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Dissolution not to affect the rights
liabilities have either been paid or secured to the satisfaction of the probate court of the proper county.
SEC. 28. No dissolution of any corporation, under this act, for or against shall invalidate or affect any right, forfeiture or penalty accruing to such corporation, or invalidate or affect any contract entered into or imposed upon such corporation.
Court to appoint a
Oath and bond of trustee.
Condition of bond.
Powers and duties of trustee.
Trustee to mako report.
Duty of trustee when the affairs are closed.
Revenue to be paid to county tribunal.
town treasury, how drawn,
SEC. 29. Whenever the probate court shall dissolve any corporation, they shall appoint some competent person to act as trustee for the corporation so dissolved.
SEC. 30. The trustee, before entering upon the discharge of his duties, shall take and subscribe an oath before some judge or justice of the peace, that he will faithfully discharge the duties of his office, and shall, moreover, give bond, with sufficient security, to be approved of by the court, to the use of such disincorporated town, conditioned for the faithful discharge of the duties of his office.
SEC. 31. The trustee shall, as soon as possible, prosecute or defend to final judgment, all suits instituted by or against the corporation, collect all money due to the same, liquidate all lawful demands against the same, and, for that purpose, shall sell any property belonging to such corporation, or so much thereof as may be necessary, and, generally, do all acts requisite to bring to a speedy close all the affairs of the corporation.
SEC. 32. The trustee shall make a report of his proceedings to the probate court at each term thereof.
SEC. 33. When the trustee shall have closed the affairs of the corporation, he shall pay over to the county treasurer all moneys remaining in his hands, and deliver to the clerk of such court all books, papers, records and deeds belonging to the dissolved corporation.
SEO. 34. The trustee shall receive for his services such compensation as the court shall think reasonable.
SEC. 35. If any town, disincorporated as aforesaid, have an annual revenue accruing thereto, the same shall be paid to the county treasurer by the persons owing the same; and all moneys thus paid, as well as all monoys paid them by the trustee, shall be held and disposed of by the court for the benefit of such town, and may be applied by the court to any specific object, upon the petition of a majority of the taxable inhabitants of such town.
SEC. 36. In all cases where any town in this Territory shall be indebted to any person, on any account whatever, a warrant shall be drawn on the treasurer or other officer having the legal custody
of the moneys of such city or town, for the whole amount found due to such person by the tribunal or officer having the power to audit and allow claims against such city or town, and to draw warrants therefor.
favor of the person to whom the debt is due.
SEC. 37. All warrants, drawn on the treasurer or other proper To be drawn in officer of any city or town, shall be drawn in favor of the to whom the amount thereof shall be allowed, and of no other person.
SEC. 38. All such warrants shall be assignable, and every as- warrants may be signment of any such warrant shall be by indorsement thereon. SEC. 39. This act to take effect and be in force from and after
Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:
SECTION 1. Creditors shall be allowed to receive interest at Legal interest ten the rate of ten per cent. per annum, where no rate of interest is agreed upon, for all moneys after they become due by any instrument of the debtor, in writing, for money or moneys due on settlement of accounts, from the day of liquidating the same, and ascertaining the balance for money recovered for the use of another, and retained without the owner's knowledge of the receipt of the same, for money due and withheld by an unreasonable and vexatious delay of payment or settlement of accounts, and for all other money due or to become due for the forbearance of payment, whereof an express promise to pay interest has been made.
writing for any
SEC. 2. The parties may, in any contract in writing, whereby May contract in any debt is secured to be paid, agree that more or less than ten rate, more or less. per cent. per annum may be received.
Judgments to bear te per cent.
SEC. 3. All judgments of courts of record and justices of the peace shall bear a rate of interest from the day upon which they are rendered, at the rate of ten per centum per annum.
SEC. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed, and this act shall take effect and be in force from and after its passage.
Speaker of House of Representatives.
President of the Council.
Approved February 11, 1859.
AN ACT for the Maintenance and Support of Illegitimate Children.
Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:
SECTION 1. On complaint made to any justice of the peace of this Territory, by any woman resident therein, who shall hereafter be delivered of a bastard child, or being pregnant with a child, which, if born alive, may be a bastard, accusing, on oath or affirmation, any person of being the father of said child, the justice shall take such accusation in writing, and thereupon issue his warrant, directed to the sheriff, coroner or constable of any county of this Territory, commanding him forthwith to bring such accused person before said justice to answer to such complaint, and, on return of such warrant, the justice, in presence of the accused person, shall examine the complainant, under oath, respecting the cause of her complaint, and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification, all of which questions and answers, together with every part of the examination, shall be reduced to writing by the justice of the peace; and if, on such examination, the party accused shall pay, or secure to be paid to the complainant such sum or sums of money or property as she may agree to receive in full satisfaction, and
shall further give bond to the trustees of the township in which Secure township said complainant shall reside, and their successors in office, con- ance. ditioned to save such township free from all charges towards the maintenance of said child, then, and in that case, the justice shall discharge the party accused, out of custody, on his paying Discharge. the costs of prosecution: Provided, That the agreement aforesaid shall be made or acknowledged by both parties in the presence of the justice, who shall, thereupon, enter a memorandum of the same upon his docket.
neglects to bring
SEC. 2. When any woman has a bastard child, and neglects to When the mother bring a suit for its maintenance, or commences a suit and fails suit, supervisors to prosecute to final judgment, the township supervisors, in any township interested in the support of any such bastard child, when sufficient security is not offered to save the township from expense, may bring a suit in behalf of the township, against him who is accused of begetting such child, or may take up and prosecute a suit begun by the mother of the child.
SEO. 3. In case such accused person does not comply with the provisions in the first section of this act contained, the justice, to whom such complaint was made, shall bind such person in a recognizance to appear at the next term of the district court, with sufficient security, in a sum not less than two hundred dollars nor more than three hundred dollars, for the benefit of the township in which such bastard child shall be born, to answer such accusation, and to abide the order of said court thereon, and on neglect or refusal to find such security, the justice shall cause him to be committed to the jail of the county, there to be held to answer to such complaint.
Upon failure to
give security to
be bound over to
SEC. 4. If, at the time of such court, the woman be not deliv- Renewal of recog ered, or be unable to attend, the court shall order the renewal of the recognizance, that the accused person shall be forthcoming at the next term of the court after the birth of the child, at, which the mother of said child shall be able to attend; and the contin uance of such bonds shall be entered by order of said court, unless the security shall object thereto, and shall have the same force and effect as a recognizance taken in court for that pur pose.
Sno. 5. When such accused person shall plead not guilty to Trist. such charge, before the court to which he is recognized, the court shall order the issue to be tried by a jury, and at the trial of such issue, the examination before the justice shall be given in evidence, and the mother of the bastard child shall be admitted as
admitted as wit
a competent witness, and her credibility be left to the jury: When woman not Provided, Always, that no woman shall be admitted as a witness as aforesaid, who has been convicted of any crime which would, by law, disqualify her from being a witness in any other case; and, on the trial of the issue, the jury shall, in behalf of the man accused, take into consideration any want of credibility in the mother of the bastard child; also, any variation in her Of testimony of testimony before the justice, and that before the jury; and, also,
If guilty, to be charged with
any other confession of her, at any time, which does not agree with her testimony or any other pleas or proofs made or produced on behalf of accused person.
Suo. 6. In case the jury find the defendant guilty, or such maintenance of accused person, before the trial, shall confess in court that the accusation is true, he shall be judged the reputed father of such child, and shall stand charged with the maintenance thereof, in such a sum or sums as the court shall order and direct, with payment of costs of prosecution, and the court shall require the reputed father to give security to perform the aforesaid order, and in case the said reputed father shall neglect or refuse to give Failing to give security as aforesaid, and pay the costs of prosecution, he shall be committed to the jail of the county, there to remain until he shall comply with the order of the court: Provided, That such putative father shall not be confined over one year.
security, may be imprisoned.
SEC. 7. When any defendant to a complaint of bastardy shall have been committed to jail on neglect or refusal to find the security required by the third section of this act, or on failure of such defendant to renew his recognizance, as required by the fourth section of this act, it shall be lawful for any officer, authorized to take bail in criminal proceedings, to admit such defendant to bail by recognizing him in such sum and with such securities as such officer shall deem proper, conditioned for the appearance of such defendant before the proper court, to answer the complaint under which he stands charged; and, for taking Fewer of bailor. such bail, the said person may, by special warrant under his hand and seal, require the sheriff or jailor to bring such defendant before him, at the court house of the proper county, at such time as in such warrant the officer may direct: Provided, That, in fixing the amount of bail, the officer admitting the same, shall be governed in the amount and quality of bail required by the third section of this act.
Directors of poorhouse may bring
SEC. 8. When any woman having a bastard child, who now is or may hereafter become a pauper in any county poor house, in any