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AN ACT repealing an Act entitled "An Act supplementary to an Act making an Apportionment for the Fifth Legislative Assembly."

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:


196 repealed.

SECTION 1. That Council Bill number one hundred and ninety- Connell Bill No. six, an act entitled "An act supplementary to [an] act making an apportionment for the Fifth Legislative Assembly," formed at the present Legislative Assembly, be and the same is hereby repealed.

SEC. 2. This act to 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 supplementary to "An Act making an Apportionment for the Fifth
Legislative Assembly of Kansas Territory."

Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:


SECTION 1. That the county of Morris be and is hereby at- Morris and Chase tached to the sixth council district; of Chase to the thirteenth tied.. council district; and both said counties are hereby attached to

the twenty-third representative district.


Speaker of House of Representatives.


counties appor

President of the Council.

Approved February 11, 1859.




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How appointed.

Term of office.

Where office to be



Bond, the amount

of; to be approved

AN ACT providing for the appointment of Territorial Auditor, and prescribing the duties of his office.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. There shall be appointed, at the present session of the Legislative Assembly, and every two years thereafter, by the Governor, by and with the advice of the Legislative Council, a Territorial Auditor, who shall hold his office for the term of two years, and until his successor is duly appointed and qualified.

SEC. 2. The Territorial auditor shall keep his office at the seat of government. He shall be commissioned by the Governor and take the oath [of] office prescribed by law, which shall be filed with his official bond and preserved therewith.

SEC. 3. The said auditor shall give bond to the Territory of by the Governor. Kansas, in a sum not less than twenty-five thousand dollars, with two or more sufficient sureties, to be fixed and approved by the Governor, conditioned that he will faithfully discharge the duties of his office, which bond shall be deposited and filed in the office [of] the Secretary of the Territory.

Sureties to make affidavit of value of his property.

Governor to endorse approval upon the bond.

Auditor to keep a seal of office,



SEC. 4. Each surety, when he shall sign such bond, shall make affidavit, to be endorsed on the bond, of the amount he is worth, after the payment of all the debts for which he is in any way liable.

SEC. 5. The Governor shall cause to be endorsed on the bond his approval thereof, stating the time of such approval.

SEC. 6. The auditor shall keep a seal of office, which shall be used to authenticate all writings, papers and documents, certified from his office.

SEC. 7. The salary of the auditor shall be eight hundred dollars, annually to be audited like other claims on the Territory, and paid quarterly from any money in the treasury, not otherwise Office where kept, appropriated. He shall keep his office at the seat of government, and may receive fees allowed by law, but no others.

and fees.

Duties of auditor.


counts for or

SEC. 8. The auditor is the general accountant of the Territory, and it is his duty: First, To keep and state all accounts between Keep and state ac- the Territory of Kansas and the United States, or any other against Territory. State, or any public officer of this Territory, indebted thereto, or entrusted with the collection, disbursement, or other management of any funds belonging to the same, when they are derivable from, Settle with county or payable into the Territorial treasury. Second, To settle the accounts of all county treasurers, and other collectors and receiv


Keep items of revenue separate.

indebtedness to Territory.

Give certificates Territory when:

of claims against

and report to Leg

Prosecute claims


Furnish instruc

and treasurers of

on treasurer and keep a registry of


ers of Territorial revenues, taxes, tolls and incomes, payable into the Territorial treasury, for each of their official terms, separately. Third, To keep fair, clear and separate accounts of all the revenues, funds and incomes of the Territory, payable into the Territorial treasury, and, also, of all disbursements and investments thereof, showing the particulars of the same. Fourth, To settle the ac- Settle accounts of counts of all public debtors, for debts due the Territorial treasury, and require such persons, or their legal representatives, who have not accounted at the proper time, to settle their accounts. Fifth, To settle all claims against the Territory, and when the law recognizes a claim, (but no appropriation has been made therefor,) to settle the claim and give the claimant a certificate thereof, and report the same to the General Assembly. Sixth, To direct and islative Assembly superintend the collection of all money payable into the treasury, due, when necesand to cause to be instituted and prosecuted the proper actions for the recovery of debts and other moneys so payable. Seventh, To superintend the fiscal concerns of the Territory, and secure their management, in the manner required by law, and to furnish tions to assessors the proper instructions and forms to the assessors and treasurers counties. of the counties, as may be found expedient. Eighth, To draw Draw warrants warrants on the treasurer, for money directed by law to be paid out of the treasury, as the same may become payable; and each warrant shall bear on its face its number, date, amount, the name of the payee, and reference to the law under which it is drawn ; be entered in a book kept for that purpose, in the order of issuance, and as soon as practicable after issuing such warrant, he shall certify the above particulars in relation to it to the treasurer, who is required to enter the same in the same order. Ninth, To have the custody of, and keep all books, papers, records, documents, vouchers, and all conveyances, leases, mortgages, bonds and other securities, appertaining to the fiscal affairs, and the property of the Territory, which are not required by law to kept in some other office, and to have charge of all property of the Territory where no other provision is made by law for its custody. Tenth, To furnish to the Governor, on his requsition, inform- tion to the Govation, in writing, upon any subject connected with his office, and to suggest to the Governor, or the General Assembly, plans for the improvement and management of the public revenue and property. Eleventh, To report to the General Assembly at its Make report to the regular sessions, and at such other times as it may require, a complete statement of the revenue, funds, incomes, taxable property, and other resources of the Territory, and of the property of the Territory known to his office, and of the public revenues and


To keep records,

Vouchers, securities and have

charge of Territo specially provid

rial property not

od for.

Furnish informa



expenditures of the Territory since his last report, up to the first Monday of December, preceding each regular session, with a detailed estimate of the expenditures to be defrayed from the treasury for the ensuing year, specifying each object of expenditure, and distinguishing such as are provided for by appropriations, and such as require to be provided for, and showing the probable deficiency of any former appropriations. Twelfth, To perform all required by law. other duties which may from time to time be required of him by

Perform all duties

May draw warrants for sums not


SEC. 9. When the amount due from the Territory to any person less than ten dol- exceeds twenty dollars, the auditor is directed, if requested, to divide the same into parcels of not less than ten dollars, and to issue warrants for the several sums.


May require statements from Ter

and others.

SEC. 10. The auditor may, at any time, require any person reritorial debtors ceiving money, securities or property, or having the management, disbursement or other disposition of any property, money or securities of the Territory, of which an account is kept in his office, to render statements thereof, or information touching the same in his possession, and any such person refusing or neglecting to render such statement or information, shall forfeit the sum of Every twenty-five dollars, to be recovered by civil action in the name of the Territory.

Sneh persons

upon refusal to

give statement forfeit twenty

five dollars.

Claims to be pre

sented within two years.

Authorized to swear and examine claimants.

Manner of proeeeding against delinquents.

Ten per cent.

damages and interest to be charged.

Failing to pay at the time prescribed, twenty per cent, damages and ten per cent, interest.

SEC. 11. Every claim against the Territory shall be presented to the auditor for settlement within two years after the claim accrues, and not thereafter; and when a claim is so presented, the auditor is authorized to swear and examine the claimant, and any other persons, as witnesses touching the claim, or cause them to answer by affidavit or deposition.

SEC. 12. If any officer, who is accountable to the treasury, in respect to any money or property, neglects to render his account to the auditor, within the time prescribed by law, or if no time be so prescribed, then within twenty days, after being required so to do by the auditor, the auditor shall state an account against him from the books of the auditor's office, charging ten per cent. damages on the whole sum appearing due, and interest at the rate of ten per cent. per annum on the aggregate, from the time when the account should have been rendered, all [of] which may be recovered by an action brought on such account stated, or on the official bond of the officer.

SEC. 13. If any such officer fails to pay into the treasury the amount received by him, within the time prescribed by law, or having settled an account with the auditor, fails to pay the amount due from himself, the auditor shall charge him with twenty per

cent. damages on the amount due, with interest on the aggregate from the time the first sum was payable, at the rate of ten per cent. per annum; and the whole may be recovered by an action brought on either such account stated, or the official bond of the officer, and he shall forfeit his commission.

to legal defence.

SEC. 14. The penal provisions in the preceding two sections, Penalties subject are subject to any legal defence which the officer may have against the account as stated by the auditor; but judgment for costs shall be rendered against the officer in the action, whatever be its result, Jost against ofunless he rendered an account within the time named in the above render accounts. two sections.

Judgment and

ficers who fail to

receivers of pub. settlement with

SEC. 15. When a county treasurer, or other collector or receiver Oath required of of public money, seeks to obtain credit on the books of the audi- lie money upon tor's office, for payment made to the treasurer before giving such auditor. credit, the auditor shall require him to take and subscribe an oath, that [he] has not used or appropriated any of the public money for his private benefit, (further than that which the law allowed him,) nor for the benefit of any other person.

upon persons for made and served.

information, how

SEC. 16. In those cases where the auditor is authorized to call Requisitions upon persons or officers for information or statements, or to render accounts, he may issue his requisition therefor in writing, to the person or officer called upon, allowing reasonable time, which being served as a notice in a civil action, by the sheriff or any constable of the county, in which the person or officer called upon resides, or exercises his office, and returned to the auditor with the service endorsed thereon, shall be evidence of the making the requisition therein expressed.

tion, when, and

SEC. 17. All things pertaining to the auditor's office are at all Subject to inspeetimes open to the inspection of the Governor, the General As- by whom. sembly, or either House thereof, and to any committee thereof appointed to examine into them.

fice borne by Ter

SEC. 18. All books, maps, stationery, furniture, fuel, and other Expenses of ofnecessaries, for [the] use of the auditor's office, are to be furnished ritory. at the expense of the Territory.

troller abolished.

SEC. 19. The office of comptroller of the treasury is hereby office of compabolished; but the present comptroller of the treasury shall hold the office of Territorial auditor, and perform the duties required by this act, until a successor shall be elected under the provisions of this act, and qualified according to law.

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