Warrant.

CHAPTER CLXVI.

PROCEDURE, CRIMINAL-DEATH PENALTY.

AN ACT to regulate the infliction of the death penalty, and to amend "an act to establish a code of criminal procedure."

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

SECTION 1. That section two hundred and fifty-eight of "an act to establish a code of criminal procedure" be so amended as to read as follows: Section 258. Whenever any convict shall be sentenced to the punishment of death, the court shall cause to be made out, sealed, and delivered to the sheriff of the county a warrant, stating such conviction and sentence, and an order instructing Convict delivered the sheriff of the county to convey such convict to the penitentiary, and to deliver the said convict to the warden thereof, to be by him safely kept until the time fixed for his execution, as hereinafter provided, and a certified copy of such warrant shall be by the clerk forthwith transmitted to the Governor of the state.

to warden.

Punishment.

Governor to fix day of execution not less than one year from date of sentence.

SEC. 2. Section two hundred and fifty-nine of said act is hereby amended so as to read as follows: Section 259. The punishment of death prescribed by law must be inflicted by hanging by the neck at such time as the Governor of the state for the time being may appoint, not less than one year from the time of conviction.

SEC. 3. Section two hundred and sixty of said act is hereby amended so as to read as follows: Section 260. The Governor shall keep in his office a record of all warrants of conviction and sentence received by him as aforesaid, and any Governor of the state for the time being shall, in his discretion, at any time, not less than one year from the time of conviction of each convict respectively, make an order fixing the day on which the sentence of the law shall be carried into effect, which time shall be

at least thirty days from the issuance of such order, which order shall be directed to the warden of the penitentiary, to be by him executed: Provided, That no Governor shall be compelled to issue any order as herein provided for the execution of any convict, whether convicted in his own term or in that of some of his predecessors, nor shall he be limited in issuing any such order to such convicts as have been convicted during his term of office.

SEC. 4. Section two hundred and sixty-one is hereby amended so as to read as follows: Section 261. Until the receipt of such order by the warden, he shall keep any convict so sentenced to death at hard labor, within the walls of the penitentiary, and upon receipt of such order the said warden shall at once remove the convict described therein to a cell, where he shall be kept securely confined until the time for the execution of the sentence. The said execution shall take place within the enclosure of Execution. the penitentiary, and shall be carried into effect by the warden, or by some officer of the penitentiary, under his direction. The warden shall invite to be present at the execution, by at least three days' notice, two physicians and twelve respectable citizens, to be selected by him; he must also, at the request of defendant, permit any minister of the Gospel whom the defendant may name, and any of his relations, to attend the execution, and also such peace officers as the warden may deem proper; no person other than those mentioned in this section, nor shall any person under age be allowed to witness the execution.

Persons present.

SEC. 5. Section two hundred and sixty-two of said act is hereby amended so as to read as follows: Section 262. writ of error. In case of an appeal or writ of error taken by a person convicted and sentenced to death as aforesaid, the sentence of the law shall not be carried into effect until after the hearing and determination of such appeal or writ of error. In case of a person convicted and sentenced to death becoming insane, such person shall not be executed until the Governor shall be satisfied upon the oaths of twelve

Insane.

Female.

Repealed.

good and true men, to be named and summoned by the warden, upon proper inquiry and investigation being made under direction of the warden, that such insanity no longer exists; and in case of a female convicted and sentenced to death being pregnant (which fact shall be ascertained and certified by the matron of the penitentiary) her sentence shall not be carried into effect until one year after her child is born.

SEC. 6. Sections 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268 and 269 of the act to which this act is amendatory, and all other acts inconsistent herewith, be and the same are hereby repealed.

SEC. 7. 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 28, 1872.

W. H. SMALLWOOD,
Secretary of State.

CHAPTER CLXVII.

PROHIBIT HUNTING-WHERE.

AN ACT to prohibit persons from hunting within the enclosures of others without leave.

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

SECTION 1. That any person who shall hunt with gun, dog, net, or other hunting apparatus, upon the enclosed grounds or lands of another, without first obtaining leave of the owner so to do, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof before a justice of the peace, be punished by a fine of not less than five dollars, nor more than twenty dollars for each offense.

SEC. 2. This act shall take effect and be in force 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.

asked for.

CHAPTER CLXVIII.

RAILROAD ATCHISON, TOPEKA AND SANTA FE.

HOUSE JOINT RESOLUTION No. 2, Concerning the Atchison, Topeka and Santa Fe
Railroad Company, and the extension of the time for the completion of its railroad.

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

SECTION 1. That the Congress of the United States is Extension of time hereby earnestly requested to pass an act providing for the extension of the time for the completion of the Atchison, Topeka and Santa Fe Railroad and telegraph to the west boundary of the State of Kansas, until the third day of March, A. D. 1877, and preserving to the Atchison, Topeka and Santa Fe Railroad Company, during the period of such extension, all the rights, privileges and immunities accruing to said railroad company under the act of Congress, entitled "an act for a grant of lands to the State of Kansas in alternate sections, to aid in the construction of certain railroads and telegraphs in said state," approved March 3 A. D. 1863, and under an act of the State of Kansas, entitled "an act to accept a grant of land made to the State of Kansas, by the Congress of the United States, to aid in the construction of certain railroads and telegraphs in said state, and to apply the same to the construction of such roads and telegraphs," Assent of Kansas approved February 9, 1864; and the assent of the State of Kansas is hereby given to such extension, and to the preservation of the rights, privileges and immunties as aforesaid; and if the said railroad company shall have its railroad and telegraph constructed from the Missouri river to the west line of the State of Kansas, on or before the third day of March, A. D. 1877, the said company shall be entitled to all the rights, privileges and immunities that it would have been entitled to had the aforesaid act of Congress limited the time for the completion of said railroad to March 3, 1877, instead of March 3, 1873: Provided, The said railroad company shall complete its

given.

Proviso.