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OF THE
TERRITORY OF KANSAS,
PASSED AT THE FIFTH SESSION
LEGISLATIVE ASSEMBLY;
BEGUN AT THE
CITY OF LECOMPTON,
ON THE 1ST MONDAY OF JAN'Y, 1859, AND HELD AND CONCLUDED
AT THE
CITY OF LAWRENCE.
PUBLISHED BY AUTHORITY.
LAWRENCE, K. T.:
HERALD OF FREEDOM STEAM PRESS.
1859.
L 5303
FEB 25 1932
CONTENTS.
PAGS.
CHAPTER 1. An Act authorizing Actions to be brought in certain cases.
respecting Executors and Administrators-of their appointment
and removal from office.......
... 10
making appropriations for the expenses of the Territory of
Kansas, for the year 1859................
44
to appropriate fifteen hundred dollars for the payment of the
Grand Jurors and witnesses of the special term of Court, called
January 31, 1859 ..............
for the relief of certain persons.....
46
amendatory to an Act making an appropriation to pay the ex-
penses of the Board of Commissioners to investigate Election
Frauds, and granting certain powers to said Board............ 47
to authorize the Governor to employ counsel to defend such of
our citizens as are now confined in jail in Platte county, Mis-
souri ......
........
..........
47
50
to define and establish the Council and Representative Districts
of the Territory of Kansas for the next Legislative Assembly... 48
supplemental to an Act making the apportionment for the fifth
Legislative Assembly................
repealing an Act entitled "An Act supplementary to an Act
making an apportionment for the fifth Legislative Assembly"... 51
supplementary to an Act making an apportionment for the fifth
Legislative Assembly of Kansas Territory......
......
providing for the appointment of Territorial Auditor, and pre-
scribing the duties of his office......
to authorize the Board of Supervisors of Leavenworth, Douglas,
Wyandott, Johnson, Atchison and Lykins counties to issue
bonds, and for other purposes ••
amendatory to "An Act to authorize the Board of Supervisors of
Leavenworth, Douglas, Wyandott, Johnson and Lykins counties
to issue bonds, and for other purposes"......
supplemental to "An Act to authorize certain counties to issue
bonds, and for other purposes".....
to authorize the county and city of Leavenworth to issue bonds
to or take stock in a Railroad Company......
respecting Bonds, Notes and Bills of Exchange..
4
CHAPTER 21. An Act to provide for the adjustment and payment of Claims.
supplementary to an Act entitled "An Act to provide for the
payment of Claims"....
providing for taking a Census-
....
concerning the Plats of cities and towns.
to establish a Code of Civil Procedure...
amendatory to an Act entitled "An Act to establish a Code of
Civil Procedure," passed February, 1859...
74
77
78
80
82
184
to establish a Code of Criminal Procedure.................
185
regulating Crimes and punishment of Crimes against the per-
sons of individuals.
providing for the appointment of Commissioners to take depo-
sitions in other Territories and States.....
providing for the formation of a Constitution and State govern-
ment for the State of Kansas-
authorizing the Council and House of Representatives to punish
for contempt and for other purposes..
regulating Contracts and Promises...
making valid contracts for the sale of improvements on public
lands
respecting Convicts.....
.........
to enable the Trustees of Colleges, Academies, Universities and
other institutions, societies and companies, to become bodies
corporate
requiring the Judge of the second Judicial District to hold a
special term of Court, and for other purposes.
38.
"
19
supplemental to an Act requiring the Judge of the second Judi-
cial District to hold a special term of Court, and for other pur-
poses, passed at the present term of the Legislative Assembly, 329
repealing an Act requiring the Judge of the second Judicial
District to hold a special term, and for other purposes.
defining the Judicial Districts of the Territory, and fixing the
times and places of holding Courts therein..
....... 329
330
41.
42.
for the relief of suitors in Probate Court
332
relating to Counties and County Officers
335
43.
defining the boundary line between the counties of Madison and
Breckenridge, in Kansas Territory..........
357
44.
establishing and organizing the counties of Montana, El Paso,
Oro, Broderick and Fremont, and to define the boundaries
thereof
supplemental to an Act entitled "An Act organizing and estab-
lishing the counties of Montana, El Paso, Broderick, Fremont
and Oro," in the Territory of Kansas, passed January, A. D.
1859...
to organize the counties of Wise, Butler and Chase.
creating and organizing the county of Wyandott....
to provide for the location of the county seat of Anderson
county....
360
361
302
364
366
367
46.
47.
48.
to provide for the location of the county seat of Calhoun county, 368
providing for the location of the permanent seat Justice of Jef-
ferson county.
369
58.
59.
regulating Elections....
regulating contested Elections.
55.
PAGE.
372
CHAPTER 54. An Act to fix permanently the county seat of Johnson county....... 370
to provide for the location of the county seat of Linn county... 371
to incorporate the town and town company of Elmen Daro, and
locate the county seat of Madison county....
to locate the county seat of Marshal county..
locating permanently the county seat of Shawnee county...... 375
organizing and temporarily locating the county seat of Wa-
baunsee county......
57.
temporarily locating the county seats of Wise and Chase coun-
ties, [and changing the name of Wise county to Morris county,] 377
to provide for funding the indebtedness of the Territory..... 377
to amend an Act entitled "An Act to legalize the registry of
Deeds for the city of Topeka," approved February 9, 1858....... 380
concerning Descents and Distributions.
concerning Divorce and Alimony.......
exempting certain Property from sale upon execution or other
process
.....
regulating the Fees of officers, jurors and witnesses.
regulating Ferries......
to prevent the firing of woods, marshes, prairies...
for the prevention of Frauds and Perjuries................
72.
to prevent the mutilation or alteration of Acts and Bills....... 423
relative to Fugitives from justice from other Territories and
States
providing for the time of meeting of the General Assembly.... 427
concerning Guardians and Wards....
regulating proceedings on Writs of Habeas Corpus ·
to provide for locating and working Highways...
regulating inclosures...
for the incorporation of Turnpike Road Companies................
providing for the incorporation of Towns and Villages.
regulating the interest of Money..........
for the maintenance and support of Illegitimate Children......
concerning County Jails....
providing for the selection and summoning of Grand and Petit
Jurors...
494
to relieve the Firemen of the city of Leavenworth from service
on juries, and from poll tax....
to define the duties of Justices of the Peace in cases of breach
of the peace............
499
87.
88.
66
regulating the jurisdiction and procedure before Justices of the
Peace, and of the duties of Constables in civil cases.......... 504
for the re-organization of the Library of the Territory, and to
provide for the appointment of Librarian...
to restrain Dram Shops and Taverns and regulate the sale of
concerning Lunatics and habitual Drunkards
553
557
to protect the rights of Married Women, and in relation to the
liabilities of the marriage relation.......
564
956
95.
to authorize the formation of volunteer Military Companies... 567