when corpora

their quota of costs and ex

penses.

drain or water-course, the township trustee shall apportion and set off to the county, if a county road, or to the township, if a township road, or to the company, if corporated or a railroad, a portion of the costs and expenses, and also a portion of the construction thereof, the same as to private individuals, and in proportion to the benefits conferred by said ditch, drain or water-course on such roads, and compel them to pay said costs, and perform said labor in like manProceedings had, ner. That if any public or corporated road, or any railroad, tions fail to pay whose road-bed or traveled track is benefited by the opening and constructing of any such ditch, drain or water-course, shall fail to pay the costs and expenses assigned them, or fail to procure the cutting and opening of such ditch, drain or water-course on that section or portion assigned and set off to them respectively by the township trustee, as herein before provided, as in case of individuals, after due notice upon the person designated by any such corporation or railroad to accept service for such corporation or railroad, and in the manner and time specified in this act for such service or [on] individuals, the township trustee shall, in that event, proceed in the same manner and form as in this act provided for the collection of such costs and expenses against private individuals; and upon completion of the work, and acceptance as hereinbefore provided, the trustee shall certify the amount due for the performance of said work to the county clerk of such county, and said amount shall be placed upon the taxroll of such county by the clerk thereof, against said corporated road or railroad benefited by the cutting and opening of said portion or section of said ditch, drain or water-course, to be collected as other state and county taxes are collected.

SEC. 16. That "An act in relation to the draining of swamp, bottom, and other low lands," approved March twelfth, eighteen hundred and sixty-eight, and "An act to authorize the construction of levees and drains," approved May twelfth, eighteen hundred and seventy, and all other acts conflicting with this act, are hereby repealed.

SEC. 17. This act shall take effect and be in force from and after its passage, and publication in the Kansas Farmer. Approved March 12, 1879.

I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office,

and that the same was published in the Kansas Farmer, March 26, 1879. JAMES SMITH, Secretary of State.

CHAPTER CI.

ENGROSSING AND ENROLLING-LEGISLATIVE.

AN ACT providing for the engrossing and enrolling of the bills, resolutions, etc., of the legislature, and fixing the compensation therefor.

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

SECTION 1. All bills, resolutions, or other papers, that shall be engrossed or enrolled by the order of the legislature or either branch thereof, shall be done under the direction of the secretary of state, and he shall be responsible under his official bond for the safety of any and all bills, resolutions, or other papers, placed in his custody by law, or under the rules and regulations of the legislature.

SEC. 2. Upon the delivery to the secretary of state of any bill, resolution, or other paper, belonging to the legislature or either branch thereof, he shall immediately cause the same to be engrossed or enrolled, as may be required, and when completed shall return the engrossed or enrolled bill, resolution, or other paper, with the original, to the proper officer of the legislature.

Work done under secretary of state.

supervision of

paid for work.

SEC. 3. To enable him to perform the work provided for Amount per folio in this act he may employ an assistant or assistants, who shall be allowed the sum of twelve and one-half cents per folio for each folio engrossed, and fifteen cents for each folio enrolled, which compensation shall be paid out of the appropriation for legislative expenses.

a

SEC. 4. A folio within the meaning of this act shall consist What constitutes of one hundred words, and two figures shall constitute a word.

SEC. 5. The auditor of state shall draw his warrant upon the treasurer of state for the services rendered under the provisions of this act, upon the presentation of vouchers, duly authenticated as required by law, and upon the approval of the secretary of state.

SEC. 6. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 12, 1879.

I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office. JAMES SMITH, Secretary of State.

Foreign executors and administrators may convey real estate, when.

CHAPTER CII.

EXECUTORS AND ADMINISTRATORS.

AN ACT to authorize foreign executors, and administrators with the will annexed, to convey real estate, in pursuance of power contained in the will.

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

SECTION 1. Whenever in any will, which heretofore has been or hereafter shall be executed and proved in any state or territory of the United States, power is given to the executor or administrator with the will annexed to sell or convey real estate of the testator, any executor of such will or administrator with the will annexed of the estate of the testator, duly appointed and qualified in any state or territory of the United States in which such will shall have been executed and proved, may sell and convey the real estate of the testator in this state, in pursuance of the power given in the will, as effectually and to the same extent as if letters testamentary or of administration with the will annexed of the estate of the testator had been duly granted to such executor or administrator in and under the provisions of the laws of this state, unless at the time of such sale and conveyance administration upon the estate of the testator shall have been granted in this state: And provided, That at the time of such conveyance a copy of such will shall have been recorded in the office of the probate court in the county in which any land so conveyed is situated, as authorized by section twenty-four of chapter one hundred and seventeen of the general statutes.

SEC. 2. This act shall take effect and be in force from and after its publication in Topeka Daily Commonwealth.

Approved March 12, 1879.

I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office, and that the same was published in the Topeka Daily Commonwealth, March 19, 1879.

JAMES SMITH, Secretary of State.

CHAPTER CIII.

PERSONAL PROPERTY OF DECEASED ALLOWED TO WIDOW AND CHILDREN, WHEN.

AN ACT to amend section 49 of an act entitled "An act respecting executors and administrators, and the settlement of the estates of deceased persons," approved February 28, 1868.

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

SECTION 1. That section forty-nine of chapter thirty-seven of the general statutes of eighteen hundred and sixty-eight, be amended to read as follows: Section 49. In addition to her portion of her deceased husband's estate, the widow shall be allowed to keep, absolutely for the use of herself and children of the deceased, all personal property of the deceased which was exempt to him from sale and execution at the time of his death.

SEC. 2. That the original section forty-nine of the act to which this [is] amendatory be and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its publication in the Daily Commonwealth.

Approved March 8, 1879.

I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office, and that the same was published in the Daily Commonwealth, March 11, 1879.

JAMES SMITH, Secretary of State.

Compensation of county attorneys.

Proviso.

Number of inhabitants, how ascertained.

Fees allowed.

CHAPTER CIV.

FEES AND SALARIES-COUNTY ATTORNEYS.

AN ACT to amend section 1, chapter 98, laws of 1875, being an act entitled "An act to amend section 139 of article 10, chapter 25, of the general statutes of 1868, being an act entitled 'An act relating to counties and county officers.'"

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

SECTION 1. That section one of chapter one hundred and ten, session laws of eighteen hundred and seventy-seven, being an act fixing the fees and prescribing the duties of county attorneys, be amended so as to read as follows: Section 1. The county attorneys of the several counties of this state shall be allowed by the board of county commissioners, as compensation for their services, as salary per year, as follows: In counties of from one to five thousand inhabitants, not more than four hundred dollars: Provided, That in any county which shall have attached thereto six or more unorganized counties for judicial purposes, the compensation shall be seven hundred dollars; from five thousand to seven thousand five hundred inhabitants, four hundred dollars; from seven thousand five hundred to ten thousand inhabitants, five hundred dollars; from ten thousand to twelve thousand five hundred inhabitants, seven hundred dollars; from twelve thousand five hundred to fifteen thousand inhabitants, eight hundred dollars; from fifteen thousand to eighteen thousand inhabitants, one thousand dollars; from eighteen thousand to twenty-five thousand inhabitants, twelve hundred dollars; twenty-five thousand inhabitants and upwards, two thousand dollars. The number of inhabitants shall be determined for the purposes of this act from the last returns of the assessors in each year in their respective counties, and said salaries shall be payable in quarterly installments at the end of each regular quarter by the proper county. County attorneys shall be allowed five per cent. on all moneys collected by them in favor of the state or county. Whenever the prosecutor or defendant is adjudged to pay the costs, the court shall tax as costs the following fees: For drawing indictment or information for felony, five dollars; for drawing indict