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This act to take effect and be in force from and after its

passage.

Approved February 20th, 1857.

PAY OF OFFICERS.

AN ACT to amend an act to provide for the pay of Officers and others.

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

Additional fees to be allowed offi

SECTION 1. That the act to which this act is amendatory shall be and the same is so amended, as that, in addition to the cers. fees allowed in said act to the several officers in this territory, there shall be allowed the following: First, there shall be allowed to the several sheriffs of this territory, in addition to the fees now allowed for the service of any writ, for travelling to and from the place of his residence to the place of serving such writ, per mile, five cents; second, there shall be allowed to the several constables in this territory, in the place of the fee now allowed by law, for serving every summons, fifty cents, and in addition to the fees allowed for the service of every such summons, for travelling to and from the place of residence of such constable to the place of service of any writ, after having travelled five miles, per mile, five cents; for calling each party in a cause, ten cents; for calling each action, five cents.

allowed.

SEC. 2. The mileage allowed to sheriffs and constables by Mileage to be this act shall be counted for the number of miles actually and necessarily travelled in the performance of the service; and no such officer shall be allowed mileage for more than the actual distance travelled, where he may have served two or more writs, or summoned two or more persons upon the same writ; but in such cases, if such mileage accrues, in different causes, the costs for mileage shall be by the clerk of the court, or justice of the peace, proportionably divided between such several causes in which such costs for mileage may have accrued.

Each officer shall keep a book,

SEC. 3. Each officer, or their deputies, to whom costs are allowed by this act, or the act to which this act is amendatory, &c. shall provide and keep a book, in which they shall enter, under the title of each cause, each item of service by them perform

ed, and shall report them to the clerk of the court or justice of
the peace,
the bill of costs due them in each cause; and if such
officer fail to report, such clerk or justice shall not be required
to tax up the costs of such officer in the cause.

This act to take effect from and after its passage.
Approved February 14th, 1857.

Salary of the enrolling and engrossing clerks, &c.

PAY OF CLERKS.

AN ACT to provide for the pay of Clerks.

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

SECTION 1. The enrolling and engrossing clerks, and such other clerks as may be necessarily employed by the two houses of the legislative assembly, or either of such houses, shall receive the sum of four dollars per day for their services; and the committee on accounts shall certify the number of days to which each of such clerks may be entitled, and, upon the production of such certificate, a warrant shall be drawn on the treasurer of the territory for the amount due; and in the event of payment being made by the United States to any such clerks, it shall be applied to the payment of such warrants.

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

Approved February 20th, 1857.

Part of section 11 repealed.

PRESCRIBING OATHS.

AN ACT prescribing Oaths for officers and others in the Territory of

Kansas.

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

SECTION 1. That so much of the eleventh section of an act entitled "An act to regulate elections," as provided that any

person challenged as a voter may be required to take an oath or affirmation that he will sustain the provisions of the several acts of congress in that section specified, be and the same is hereby repealed.

Oath of officers elected to any of

in this territory.

SEC. 2. All officers hereafter elected or appointed to any office of honor, trust, or profit, under the laws of this territory, fce of honor, &c, shall, before entering upon the duties of such office, take and subscribe an oath to support the constitution of the United States and the provisions of an act to organize the territories of Nebraska and Kansas, and faithfully to demean himself in office, and no other.

SEC. 3. All attorneys at law obtaining a license in this territory, shall take and subscribe an oath to support the constitution of the United States and the provisions of an act to organize the territories of Nebraska and Kansas, and faithfully and honestly to demean himself in his practice.

SEC. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

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

Approved February 17th, 1857.

Oath of attorneys.

All acts inconsistent with this hereby repealed.

TO PUNISH OFFENCES AGAINST SLAVE PROPERTY.

AN ACT repealing the twelfth section of "An act to punish offences against
Slave Property."

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

Twelfth sextion of act to punish

SECTION 1. That the twelfth section of an act entitled "An act to punish offences against slave property," be hereby re- offences against pealed.

This act shall take effect and be in force from and after its passage.

Approved February 5th, 1857.

slave property repealed.

Penitentiary at Lecompton.

LOCATION OF PENITENTIARY.

AN ACT to locate the Penitentiary.

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

SECTION 1. That the penitentiary of the territory of Kansas
be and the same is hereby located at Lecompton, in the county
of Douglas, and so soon as the necessary appropriations shall
be made for the erection thereof, the necessary steps shall be
taken to procure a site and progress with the erection.

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

Approved February 17th, 1857.

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A conviction for any violation of ordinance of town

or city, shall be a

prosecution for same offence.

TO REGULATE PROSECUTIONS.

AN ACT to regulate conflict of Prosecutions in incorporated towns and

cities.

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

SECTION 1. That hereafter, in any incorporated town or city, where a conviction may be had for any violation of any bar to any further ordinance of any such town or city, such conviction shall be a bar to any prosecution before any justice of the peace, or other court, within said town or city, for the same offence, under any law of this territory.

A conviction for any offence under

any statute of this

territory, shall be

a bar to any fur

ther prosecution for same off nce.

When any justice has taken ju

offence, &c.

SEC. 2. Where any conviction shall be had in any incorporated town or city, before any justice of the peace, or other court, for any offence under any statute of this territory, such conviction shall be a bar to any prosecution or procedure against any such person so convicted under or by virtue of any ordinance of such town or city, for the same offence.

SEC. 3. Whenever, in any such incorporated town or city, any risdiction of any justice of the peace or other court shall have taken jurisdiction of any offence under any statute of this territory, it shall bar the jurisdiction of any such town or city under any ordinance for the same offence.

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SEC. 4. And wherever jurisdiction shall have been taken of any offence under any ordinance of any incorporated town or city, such jurisdiction shall be a bar to any jurisdiction or prosecution under and by virtue of any statute of this territory for the same offence.

SEC. 5. Whenever, by the provisions of any charter of any town or city, a jurisdiction shall be given to any mayor or other officer of any such town or city of any offence or offences under the laws of this territory or any statute, it shall be understood to be a concurrent jurisdiction with justices of the peace and other courts, and shall not be so construed as to give any such mayor or other town or city officer any exclusive jurisdiction in any such cases.

Any jurisdiction corporated town all further proseritory.

taken by an in

or city, shall bar cution by the ter

Of jurisdiction of mayors, &c.

SEC. 6. In all cases of prosecution before any mayor or Of appeals. other officer of any incorporated town or city for any offence, whether against or under any statute of this territory, or any ordinance of any such town or city, an appeal shall lie to the district court, or other court having appellate jurisdiction from justices of the peace, in the same manner and to the same extent as provided by law for appeals from justices of the peace. This act to take effect and be in force from and after its passage.

Approved February 23d, 1857.

SUPERINTENDENT OF PUBLIC PRINTING.

AN ACT establishing the office of Superintendent of Public Printing.

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

Office of superintendent of pub

ted.

SECTION 1. That there be and is hereby established in this territory the office of superintendent of public printing, and is printing creathere shall be elected by joint ballot of the legislative assembly at the present session, a superintendent of public printing, who shall hold his office for the term of one year and until his successor shall be elected and qualified.

formed by super

SEC. 2. It shall be the duty of the superintendent of public Duties to be perprinting to see that the work furnished by the territorial prin- intendent. ter is executed in a workmanlike manner, and to measure and

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