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shall be filed and recorded, in the office of the register of deeds, Map to be filed. of the county in which the city or town, or addition is situate.

SEC. 4. The register of deeds shall preserve such map or plat Register of deeds in his office, among the records thereof.

to preserve plat.

If lots sold before

map made out,

SEC. 5. If any person sell, or offer for sale, any lot within any city, town or addition, before the map or plat thereof be made penalty. out, acknowledged, filed and recorded as aforesaid, such persont shall forfeit a sum not exceeding three hundred dollars, for every lot which he shall sell or offer to sell.


SEC. 6. Such maps and plats, of such cities and towns, and Maps sufficient additions, made, acknowledged, certified, filed and recorded with. the register, shall be a sufficient conveyance to vest the fee of such parcels of land as are therein expressed, named or intended, for public uses in the county in which such city or town, or addition is situate, in trust and for the uses therein named, expressed or intended, and for no other use or purpose.

SEC. 7. If any person, his agent or attorney, shall cause a map or plat, of any such city or town, or addition, to be deposited with the register, which does not set forth and describe all parcels of ground, which have been, or shall be promised, or set apart for public uses, and other lots, such person shall forfeit double the value of the ground so promised, or pretended to have been set apart for public uses, and not set forth on the map or plat.-.

If map improperpenalty.

ly made out,


SEO. 8. The forfeitures arising under his act, may be recov- Forfeitures how ered by action with costs, in the name of, and to the use of the county, or by indictment.

for forfeiture..

SEC. 9. The property and effects of the person incurring such property liable forfeiture, may be proceeded against, by attachment or otherwise, in like manner, and for the like causes, as in ordinary cases of debt.

town placed in another county,

ferred to that

SEC. 10. When any town plat shall be filed and recorded with When city or the register of deeds of the county, and by reason of the estab- plat to be translishment of any new county, or the alteration of any county lines, county. the city or town shall fall within a different county, such register shall transmit such plat to the register of deeds of the county within which such city or town may be, and it shall thereupon be recorded by him.

towns heretofore laid out to file plats.

SEC. 11. The plats of all cities and towns, which have hereto- All cities and fore been laid off, or which may hereafter be laid off on the public lands within this Territory, shall be filed with the register, and recorded as aforesaid, which plats shall accurately set forth

All plats heretofore filed to be reoorded.

the streets, squares, alleys, parks and avenues, and the width and extent thereof, which are intended for public use, and, when so filed, they shall be deemed a sufficient conveyance of such streets, squares, alleys, parks and avenues, to such purposes; and any person occupying, or in any wise obstructing such streets, squares, alleys, parks or avenues, shall be held liable for damages as if such streets, squares, parks, or avenues had been absolutely conveyed to public use, as in the third section specified.

SEC. 12. All plats of cities or towns, or of additions thereto, which have been heretofore filed in the office of the register of deeds, or recorder of the proper county, and not recorded, shall be recorded by such register, and he may collect his fees therefor from the proprietors of such city, town or addition, as any other debt.

SEC. 13. This act to take effect and be in force from and after its passage.


Speaker of the House of Representatives.

President of the Council.

Approved February 11, 1859.

58-65 59-187







mp Law/863-4325


L 2 AN ACT to establish a Code of Civil Procedure.

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

5130 SECTION 1. This act shall be known as the code of civil pro

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cedure of the Territory of Kansas.

SEC. 2. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. Its provisions, and all proceedings under it, shall be liberally construed, with a view to promote its object, and assist the parties in obtaining justice.

SEC. 3. Remedies in the courts of justice are divided into: First, Actions. Second, Special proceedings.

SEC. 4. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party, for the enforce

ment or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence.

SEC. 5. Every other remedy is a special proceeding.

SEC. 6. Actions are of two kinds: First, Civil. Criminal.

Second, Kinds of actions.

prosecuted by.

SEC. 7. A criminal action is one prosecuted by the Territory Criminal action, as a party, against a person charged with a public offence, for the punishment thereof.

SEC. 8. Every other is a civil action.

SEC. 9. Where the violation of a right admits of both a civil Not merged. and criminal remedy, the right to prosecute the one is not merged

in the other.



tween suits abol

SEC. 10. The distinction between aetions at law and suits in Distinction beequity, and the forms of all such actions and suits, heretofore ished. existing, are abolished; and in their place there shall be, here- Rut one form of after, but one form of action, which shall be called a civil action.



SEC. 11. In such action, the party complaining shall be known of plaintiff and as the plaintiff, and the adverse party as the defendant.


SEC. 12. There can be no feigned issues; but a question of To be no feigned fact, not put in issue by the pleadings, may be tried by a jury upon an order for the trial, stating distinctly and plainly, the question of fact to be tried, and such order is the only authority tried by a jury. necessary for a trial.



CHAPTER 1. Actions in General.

Questions of fact

actions already

SEC. 13. This title shall not apply to actions already com- Not to apply to menced, but the statutes now in force, shall be applicable to such commenced. cases, according to the subject of the action, and without regard

to the form.

SEC. 14. All acts and parts of acts inconsistent with the pro- Repeal. visions of this act are repealed.

When civil acmenced.

tions to be com

SEC. 15. Civil actions can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued; but where, in special cases, a different limitation is prescribed by statute, the action may be commenced accordingly. CHAPTER 2. Actions for the recovery of Real Property. SEC. 16. An action for the recovery of the title, or possession Limitation of acof lands, tenements or hereditaments, can only be brought erty.

tions on real prop

When to have additional time.

Forcible entry and detainer

within twenty-one years after the cause of such action shall have


SEO. 17. If a person, entitled to commence any action for the recovery of the title or possession of any lands, tenements or hereditaments, be, at the time his right or title shall first descend or accrue, within the age of twenty-one years, a married woman, insane or imprisoned, every such person may, after the expiration of twenty-one years from the time his right or title first descended or accrued, bring such action within ten years after such disability is removed, and at no time thereafter.

SEC. 18. An action for the forcible entry and detention, or within five years. forcible detention only, of real property, can only be brought within five years after the cause of such action shall have accrued.

Limitations on

civil actions oth

CHAPTER 3. Actions other than for the recovery of Real

SEC. 19. Civil actions, other than for the recovery of real er than for recov- property, can only be brought within the following periods: SEC. 20. Within three years: An action upon a speciality, or any agreement, contract or promise, in writing.

ery of real property.

Actions upon

statute to be lim


SEC. 21. Within three years: An action upon contract, not in writing, express or implied; an action upon a liability created by statute, other than a forfeiture or penalty.

SEC. 22. Within two years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of the plaintiff, not arising on contracts and not hereinafter enumerated; an action for relief on the ground of fraud the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud.

SEC. 23. Within one year: An action for libel, slander, asited by the stat-sault, battery, malicious prosecution, or false imprisonment; an action upon a statute for a penalty or forfeiture; but where the statute giving such action presents a different limitation, the action may be brought within the period so limited.

Actions upon official bonds of

istrators within

ten years.

SEC. 24. An action upon the official bond or undertaking of executors, admin- an executor, administrator, guardian, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, arrest, or in any case whatever required by statute, can only be brought within ten years after the cause of action shall have accrued, but this section shall be subject to the qualification in section fifteen.

within ten years

SEC. 25. An action for relief, not hereinbefore provided for, Actions for relief can only be brought within ten years after the cause of action shall have accrued.

to run against

twenty-one years

of age.

SEC. 26. If a person, entitled to bring any action mentioned Limitations not in this chapter, except for a penalty or a forfeiture, be, at the persons under time the cause of action accrued, within the age of twenty-one years, a married woman, insane or imprisoned, every such person shall be entitled to bring such action within the respective times limited by this chapter, after such disability shall be removed.

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Actions consider

ed commenced at

date of summons.

SEC. 27. An action shall be deemed commenced within the meaning of this title, as to each defendant, at the date of the summons which is served on him, or on a co-defendant, who is a joint contractor, or otherwise united in interest with him; where service by publication is proper, the action shall be deemed commenced at the date of the first publication, which publication must be regularly made. An attempt to commence an action shall be deemed equivalent to the commencement thereof, within the meaning of this title, when the party faithfully, properly and diligently endeavors to procure a service; but such attempt must within sixty be followed by service within sixty days.

SEC. 28. If, when a cause of action accrues against a person, he be out of the Territory, or has absconded or concealed himself, the period limited for the commencement of the action, shall not begin to run until he comes into the Territory, or while he is so absconded or concealed; and if, after the cause of action accrues, he depart from the Territory, or abscond or conceal himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought.

Service must be


Limitations not sconding or con

to run against abcealed persons.

elsewhere, not

SEC. 29. Where the cause of action has arisen in another state Actions outlawed or country, between non-residents of this Territory, and, by the valid here." laws of the state or country where the cause of action arose, an action cannot be maintained thereon by reason of lapse of time, no action can be maintained thereon in this Territory.

may be brought.

SEC. 30. If any action be commenced within due time, and a when new action judgment thercon for the plaintiff be reversed, or if the plaintiff fail in such action, otherwise than upon the merits, and the time limited for the same, shall have expired, the plaintiff, or if he die and the cause of action survive, his representatives, may commence a new action within one year after the reversal or failure.

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