this writ, and the names of the persons so summoned, with their additions respectively, in a panel hereto annexed, and otherwise make returns, at the day and place aforesaid, how you shall have executed this writ. Witness,

persons sum

SEC. 17. [16.] That the number of persons who shall be sum- Number of moned and returned as aforesaid, to serve as special jurors in the moned to serve. Probate Court, shall be twelve.

shall be sum

before court.

SEC. 18. [17.] That whenever an adjourned or special term When jury of the Probate Court shall be directed in any county, the judge moned 30 days of the said court may direct a venire to issue for a jury thirty days before the time of the holding thereof, returnable at the said court, notwithstanding a regular term or return day may intervene between the issuing and return of such writ.

jury.

SEC. 19. [18.] That the writ of venire for the grand jury in Form of writ of any of the counties of this Territory, shall be made in the fol- venire for grand fowing form to wit: county ss. The Territory of Kansas to the sheriff and commissioners of said county, greeting: We command you, and every one of you, that in your proper person you draw from the box containing the names of the persons selected for jurors, according to the names of 19 persons, to be grand jurors in our (describing the court) court, to be holden at -, in and for the said county, on the o'clock in the

day of

at

-noon of that day; and further, that you, the sheriff, do summons the persons whose names shall be so drawn, and every one of them to come before our said court at the said time and place, to inquire of and perform all those things which, on our part, shall be enjoined upon them, and that you, the said sheriff, have then and there this writ, and the names and summons of the persons so sum[moned]. The commissioners of the county or counties composing a district of the District Court, shall make a similar list of grand and petit jurors, and return the same to the clerk of the District Court; and the county commissioners of the county where such court is held, the clerk of the court and marshal, shall proceed to select, under the provisions and penalties as provided for in the Probate Court, draw, summon and return the several juries in the District Court.

empted from

SEC. [19.] That the following persons are hereby exempt from Persons exserving on juries: All Territorial officers, judges of courts of serving on jurecords, officers of the General Government, county officers, con- ries. stables, attorneys and counselors at law, and ministers of the gospel duly ordained.

Acts repealed..

This Act to take effect from and after its passage; and all Acts and parts of Acts inconsistent with this Act, are hereby

In chapter 1, article 1,

section 5, of

AN ACT to Define the Statutes in a Certain Case.

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

SECTION 1. In chapter first, article first, section fifth, of the Statutes of 1855, the word "Justice" shall be understood to 1855, word jus- mean "Judge," and the said section shall mean, "No judge or

Statutes of

tice changed to judge.

clerk of any Probate Court," &c.

This Act to take effect and be in force from and after its pas

CHAPTER XLII.

JUSTICE OF THE PEACE.

AN ACT of the Jurisdiction and Procedure before Justices of the Peace, and of the duties of Constables in Civil Cases.

ARTICLE I. Of the Jurisdiction of Justices of the Peace.

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

how limited.

SECTION 1. That the jurisdiction of justices of the peace in Jurisdiction. civil cases shall, unless otherwise directed by law, be limited to the township wherein they may have been elected, and where they shall reside.

and authority.

SEC. 2. That justices of the peace within, and co-extensive of jurisdiction with their respective counties, shall have jurisdiction and authority: 1. To administer any oath or affirmation authorized or required by law to be administered. 2. To take the acknowledgment of deeds, mortgages and other instruments of writing. 3. To solemnize marriages. 4. To issue subpoenas for witnesses and coerce their attendance in causes or matters pending before them, or other cause or matter wherein they may be required to take depositions. 5. To try the action for the forcible entry and detention, or the detention only, of real property. 6. To proceed against security for costs and bail for the stay of execution on their dockets. 7. To issue attachment and proceed against the goods and effects of debtors in certain cases. 8. To issue executions on judgments rendered by them. 9. To proceed against constables failing to make return, making false return, or failing to pay over money collected on execution issued by such justice. 10. To try the right of the claimant to property taken in execution or on attachment. 11. To act in the absence of the Probate judge in the trial of contested elections of justices of the peace.

and freeholders

to answer sum

tice of another

SEC. 3. That no householder or freeholder, resident of the Householders county, shall be held to answer any summons issued against him not compelled by a justice in a civil matter, in any township of such county mons from jusother than the one where he shall reside, except in the cases fol- township. lowing: Where there shall be no justice of the peace for the Exceptions. township in which the defendant may reside; or, 2. Where the only justice residing therein is interested in the controversy; or, 3. Where he shall be related as father, father-in-law, son, sonin-law, brother, brother-in-law, guardian, ward, uncle, nephew

Justices shall have cognizance not exeeeding $100.

Balance due

less than $100,

justices may

tion.

or cousin, to either of the parties, and there is no justice in the township competent to try the cause. In the foregoing excepted cases, the action may be brought before any justice of an adjoining township of the same county, and the justice shall state on his docket the reason of his taking jurisdiction. 4. Where the summons is accompanied with an order to attach property, the jurisdiction shall be co-extensive with the county. 5. When two or more persons shall be jointly, or jointly and severally bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different townships of the same county, the plaintiff may commence his action before a justice of the township in which any of the persons liable reside, except that in joint actions against the makers and endorsers of notes, due-bills or bills of exchange, the action shall be commenced in the township where one of the original makers, drawers or endorsers reside; and if it be claimed by the plaintiff that an endorser endorser endorsed the note or bill at the time it was made, and the jurisdiction depend thereon, before the justice shall take jurisdiction, the plaintiff, or some person for him, shall file an affidavit setting forth that fact. 6. In cases of trespass to real or personal property, it shall be lawful to bring the action in the township where the trespass was committed, or in the township where the trespasser or any one of several trespassers reside.

SEC. 4. That under the restrictions and limitations herein provided, justices of the peace shall have cognizance of any sum not exceeding one hundred dollars.

SEC. 5. That when the balance claimed to be due on any open have jurisdie- or unsettled account, or on any bill, note or bond, shall be less than one hundred dollars, the party by whom such balance shall be claimed, may commence his action therefor before a justice of the peace, who shall have power, and he is hereby authorized to hear and determine the matters in controversy, without regard to the amount of the original account or contract, and he may render judgment for any balance found due, not exceeding one hundred dollars; and if any plaintiff appeal from a judgment entered in his favor for such balance, and shall recover judgment for a sum greater than one hundred dollars, besides interest and costs, he shall not recover costs on such appeal.

Of actions on undertakings

in civil cases.

SEC. 6. That in actions founded upon an undertaking given in pursuance of law in any civil proceeding pending before a Jurisdiction. justice, such justice, or his successor in office, shall have jurisdiction co-extensive with his county, and where the sum due or de

manded on such undertaking exceeds one hundred dollars, the jurisdiction shall be concurrent with the Probate Court of the proper county.

fess debt.

SEC. 7. That if any debtor shall appear before a justice of If debtor conthe peace without process, and confess that he is indebted to another, it shall be lawful for such justice, on the application of Duty of justice. the creditor, to render judgment on such confession against the debtor, for any sum not exceeding hundred dollars.

may act as cor

SEC. 8. That whenever the office of coroner shall become va- When justice cant in any county by death, resignation, expiration of the term oner. of office, or otherwise, or where the coroner shall be absent from the county, or unable from sickness or other cause to discharge the duties of his office, or shall reside more than ten miles distant from the place where the dead body of any person, supposed to have come to his or her death by violence or casualty, may be found, any justice of the peace of the county shall be vested with all the powers, and shall perform all and singular the duties appertaining to the office of coroner, so far as it respects the power and duty of a coroner to hold inquisition over any dead body found as aforesaid. And when acting in the capacity of a coroner, every such justice shall be entitled to the same fees as are or may be allowed by law to coroners in such cases.

trespass on real

SEC. 9. That justices shall have jurisdiction in actions for Actions for trespass on real estate, where the damages demanded for such estate. trespass shall not exceed one hundred dollars, and no claim of title to such real estate set up by the defendant, shall take away or affect the jurisdiction hereby given.

SEC. 10. That justices shall not have cognizance of any actions: 1. To recover damages for an assault, or an assault and battery; or, 2. In any action for malicious prosecution; or, 3. In actions against justices of the peace, or other officers, for misconduct in office, except in the cases provided for in this Act; or, 5. [4.] In actions on contracts for real estate; or, 6. [5.] In actions in which the title to real estate is sought to be recovered, or may be drawn in question, except actions of trespass on real estate, which are provided for in this Act.

ARTICLE II. Of the Commencement of Suits, Service and Return of Process and Proceedings in Arrest and Attachment.

Actions in shall not have

which justices

cognizance.

commenced.

SEC. 11. Actions befere justices of the peace are commenced Actions, how by summons, or by the appearance and agreement of the parties