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be taken from the judgment of such justice, it shall be his duty to deliver or transmit any bond, bill, promissory note or other written evidence produced before him on trial, to the clerk of the district court to which such cause shall have been appealed, on or before the second day of the term of the court next after taking such appeal: Provided, also, That nothing herein contained shall be construed to lessen or in any wise affect the right which any creditor may now have to demand from any justice of the peace any joint and several obligations for the purpose of prosecuting any party to said obligation, other than the party against whom judgment may have been rendered.
SEO. 202. It shall not be lawful for any justice of the peace No justice shall to purchase any judgment upon any docket in his possession, and, Judgment. for so doing, for every such offense, such justice shall forfeit and Penalty. pay a sum not more than fifty dollars nor less than ten dollars, to be recovered by an action before any court having jurisdiction thereof, and, when collected, shall be paid into the treasury of the township where such offense was committed.
SEC. 203. The provisions of this act do not apply to proceedings in actions or suits pending when it takes effect. They shall be conducted to final judgment and determination in all respects. as if it had not been adopted.
SEC. 204. This act to take effect and be in force from and after the first day of June next.
AN ACT for the Re-organization of the Library of the Territory, and to provide for the appointment of Librarian.
Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:
SECTION 1. It shall be the duty of the Governor of this Terri- How appointed. tory, by and with the consent and advice of the Council, to
Give bond approved by gov
Give receipt to
Receipt filed with treasurer.
Bond how canceled.
Resignation to whom made, vacancy filled.
Board of Commissioners.
appoint a Territorial librarian, who shall hold his office for two years, and until his successor shall be appointed and qualified.
SEC. 2. The librarian, before he enters upon the discharge of his official duties, shall give a bond in the penal sum of two thousand dollars, with good and sufficient security, to be approved by the Governor, made payable to the Territory of Kansas, conditioned that he shall faithfully discharge the duties of librarian, and deliver over, to his successor in office, all books and other property belonging to the Territorial library, according to law and such rules and regulations as may be adopted by the Legislative Assembly.
SEC. 3. Said librarian shall execute and deliver a receipt to the treasurer of the Territory, for all books, maps and other property belonging to the Territorial library, or which may hereafter be purchased for or presented to said library, specifying in said receipt each book or set of books, maps or article of property, separately, which receipt, with the bond given by said librarian, shall be filed in the treasurer's office, and the librarian be held accountable for all said property, and in case of the death, resignation or removal from office of the librarian, all books, maps and other property belonging to the library, shall immediately be delivered to his successor in office, taking his receipt for the same, which shall be filed with the Territorial treasurer, and a credit shall be entered on the receipt of the former librarian, accordingly. But neither the receipt nor the bond of the librarian shall be given up or canceled, unless the whole property in his hands shall have been accounted for, according to law and the rules and regulations for the government of the Territorial library.
SEC. 4. The librarian may be removed by joint resolution of Both Houses of the Legislature, for sufficient cause, which shall be specified in such resolution.
SEC. 5. The resignation of the librarian shall be made to the Governor, who is hereby authorized to appoint a librarian in all cases where a vacancy shall happen during the recess of the Legislative Assembly, and the person so appointed shall give the same bond, sign the same receipt, and discharge all the duties appertaining to said office, in the same manner as though he had been appointed according to the provisions of the first section of this act; and he shall hold his office until the next session of the Legislative Assembly, and until his successor shall have been appointed and qualified.
SEC. 6. The Territorial library shall be under the management
of a board of commissioners, consisting of the governor, secretary of the Territory, librarian, president of the Council and speaker of the House of Representatives.
SEC. 7. The commissioners of the library shall have full power krales. to make any rules and regulations proper and necessary, for the preservation, regulation and increase of the library, not inconsistent with the law which the librarian shall in all things observe, and to superintend and direct all expenditures of appropriations made for the library.
control sale of re
SEC. 8. The said board of commissioners shall control the sale Commissioners of the reports of the supreme court, and all extra copies of sta- ports of supreme tistics and other documents not otherwise appropriated, or otherwise advisable to be preserved and kept in the library, and, for the purpose of making such sale, the commissioners may appoint a suitable person upon such terms as they shall deem best, from salesmen. whom they shall take a bond with satisfactory security, conditional for the faithful performance of his duty, and paying over the proceeds of the sales by him made, and the commissioners shall apply the proceeds of said sales to the increase and preservation of the library.
SEC. 9. The commissioners shall direct the librarian to ex- Exchanges how change statutes, journals, legislative documents, and other books with other legislative bodies and libraries, as they shall deem
access to the
SEC. 10. All persons shall be permitted to visit the library and Who may have examine and read the books there, without taking the books library. therefrom, under such regulations as the board of commissioners shall prescribe. Members and ex-members of the Legislative Assembly, judges of the supreme court, probate and court of common pleas, officers of the Territory and their clerks actually engaged in the service of the Territory, and clerks and sergeantat-arms of the Legislative Assembly, shall have free access to the use of the books of the library, and have the liberty of taking Way of the the same out under such regulations as the commissioners may determine, but no public officer, or other person, having a right to take books out of the library, shall have the authority to give any other person an order to take books out of the same, and, if any person having such right shall give such orders, or otherwise obtain books from the same, to be used by any other person not having the right, such person shall thereupon forfeit all right to take books therefrom.
SEC. 11. The commissioners of the Territorial library shall,
Commissioners to five days preceding the commencement of each regular session of the Legislative Assembly, make a report to the governor of all receipts and expenditures, and of the condition of the library and all other matters in relation thereto, that they may deem expedient for the information of the Legislative Assembly, and said report shall be communicated by the governor to the Legislative Assembly, along with the reports of the executive departments and Territorial institutions.
Present librarian may hold office bow long.
SEC. 12. The present Territorial librarian shall hold his office for the term for which he was appointed, and until a successor is duly appointed and qualified.
SEC. 13. This act to take effect and be in force from and after the first day of June next.
Speaker of House of Representatives.
President of the Council.
Approved February 11, 1859.
Repeal of statutes of 1855.
Repeal of general laws of 1857. Exception.
Repeal of certain laws of 1858.
AN ACT repealing certain Laws.
Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:
SECTION 1. All laws of the Territorial Legislature, passed previous to the first day of January, A. D. 1857, are hereby repealed.
SEC. 2. All laws of a general nature, passed at the regular session of the Territorial Legislature, in the year A. D. 1857, except "An Act more particularly to define the boundaries of the several counties in Kansas Territory," are hereby repealed.
SEC. 3. The following acts passed at the session of the Legislature in the year A. D. 1858, having been supplied by acts passed at the present session, are hereby repealed, to wit: "An Act to authorize the formation of Volunteer Associations," approved February 2, 1858; "An Act establishing the office of County Auditor, and defining the duties thereof," approved Feb
ruary 12, 1858; "An Act declaring certain persons privileged from arrest on Civil Process," approved February 6, 1858; “An Act repealing an act entitled 'an act to authorize Courts and Judges to admit to bail in certain cases," approved February 6, 1858; "An Act relative to the county commissioners of the several counties, forwarding returns and surveys of roads to the secretary's office, and for other purposes," approved February 12, 1858; "An Act authorizing the appointinent of commissioners of deeds in the States and Territories, and prescribing their duties," approved February 8, 1858; "An Act to establish a code of Civil Procedure," approved February 12, 1858; “An Act to establish a code of Criminal Procedure," approved February 12, 1858; "An Act relating to Counties and County Officers," approved February 12, 1858; "An Act to construe certain Statutes," approved February 12, 1858; "An Act for the maintenance and support of Illegitimate Children," approved February 9, 1858; "An Act to Exempt certain Property from Execution and Attachment," approved February 12, 1858; “An Act Regulating the Fees of Officers," approved February 12, 1858; "An Act relative to Fugitives from other Territories and States," approved February 6, 1858; An Act to Suppress Gaming," approved February 12, 1858; "An Act to Regulate the Toll of Grist Mills, and prescribing certain duties of Millers," approved February 2, 1858; "An Act to provide for the Opening, Vacating and Change of Highways," approved February 12, 1858; "An Act concerning County Jails," approved February 9, 1858; "An Act to Regulate the Selection of Jurors, and the Impanneling of Jurors in the Probate Court," approved February 12, 1858; "An Act to define the Statutes in a certain case," approved February 9, 1858; "An Act of the Jurisdiction and Procedure before a Justice of the Peace, and of the duties of Constables in Civil Cases," approved February 12, 1858; "An Act concerning the Assignment of Judgments and Decrees," approved February 8, 1858; "An Act to punish Trespass on School Lands," approved February 9, 1858; "An Act for the Protection of Territorial Lands," approved February 9, 1858; "An Act for the Organization of the Library of the Territory, and to provide for the Appointment of Librarian," approved February 9, 1858; "An Act in relation to Marriage," approved February 11, 1858; "An Act to protect thrights of Married Women, and in relation to the Liabilities ident to the Marriage Relation," approved February 11, 1858; "An Act Fixing the age of Majority," approved February 11, 1858; "An Act Regulat