are declared to

and void.

Marriages that cluding grand-parents and grand-children of every degree, bebe incestuous tween brothers and sisters of the one half, as well as whole blood, and between uncles and nieces, aunts and nephews and cousins, are declared to be incestous and absolutely void. This section shall extend to illegitimate as well as to legitimate children and relations.

Penalty for con

tracting or sol

emnizing mar

to preceding section.

SEC. 3. That whoever shall contract marriage in fact, contrariage contrary ry to the prohibitions in the preceding section, and whoever shall solemnize any such marriage shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine or imprisonment, or both, at the discretion of the jury which shall try the cause; or if the conviction be by confession, at the discretion of the court, the fine to be not less than one hundred nor more than one thousand dollars, and the imprisonment to be not less than three months nor more than five years.

Of marriages contracted without this Territory.

Ceremony of marriage by whom performed.

Penalty for joining minors in marriage without consent of parents.

SEC. 4. That all marriages contracted without this Territory, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places within this Territory.

SEC. 5. That every judge and justice of the peace, clergyman or licensed preacher of the Gospel, may perform the ceremony of marriage in the Territory.

SEC. 6. That no judge, justice of the peace, clergyman, preacher of the Gospel, or other person, shall join in marriage any male under the age of twenty-one years, or female under the age of eighteen years, without the consent of their parents or guardian, under whose care and government such minor may be, any person who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by fine not exceeding one thousand dollars. SEC. 7. That every person having authority to join others in others in mar- marriage, shall keep a record of all marriages solemnized before keep a record him, and within three months, transmit a certificate of every marriage (containing both christian and surname,) to the clerk of Shall transmit the county in which such marriage took place, and any person every marriage refusing or neglecting to make such return within the above required time, shall forfeit for every offence the sum of one hundred dollars, to be recovered with costs by the recorder.

Persons authorized to join

riage, shall

of all marriages

certificate of

to clerk of the county.

Clerk shall record all marriage returns.

Clerk's fees.

SEC. 8. That the clerk shall record all such returns of marriages in a book to be kept for that purpose, within one month after receiving the same, and shall be allowed for each entry of the same fifty cents, to be paid by the parties to the marriage. If

lect or refusal

any recorder shall neglect or refuse to record within the said time any return to him made, he shall forfeit one hundred dol- Penalty for neglars, to be recovered with costs by any person who will prosecute to record. for the same.

The records,

SEC. 9. That the books of marriages to be kept by the respec- e, to be evitive recorders, and copies of entries therein certified by him dence in all under his official seal, shall be evidence in all courts.

courts.

Penalty for

marriage or a

SEC. 10. That if any person, authorized to solemnize any Penang false marriage, shall wilfully make a false return of any marriage or return of any pretended marriage, to the clerk, or if the clerk shall wilfully false record. make a false record of any return of a marriage, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, and by imprisonment not less than three months.

AN ACT to Protect the Rights of Married Women, and in relation to the Liabilities incident to the Marriage Relation.

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

which Property owned the time of her

by a woman at

mar

marriage, not

and

liable for the

debts of her

SECTION 1. That the property, real and personal, and any woman in this Territory may own at the time of her riage, and the rents, issues, profits or proceeds thereof, any real, personal or mixed property, which shall come to her by husband. descent, devise or bequest, or the gift of any person except her husband, shall remain her sole and separate property, notwithstanding her marriage, and not be subject to the disposal of her husband, or liable for his debts.

SEO. 2. That any married woman, while married, may bargain, sell and convey her personal and real property, and enter into any contract in reference to the same, as if she were sole.

Any married

woman may

bargain, sell,

convey, &c.

May sue and be

sued.

May make a

will, shall not

than one-half

SEC. 3. That any woman may, while married, sue and be sued in all matters having relation to her property, in the same manner as if she were sole.

SEC. 4. That any woman may, while married, make a will, bequeath more but she shall not bequeath away from her husband more than from her hus- one-half of her property, both personal and real, without his consent in writing.

band.

If a married woman die

SEC. 5. That if any married woman die without will, one-half without a will. of her separate property shall become and remain the absolute property of her husband, the other half shall descend to and be divided equally between the children of such married woman.

If without will or issue.

If a married

man die with

out a will.

If without will or issue.

In case any man
deprive his
wife of over
one-half by

will.

Any married woman may carry on any trade, business, &c.

Any woman married out of

shall claim all

property, &c.

SEC. 6. That any married woman dying without will or issue, her property shall become the absolute property of her said surviving husband.

SEC. 7. That any married man dying without a will, one-half of his property, both personal and real, shall descend to and become the absolute property of his surviving wife, the other half shall be equally divided among his children.

SEO. 8. That any married man dying without will or issue, his whole property, both personal and real, shall become the absolute property of his surviving wife.

SEO. 9. That in case any married man shall hereafter deprive his wife of over one-half of his property by will, it shall be optional with such married woman, after the death of her husband, to accept the conditions of such will, or one-half of his whole estate, both real and personal.

SEC. 10. That any married woman may carry on any trade or business, and perform any labor or services, on her sole and separate account, and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used and invested by her in her own name, and she may sue and be sued, as if sole, in regard to her trade, business, labor, services and earnings, and her property, acquired by her trade, business and services, and the proceeds thereof, may be taken on any execution against her.

SEC. 11. That any woman who shall have been married out of this Territory, this Territory, shall, if her husband afterwards becomes a resithe rights as to dent in this Territory, claim all the rights as to property, which she may have acquired by the laws of any other State, Territory or country, or which she may have acquired by virtue of any marriage contract or settlement, made out of this Territory.

SEO. 12. That nothing in this Act contained shall invalidate

any marriage settlement or contract now made, or to be hereafter This act not to made.

SEC. 13. That in all marriages hereafter contracted, the husband shall be liable for the debts and liabilities of the wife contracted before marriage, to the extent of the real and personal property he may receive with or through her, or derive from the sale or rent of her lands, and no farther.

invalidate any marriage contract now made

Husband liable wife before

for debts of

marriage, when

SEC. 14. That such liability of the husband shall not be ex- Such liabilities tinguished by the death of the wife.

not extinguished by the death of the wife.

When judg rendered

ment may be

against hus

band and wife

jointly.

SEC. 15. That when any woman, against whom liability exists, shall marry, and has or acquires lands, judgment on such liability may be rendered against her and her husband jointly, to be levied on such lands only. SEC. 16. That when any judgment is rendered against a hus- When execuband and wife for the tort of the wife, execution on such judg- levied on the ment shall be first levied on the land of such wife, if she have wife. any.

SEC. 17. That the separate deed of the husband shall convey no interest in the wife's lands.

SEC. 18. That all laws inconsistent with the provisions of this Act, are hereby repealed, and this Act to be in force from and

after its passage.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

tion shall be

lands of the

President of the Council.

Approved February 11, 1858.

J. W. DENVER,

Acting Governor.

CHAPTER LI.

MAJORITY.

AN ACT fixing the Age of Majority.

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

ity.

SECTION 1. That all male persons of the age of twenty-one Age of majoryears and upwards, and all female persons of the age of eighteen years and upwards, and who are under no legal disability, shall be capable of contracting respecting goods, chattels, lands, ten

Aets repealed.

ements, and any other matter or thing which may be the legitimate subject of a contract; and shall be, to all intents and purposes, held and considered to be of full age, any law or custom to the contrary notwithstanding.

SEC. 2. That all acts and parts of acts in conflict with the provisions of this Act be, and the same are hereby repealed. This Act to take effect and be in force from and after its passage.

[Signed,]

G. W. DEITZLER,
Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 11, 1858.

J. W. DENVER,

Acting Governor.

Militia shall consist of every white male

over 18 and under 45 years.

Commissioned officers, how elected and

CHAPTER LII,

MILITIA.

AN ACT to Organize and Regulate the Militia of the Territory of Kansas.

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

SECTION 1. That the militia of the Territory of Kansas shall consist of every white male inhabitant over the age of eighteen years, and under the age of forty-five years, and shall be subject to the rules and regulations, as hereinafter prescribed.

SEC. 2. That the commissioned officers of the said militia commissioned. organization shall consist of one major general, eight brigadier generals, one inspector general, one adjutant general, one quartermaster general, one commissary general, one surgeon general, to be elected by the Legislative Assembly of said Territory in joint convention, and commissioned by the Governor.

Regimental offieers, how elected and commissioned.

Company officers, how elected and commissioned.

SEC. 3. That the regimental officers shall consist of one colonel, one lieutenant colonel, one major, one quartermaster, and one commissary, with the rank of major, to be elected by the company, commissioned officers of the regiment, and commissioned by the Governor.

SEC. 4. That the company commissioned officers shall consist of one captain, one first lieutenant, and two additional lieuten