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for Treasurer of 1860.

fifty cents ; for R. B. Mitchell, late Treasurer, six hundred dol- Appropriation lars; for George S. Hillyer, for cash, thirty-five dollars and seventy-five cents ; for Kellum Brothers, for sundries, five dollars and seventy-five cents; for F. Bier, for sundries for State officers, one hundred and ten dollars ; for Drake & Bro., for stationery, forty-six dollars and seventy-five cents; for Jacob Smith, for sundries for State officers, one hundred dollars; and for I. B. Billings, candles for Secretary of State, ten dollars ; for Gunn and Mitchell's maps, ninety-three dollars and seventyfive cents; for N. M. Johnson, for sundries, eight dollars and eighty-eight cents; for J. W. Robinson, for cash advanced, one hundred and twenty-seven dollars and fifty cents ; for I. R. Coolidge, for sundries, twenty-one dollars and sixty-four cents ; for A. Gunther, for translating Governor's message, twenty-five dollars ; for Ludington, for teaming, forty dollars ; for V. R. Blush, for teaming, forty-eight dollars ; for Anderson & Niceley, for sundries, forty-six dollars and seventy-one cents; for Farran, for his map, one hundred dollars; for N. M. Johnson, for repairing desks for Senate, sixteen dollars; for State library, two hundred dollars; for selecting lands granted to the State by the United States, fifteen hundred dollars; for B. F. Derson, for teaming, twenty-four dollars ; for Wykoff & Stringham, for fitting up Auditor's room, seventeen dollars and thirty cents; for contingent expenses for State convicts, five thousand dollars.

SEC. 2. The Auditor of State is hereby authorized to is- Audit me authorizsue warrants upon the Treasurer of the State for the purposes much of those apand amounts specified in the first section of this act, or so much may be necessary.. thereof as may be necessary to liquidate all such accounts which may be presented to him, properly authenticated by affidavit.

SEO. 3. This act shall take effect and be in force from and When to take efafter its publication.

Sec. 4. The Secretary of State shall immediately, upon the beachtlich shall approval of this act by the Governor, cause the same to be published in the “ Topeka Daily Record,” which shall constitute such publication.

Approved June 4th, 1861.

I hereby certify that the above bill became a law by publication in the “ Topeka State Record,” June 6th, 1861.

J. W. ROBINSON,

Secretary of State.

CHAPTER II.

AN ACT providing for the election of District Attorneys, and defining their

Duties.

Term of office of the Distriot Att'y.

Shall appear in
District Court in

tions.

Be it enacted by the Legislature of the State of Kansas :

SECTION 1. That, at the next general election after the passage of this act, and at the general election in every second year thereafter, there shall be elected, in each judicial district in the State, a district attorney, who shall hold his office for the term of two years, and until his successor shall be elected and qualified.

SEC. 2. That it shall be the duty of the district attorney before Suntices and of each judicial district, to appear in the District Court in each required, in civil county, and prosecute and defend all actions, civil and criminal, tion, and prelim- and all plaints, pleas, or other matters whatsoever, in which the

State or county may be a party or interested. When requested, he shall, also, appear before any Justice of the Peace or other officer exercising judicial functions in the district, and prosecute in cases of preliminary examination of offenders against the laws of the State.

Sec. 3. That the district attorney shall, without fee or

reward, give opinions and advice to the board of county commisCounter.com mis- sioners, and other civil officers of the county when requested by

such board or officers, upon all matters in which the State or county is a party or may be interested.

Sec. 4. That the district attorney shall not receive any fee or reward from, or on behalf of any prosecutor or other individual, for services in any prosecution or business to which it shall be his duty to attend, nor be concerned as attorney or counsel for either party other than the State or county, in any civil action depending upon the same state of facts upon which any criminal prosecution commenced but undetermined shall depend; nor shall any district attorney, while in office, be eligible to or hold any judicial office whatsoever.

Sec. 5. That, in case of vacancy in the office of district Judge appoints. ' attorney, the judges of the District Court of the proper district

shall appoint some proper person to fill such vacancy until the next general election thereafter, and until his successor shall be duly elected and qualified. When the district attorney and his

Shall give his opinion without fee or reward, when requested by

sioners.

Shall receive no feo or reward, &c.

In case of vacanoy the District

turn of District

Shall examine

Grand Jury.

shall be allowed.

deputy shall be absent from court when his (their) services are when absent from required, the court may appoint a district attorney for the time may be appointed being, who shall possess all the powers and perform all the duties, attorney. and be entitled to receive the same fees as the district attorney, until such district attorney shall appear in court.

Sec. 6. That it shall be the duty of the district attorney, witnesses before whenever required by the grand jury, to appear before them and examine witnesses. He shall also draw and sign all indictments and other pleadings, in cases to which it shall be his duty to attend.

SEC. 7. That the district attorney may, in his discretion, utida png bo leteappoint one or more deputies, for whose official acts he shall at their acts. all times be responsible.

SEC. 8. That the district attorney shall receive such fees as What focalboom may be allowed by law, and, until such fees are fixed, he shall receive the same fees as are now allowed county attorneys.

Sec. 9. That the office of county attorney is abolished from County Attila and after the first day of January next; Provided, That that the county attorney may prosecute all actions, civil and criminal, commenced prior to said day, to final judgment and execution, and receive the lawful fees therein, the same as if this act had not been passed, or the term of the attorney had not expired.

SEC. 10. That such district attorney shall, before entering shall excoate upon the duties of his office, execute a bond to the State in the penal sum of not less than three thousand dollars, with two or more sufficient securities, to be approved by the judge of the district court of his district, which bond shall be conditioned for the faithful performance of his duties as such officer, and that he will shall pay over all pay over to the proper officers all moneys which shall come into his hands by virtue of his office. He shall also take and subscribe Oath to support an oath, which shall be indorsed on said bond, that he will support the Constitution of the United States and the Constitution of the State of Kansas, and that he will faithfully discharge the duties of said office; said bond and oath shall be deposited in the office of the auditor.

Sec. 11. That this act shall take effect and be in force from When to tako and after its publication.

Approved June 4th, A. D. 1861.

bond to State.

moneys.

Constitution.

effoct,

CHAPTER III.

AN ACT to provide for the Incorporation of Cemetery Associations,

How associations may be formed for cemetery ses.

Shall have & corporate name.

divided into three classes,

Be it enacted by the Legislature of the State of Kansas :

SECTION 1. That any number of persons residing in this purpo- State, not less than seven, who may desire to form an associa

tion for the purpose of procuring and holding lands, to be used exclusively for a cemetery or place for the burial of the dead, may meet at such time and place as they may agree, and appoint a chairman and secretary, by the vote of a majority of the persons present at the meeting, and proceed to form an association, by determining on a corporate name by which the association shall be called and known ; by determining on [the] number of trustees to manage the concerns of the association, which number shall not be less than three nor more than nine, and thereupon may proceed to elect, by ballot, the number of trustees so

determined on; and the chairman and secretary shall, immediTrnstees shall be ately after such election, divide the trustees, by lot, into three

classes: those in the first class to hold their office one year, those in the second class two years, and those in the third class three years. The meeting shall also determine on what day in each year the future annual election of trustees shall be held.

SEC. 2. The chairman and secretary of the meeting shall, ing shallo barats within three days after such meeting, make a written certificate,

and subscribe their names thereto, and acknowledge the same before an officer authorized to take proof and acknowledgments of conveyances in the county where such meeting shall have been

which certificate shall state the names of the associates who attended such meeting, the corporate name of the association determined upon by the majority of the persons who met, the number of trustees fixed upon to manage the concerns of the association, the names of the trustees chosen at the meeting, their classification, and the day fixed upon for the annual election of trustees, which certificate it shall be the duty of the chairman and secretary of the meeting to cause to be recorded in the clerk's office of the county in which the meeting was held, in a book to be appropriated to the recording of certificates of incorporation,

Sec. 3. Upon such certificate, duly acknowledged as aforesaid, being recorded, the association therein mentioned shall be deemed

Certificate of the the names who at

knowledged.

held;

When they are deemed legally incorporated.

Powers of the As

shall he managed.

give sécurity,

legally incorporated, and shall have and possess, in its corporate name, the powers of perpetual succession, to sue and be sued, plead and be impleaded, defend and be defended, in all the courts of this State, and may have and use a common seal, and have sociation. power to make such by-laws, rules and regulations as they may deem necessary for their government, and the proper management How the affairs of their affairs. The affairs and property of such association shall be managed by the trustees, who shall annually appoint, from among their number, a president and vice president, and shall also appoint a secretary and treasurer, who shall hold their places during the pleasure of the board of trustees; and the trustees may require the treasurer to give security for the faithful performance of the duties of his office.

Sec. 4. Any association incorporaiel under this act, may Treasurer shall take, by purchase or devise, and hold, within the county in which the certificate of their incorporation is recorded, not exceeding three hundred and twenty acres of land. They shall, also, have May hold land not authority to receive gifts and bequests for the purpose of improv- twenty acres. ing such cemetery. They shall have power to divide the land of the cemetery into lots and subdivisions, for the purposes of the cemetery, and to tax their property for the purpose of its general improvement.

Sec. 5. Such association shall have power to convey, by deed to convey properor otherwise, any lot or lots of the cemetery for purposes of sepulchre. When such lots shall have been surveyed and platted, the survey and plat shall be recorded in the office of register of deeds of the county wherein the same are situated, and shall not sharobe recorded. be afterwards changed or altered. All the ground held by such association for burial purposes, while so held, shall be exempt from public taxation. Every lot sold and conveyed in such cemetery, shall be held by the proprietor, for the purposes of sepulchre only, and shall not be subject to attachment or execution.

Sec. 6. All deeds conveying lots in any such cemetery, shall Deeds shall be be signed by the president and secretary, with the seal of the dent and secretacorporation attached. All owners of lots, purchased of any such owners shall becorporation, shall become members thereof, and be entitled to vote in the election of its officers.

Sec. 7. This act shall take effect and be in force from and when to take efafter its publication.

Approved June 4, 1861.

Shall have power

ty.

ry.

come members.

fect,

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