office of the register of deeds of the county, the same as is provided by law for the filing and recording of charts, maps or plats of cities, towns and villages, and such record and chart, map or plat shall have the same force and effect in law as the original chart, map or plat so lost or destroyed.

SEC. 8. This act shall be in force and take effect from and after its publication in the Kansas Weekly Commonwealth.

Approved March 1, 1872.

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 Weekly Commonwealth March 28, 1872.

W. H. SMALLWOOD,

Secretary of State.

By whom appointed.

Term of office.

Duty of commis. sioner.

CHAPTER CLXI.

POOR-COMMISSIONER OF.

AN ACT to provide for a commissioner of the poor in counties having more than thirty thousand inhabitants.

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

SECTION 1. That in all counties having more than thirty thousand inhabitants, the board of county commissioners shall appoint one person having the qualifications of an elector, who shall be styled commissioner of poor, and who shall hold his office for the term of two years, and who shall have under the control of the board of county commissioners, general care and supervision of the poor of such county.

SEC. 2. It shall be the duty of such commissioner to keep his office at the county seat in such place as the

county board shall determine, and to personally inform himself of the necessity of all expenditures of public money for the relief of paupers; to make all purchases that may be required for the assistance of paupers not in the public poor house, and to certify all accounts for such poor expenditures.

SEC. 3. It shall be the duty of such poor commissioner to visit weekly the county poor house, and keep same. himself informed of the condition thereof, and of the inmates therein, and to report monthly to the county board the condition thereof, with any suggestions he has to make concerning the same.

sioners.

SEC. 4. The county commissioners shall let the care and custody of the poor in the county poor house, to the County commislowest and most responsible bidder, at a given sum per day for each person, and the person who shall receive the contract for such care and custody of such poor, shall, on the first Monday of each month, make a report, under oath, to the board of commissioners, stating the number of poor in such poor house during the preceding month, the names thereof, and the number of days each of such persons has been during said month in said poor house, with the statement of the condition of health of each person therein, and the amount of his bill according to contract, for each person.

SEC. 5. It shall be in the power of said board of county commissioners at any time, when for good reason, they shall deem it proper to annul any contract they shall have made with the keeper of said poor house.

SEC. 6. No person shall be received in said poor house without the written order of the commissioner of the poor, of which orders said commissioner shall keep an accurate record, and report the same in his monthly report to the board of commissioners.

SEC. 7. The commissioner of the poor appointed by said county board, shall, within ten days after his appoint- Give bond. ment, give a bond to the county board of commissioners

Make report.

Salary.

of said county, in the sum of five thousand dollars, with two sufficient sureties, to be approved by the county board, conditioned for the faithful performance' of his duty as such commissioner.

SEC. 8. The commissioner of the poor shall annually make a report to the board of county commissioners, stating in detail the number of poor in the poor house during the preceding year, with the names thereof, the number of days each has been in the poor house, the amount paid therefor, the number and names of the paupers aided who were not in the poor house, and the amount, expended for each person, with an estimate of the amount in his judgment, required to be raised by taxation for the next year for the support of the poor for said year, and for the year 1872. Said report shall be made on or before the first day of January, 1873.

SEC. 9. The commissioner appointed by virtue of this act shall receive an annual salary from his county of twelve hundred dollars, to be paid quarterly.

SEC. 10. All acts and parts of acts imposing duties regarding the poor in such counties upon township and city officers are hereby repealed.

SEC. 11. This act shall take effect and be in force from and after its publication in the Kansas Weekly Commonwealth.

Approved February 27, 1872.

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 Weekly Commonwealth March 7, 1872.

W. H. SMALLWOOD,
Secretary of State.

CHAPTER CLXII.

PROCEDURE, CIVIL-ORDER OF TRIAL.

AN ACT to amend section two hundred and seventy-five of the code of civil procedure.

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

cedure.

SECTION 1. Section two hundred and seventy-five of "an act to establish a code of civil procedure," approved Order of proFebruary 25, 1868, is hereby amended so as to read as follows: Section 275. When the jury has been sworn, the trial shall proceed in the following order, unless the court for special reasons, otherwise direct. First, The party on whom rests the burthen of the issues, may briefly state his case and the evidence by which he expects to sustain it. Second, The adverse party may then briefly state his defense, and the evidence he expects to offer in support of it. Third, The party on whom rests the burthen of the issues, must first produce his evidence; after he has closed his evidence, the adverse party may interpose and file a demurrer thereto, upon the ground that no cause of action or defense is proved. If the court shall sustain the demurrer, such judgment shall be rendered for the party demurring, as the state of the pleadings, or the proof shall demand; if the demurrer be overruled, the adverse party will then produce his evidence. Fourth, The parties will then be confined to rebutting evidence, unless the court, for good reason, in furtherance of justice, permits them to offer evidence in their original case. Fifth, When the evidence is concluded, and either party desires special instructions to be given to the jury, such instructions shall be reduced to writing, numbered and signed by the party, or his attorney, asking the same, and delivered to the court. Sixth, When the argument of the case is concluded, the court shall give general instructions to the jury, which

shall be in writing, and be numbered and signed by the judge, if required by either party. Seventh, When either party asks special instructions to be given to the jury, the court shall either give such instructions as requested, or positively refuse to do so; or give the instructions with a modification in such manner that it shall distinctly appear what instructions were given, in whole or part, and in like manner those refused, so that either party may except to the instructions, as asked for, or as modified, or to the modification; all instructions given by the court must be signed by the judge, and filed together with those asked for by the parties, as a part of the record. SEC. 2. Section two hundred and seventy-five of the Section 10pealed. code of civil procedure to which this act is amendatory, is hereby repealed.

4

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

Approved March 2, 1872.

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 Weekly Commonwealth March 14, 1872.

W. H. SMALLWOOD,
Secretary of State.