ritory unless otherwise provided by law, or determined by the judge hearing or trying the same. County to pay costs in certain SEC. 2. The county in which the indictment is found, or This act to take effect from and after its passage. COMPTROLLER. AN ACT to abolish the office of Auditor of Public Accounts, and to create the office of Comptroller of the Treasury. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: SECTION 1. The office of auditor of public accounts is hereby abolished. Office of audit or abolished. Creates the of fice of comptrol SEC. 2. There is hereby created the office of comptroller of the treasury, and all the powers, duties, emoluments, rights, ler of treasury. restrictions, penalties and privileges heretofore conferred upon the auditor of public accounts by the provisions of an act entitled "An act to establish the treasury department, and to define the powers and duties of treasurer and auditor," are hereby conferred upon, and made applicable to the office of comptroller of the treasury. SEC. 3. There shall be appointed at the present session of the legislative assembly by the governor, by and with the advice of the legislative council, a comptroller of the treasury, who shall hold his office for the term of two years, and until the meeting of the first meeting of the legislative assembly thereafter, and until his successor shall be duly appointed and qualified. SEC. 4. The comptroller shall be entitled to receive the same salary and compensation as is provided for the auditor of public accounts by an act entitled "An act to fix the salary of auditor and treasurer," and the comptroller is hereby required to perform the duties of register of lands. SEC. 5. The comptroller of the treasury shall be ex officio librarian of the territorial library. Comptroller shall be appoint ed by the govertive council." nor and legisla Salary of comp troller. Comptroller ex officio 1brarian. He shall number all warrants issued by him. Treasurer of territory shall in their order. SEC. 6. The comptroller of the treasury shall number all warrants by him issued upon the treasurer of the territory in the order in which the accounts or demands have been audited and allowed, beginning with number one, and continuing until and inclusive of the thirty-first of December of each year; and shall notify the treasurer of the territory immediately of all warrants drawn, specifying number, date and amount, and to whom payable. SEC. 7. The treasurer of the territory shall pay all warrants pay all warrants drawn on him in the order in which they are numbered, and not otherwise; Provided, that if there be money sufficient in the treasury to pay all warrants of a less number than the warrants presented, he shall nevertheless pay such warrants when so presented. This act to take effect and be in force from and after its passage. Approved February 20th, 1857. Any justice may certify the JUSTICES' COURTS. AN ACT to amend an act entitled "An act to establish and regulate Justices' Courts. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: SECTION 1. Any justice of the peace may take and certify acknowledgment the acknowledgment of deeds or other conveyances of any land lying in any county in this territory, whether such land be in the county in which such justice may reside or not. of deeds of land lying in any county in this territory. Every justice shall have juris diction, over what. Number of justices to each township. SEC. 2. Every justice of the peace shall have jurisdiction in all actions of trespass to either real or personal property, and all actions for false imprisonment, malicious prosecution, slander, libel, or other damage or injury to the person or property, real or personal, and all actions of replevin, detinue, trover, or other action, where the amount claimed shall not exceed one hundred dollars. SEC. 3. Each municipal township in this territory shall be entitle to two justices of the peace, unless there be an incorporated city included within its limits, in which case such township shall be entitled to four justices of the peace. SEC. 4. At the general election for members of the legislative assembly for the year eighteen hundred and fifty-seven, and every four years thereafter, the qualified voters of each township shall elect the justices of the peace for such township, who shall hold their offices for the term of four years, and until their successors shall be duly elected and qualified. SEC. 5: Every justice of the peace shall have jurisdiction coextensive with the township in which he is a justice, in all civil matters over which he has cognizance by law, except cases of attachment; Provided, however, that where there are two or more defendants residing in different townships, and process has been served upon any one of them, the justice by whom such process was issued shall be empowered to issue secondary original process, returnable before himself, against the other defendant or defendants. SEC. 6. The defendant, or if more than one, any one of them, may, after one day's notice in writing to that effect served upon the plaintiff or plaintiffs, apply to the justice by whom the process was issued for a change of venue; and upon his filing his affidavit that he believes he can not obtain justice on a trial before such justice, such change of venue shall be awarded to him. SEC. 7. Any justice of the peace may sit and try any cause of which he has jurisdiction, at any other day than his regular law day, by the consent of the parties; and any cause may, by consent of the parties, be continued to any day other than a law day. Any justice may continue his law day from day to day until his business is completed. Either party on trial may intro party as witness. SEC. 8. On any trial before a justice of the peace, it shall be competent for either party to introduce the opposite party as duce the opposite a witness; and if such party shall refuse to testify in any such cause, the party offering such opposite party as a witness shall be a competent witness in such cause; and either party may cause the opposite party to be summoned as a witness; and if such party so summoned fail to appear, or appearing, refuse to testify, the party so causing the other party to be summoned shall be competent to testify in such cause. Sec. 23 of the act to which this act is amendatory, how constru SEC. 9. Section number twenty-three of the act to which this act is amendatory shall be so construed as that the transcript therein provided for may be only a transcript of the judgment ei. upon the justice's docket, without the original papers or process in the cause, and the justice may, upon the return of an All writs of execution issuing from justice's court must be re days. execution, as provided for in said section, with no property found, file the original execution in the office of the clerk of the court in which such transcript may have been filed, at any time, upon the application of the plaintiff. SEC. 10. An execution issued by a justice of the peace may vary from the form prescribed by the act to which this act is turned in sixty amendatory, provided the same be in other respects in conformity with said act; and all writs of execution issuing from any justice of the peace, shall be returned in sixty days after the date thereof, without regard to the amount. Power of constable. In case of forcible entry and detainer. Of the jury. All acts inconsistent with this act repealed. SEC. 11. Any constable in any township shall have power and authority to serve any writ or process in any part of the county in which he is such constable. SEC. 12. Nothing in this act shall be so construed as to require an execution, in case of forcible entry and detainer, or unlawful detainer, to run for sixty days, or to change the law in relation to such execution. SEC. 13. In any trial before a justice of the peace, in any action of forcible entry and detainer, or unlawful detainer, the jury shall, if one be required, consist of six men, or any other number agreed on by the parties. SEC. 14. 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 17, 1857. Time of holding sessions of the supreme court. SUPREME COURT. AN ACT supplemental to an act entitled "An act to fix the time of holding the Supreme Court." Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: SECTION 1. That from and after the passage of this act, the supreme court shall hold a session on the first Monday in June and December annually, in lieu of the time now established, and nothing herein contained shall prevent the said court from holding adjourned terms whenever the judges thereof shall deem it necessary. This act to take effect and be in force from and after its passage. Approved February 7th, 1857. CORPORATIONS. AN ACT to amend certain parts of an act entitled "An act concerning Corporations. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: Certain sections of an act SECTION 1. That sections thirteen, fourteen, sixteen and twenty of an act entitled "An act concerning corporations," repealed. be and the same are hereby repealed. SEC. 2. That so much of section four as prohibits corpora tions from buying, selling and dealing in drafts, notes and bills of exchange, or gold, silver, bullion or foreign coins, is also repealed; Provided, that no corporation shall, by any implication or construction, be deemed to possess banking powers unless such powers are specially granted in its charter. That portion of sec. 4 which pro hibits corporaing, selling, &c., tions from buy also repealed. Provided, no corporation be deemed to pos sess banking This act to take effect from and after the passage thereof. powers, &c. Approved February 17th, 1857. RAILROAD COMPANIES. AN ACT entitled "An act in relation to Railroad Companies." Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: Quantity of land to be held panies. SECTION 1. It shall be lawful for all railroad companies within the territory of Kansas to hold so much land at their sta- by railroad com tions as they may deem necessary; Provided, however, that such quantities shall not exceed one quarter section at any one station; and said companies shall have the right to sell and convey said lands, or any part thereof, at any time after it shall appear that it is the interest of said companies to Subscriptions do so. SEC. 2. That subscriptions to the stock of said companies may be made in may be made in land, in the same manner as in cash; and said land in same manner as in cash. |