except there shall be no commutation of rations of either officers or men, and no commissioned officer shall be allowed any pay for the use of horse, servant, or commutation for rations for the same; and the private soldier of the militia of 1861, 1862 and 1863 shall be allowed the sum of one dollar per day.

SEC. 3. It shall be the duty of commissioned officers of the several companies to make out in duplicate and forward to the said commissioners, the muster and pay rolls of their respective

companies, verified by affidavit, and shall also have attached to the same a true copy of the order calling them into service. The muster and pay rolls shall contain the number of days each man and officer has been in actual service of the State, and shall fully set forth all the items for which pay is demanded, which affidavit so required shall contain a full statement upon each claim for which pay is required; and, upon the allowance of said claims, they shall be endorsed and approved and signed by the Auditor.

SEC. 4. It shall be the duty of the State Auditor to draw his State Auditor. warrant upon the Treasurer, in favor of the paymaster general, for the amount of all claims allowed on muster or pay rolls, and in favor of the quartermaster general for the amount of all other claims allowed by said commission. Each of said officers shall pay the same in pursuance of the rules provided in the United States army regulations, and under such additional regulations as may be provided by the commander-in-chief.

SEC. 5. Said commissioners may appoint a clerk of their Clerk. board, with such allowance for his services as they may deem proper, and shall make out a detailed report of all allowances made by them under the provisions of this act, and the amount thereof, which report they shall file with the Auditor of State prior to the issuing of any warrant provided for in this act.

SEC. 6. All claims for printing shall be accompanied by a Claims. certificate of the officers ordering the same, which must state the number of times ordered, and that the account is just, but no such order shall be paid for over four insertions, nor above twenty-five cents per line for all insertions; all other accounts must be sworn to by the owner, and certified by the officers incurring the expense or ordering the same, and approved by the commander-in-chief before they shall be audited or paid.

SEC. 7. That, for the purpose of raising a revenue or means to pay the warrants drawn by the State Auditor under the provisions of this act, that one hundred thousand dollars of the bonds of the State of Kansas, with coupons attached, to be Bonds. signed by the Treasurer, shall be issued, payable twenty years from date, and bearing interest at the rate of seven per cent. per annum, payable semi-annually in the city of New York, which bonds shall be signed by the Treasurer, and countersigned by the Governor and Auditor, and have the seal of the

Tax.

Sinking fund.

Investment.

Interest.

State attached, and which bonds shall specify to whom payable, the rate of interest, and the time when the principal and interest shall be paid, and each bond so issued shall not be for a less sum than one thousand dollars.

SEC. 8. The Treasurer of State is hereby authorized and directed to obtain suitable blank bonds, to be issued as provided in the seventh section of this act.

SEC. 9. The proper officers of the State of Kansas shall cause to be levied and collected each year with the other taxes of the State, a sufficient amount to pay the interest as the same accrues, on all bonds issued under the provisions of this act, and also to levy and collect a tax sufficient to create a sinking fund for the final redemption of such bonds, which tax, when paid into the State Treasury, shall be and remain a specific fund for said purpose only, and shall not be appropriated or used in any other way except as herein provided.

SEC. 10. That the tax mentioned in the ninth section of this act, levied and collected to create a sinking fund for the final redemption of the bonds issued under this act, shall be invested annually, if the same can be done advantageously to and for the interest of the State, by the Governor, Auditor and Treasurer of the State, in the bonds of the United States, and in the bonds of this State, at their market value on the New York Stock Exchange, but in no case shall the same be purchased at a higher price than their par value. Bonds of the United States so purchased shall be held and retained by the Treasurer until the principal of the bonds under this act shall become due, and shall then be disposed of at the highest market rates of the New York Exchange, and the proceeds of the sale of such bonds, purchased as aforesaid, shall be appropriated to the redemption of the bonds issued under this act, but all bonds of the State of Kansas, purchased as aforesaid, shall have "Cancelled" written across the face of the bonds, and of the remaining coupons, and the date of the cancellation shall be written on the face of the bonds so cancelled, and the cancelled bonds shall then be deposited with the Auditor.

SEC. 11. That whenever the interest on the above mentioned bonds shall become due, the same shall be paid by the Treasurer of the State upon the presentation of the proper coupons

therefor, at such banking house in the city of New York, as he may previously designate, by notice published in a daily newspaper printed in said city, and the coupons paid shall be cancelled and filed in the Auditor's office by the Treasurer. That all money realized by the State of Kansas, from the bonds issued under this act, after paying all the necessary expense of issuing and negotiating the same, such expense to be paid, however, only on specific appropriations therefor, be and the same is hereby appropriated to the exclusive purpose of paying any portion of the warrants that may be drawn on the Treasurer as provided in section four of this act, and as soon as said money is obtained, it shall forthwith be paid into the treasury of the State.

pledged.

SEC. 12. The credit of the State is hereby pledged to the Credit of State payment of the interest and principal of the bonds mentioned in this act as the same may become due, and it shall be the duty of the State Auditor to register such bonds in a book provided for that purpose, which registry shall show the date, number, amount, and to whom is made payable each of said bonds.

SEC. 13. That the Governor of the State of Kansas be and he is hereby authorized on the part of the State of Kansas, to negotiate said bonds; Provided, always, that the bonds hereby authorized to be issued shall not be sold or delivered for a less sum than ninety cents on the dollar.

SEC. 14. That before any bonds shall be delivered to the Securities. Governor as contemplated in the last preceding section, he shall execute to the State of Kansas a bond in the sum of one hundred thousand dollars, with two or more good and sufficient securities, to be approved by the Attorney General and Treasurer, conditioned for a faithful discharge of his duties as agent under and by virtue of this act, which bond shall be delivered to and filed with the Auditor.

SEC. 15. That the Governor shall sell under this act only a sufficient number of bonds to pay whatever claims may be audited by said Commissioners.

SEC. 16. In case the general government shall assume and refund to the State of Kansas the indebtedness incurred by this act, or any part of the same, it shall be the duty of the

Assumption by

general govern

ment.

Publication..

Governor, Auditor, and Treasurer of the State, to invest said funds in the bonds of the United States, and in the bonds of the State, at their market value on the New York Stock Exchange, but in no case shall the same be purchased at a higher price than their par value. Bonds of the United States so purchased shall be held and retained by the Treasurer until the principal of the bonds issued under this act shall become due, and shall then be disposed of at the highest market rates of the New York exchange, and the proceeds of the sale of bonds shall be appropriated to the redemption of the bonds issued under this act; but all bonds of the State of Kansas, purchased as aforesaid, shall have "Cancelled" written across the face of the bond, and of the remaining coupons and the date of the cancellation shall be. written on the face of the bonds so cancelled, and the cancelled bonds shall be deposited with the Auditor.

SEC. 17. That the sum realized from the sale of said bonds, or so much thereof as may be necessary, is hereby appropriated for the purposes provided for in this act.

SEC. 18. For the purpose of paying the claims provided for in this act, the Paymaster General and Quartermaster General shall, immediately upon receiving the money to pay the same, give notice by publication at least ten days in some newspaper of general circulation, of the time and place of payment, and shall proceed to the county seat of each county in which services have been rendered, to be paid under this act, and there pay the said claims, and all claims not there paid or demanded, shall be thereafter payable at the office of the Paymaster General or Quartermaster General, as the case may require.

SEC. 19. That this act shall take effect and be in force from and after its publication, and it shall be the duty of the Secretary of State immediately upon the approval of this act by the Governor, to have a certified copy published once in the Topeka Daily Tribune, which shall constitute such publication.

Approved, February 23, 1864.

THOMAS CARNEY,

Governor.