without delay execute all orders of the Legislature, or either branch thereof, for the printing of all bills and resolutions; and for each failure to complete said printing, within twenty-four hours after receiving order for the same, the contractor shall forfeit and pay a penalty of ten dollars, to be deducted from his account at settlement; and all contractors, under the provisions of this act, shal! promptly and without unnecessary delay, execute all orders to them issued by the Legislature, or either branch thereof, or the executive officers of the State; and the laws, journals and volumes of public documents shall be printed and delivered to the contractor for the folding, stitching and binding, on the order of the Secretary of State, within twenty days after the adjournment of the Legislature; and said contractor shall, within twenty days after the receipt thereof, execute the folding, stitching and binding, and deliver to said Secretary of State the volumes so bound, under the penalty of a forfeiture of their Time may be ex- bonds; Provided, however, That the said Secretary of State, Auditor and Treasurer may, on good cause shown, by either of the contractors extend the time, not exceeding ten days, for the executing of their several contracts. It is further provided that the said executive officers may, for good cause shown, grant an additional extension of time, not exceeding ten days, to either of the contractors, for the printing, folding, stitching or binding of the laws or journals of the present session of the Legislature. SEC. 23. That the Secretary of State shall furnish a true and copy without de- accurate copy of the laws, as they may be demanded by the printer thereof, and the clerks of the respective branches of the Legislature, shall each furnish to the printer, who is bound by his contract to print the same, copies of the journals, bills, reports and other papers and documents, without unnecessary delay; and no contractor shall be accountable for any delay occasioned by the want of such copy. tended. Secretary and clerks to furnish lay. Secretary to classify and arrange SEC. 24. It shall be the duty of the Secretary of State to laws, resolutions, classify and arrange, for publication, the laws, joint resolutions and memorials passed at each session, and to make out a full index and marginal notes to the laws, as fast as shall be necessary. The signatures of the Speaker of the House, President of the Senate and the Governor, shall not be printed at the end of each law and chapter, but only at the end of the volume. The ed in the volume of laws. What to be print date of approval by the Governor shall be affixed to each law; and there shall be prefixed to each volume of laws published, the name and residence of the several State officers, the Senators and members of the House of Representatives, and the presiding of ficers and clerks of both branches of the Legislature at the time of the passing of such laws. fails. SEO. 25. In case any contractor, under the provisions of this If contractor act, shall fail to comply with the stipulations of his contract, it shall be the duty of the Secretary of State, Auditor and Treasurer, to immediately advertise for proposals for the unperformed work provided for in the said contract, in accordance with the provisions of this act, so far as they may be applicable. SEO. 26. This act to take effect and be in force from and Take effect when. after its publication, and immediately upon its approval by the Governor, the Secretary of State shall publish an authenticated copy of the same in some daily paper at the capital of this State, which shall constitute such publication. I hereby certify that the above bill became a law, without the signature of the Governor, by publication in the "Topeka State Record," May 15, 1861. J. W. ROBINSON, Secretary of State. CHAPTER LXII. AN ACT relating to all Rail Road Companies whose Charters have not been declared forfeited. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That it shall be lawful for all Rail Road companies whose charters have not been declared forfeited, to hold, by grant or otherwise, from any source whatever, any real or personal estate, and to sell, dispose of, convey and encumber all or any part to which such corporations may acquire title, by grant or otherwise, for the purpose of securing or aiding the construction of said roads, and that the period of two years is hereby given all such companies to commence the actual construction of their respective roads. Railroad compan ies whose charters have not been de clared forfeited. Have two years to commence construction. SEC. 2. This act shall take effect and be in force from and Take effect when. after its publication in some newspaper published in Topeka. I hereby certify that the above bill became a law, by publica tion in the Topeka "State Record," June 24, 1861. J. W. ROBINSON, Name of the L., changed. Take effect when. CHAPTER LXIII. AN ACT to change the name of the Leavenworth, Pawnee and Western Be it enacted by the Legislature of the State of Kansas: SECTION 1. That the name of the Leavenworth, Pawnee and Western Rail Road Company be and is hereby changed to that of the Leavenworth, Fort Riley and Western Rail Road Company. SEC. 2. That this act shall take effect and be in force from and after passage. Approved June 4, 1861. Suits, &c., removed to the Supreme Court of Kansas. Suits, &c., removed to District Courts, CHAPTER LXIV. AN ACT to provide for the Removal of the Records and Papers of the Courts of Be it enacted by the Legislature of the State of Kansas: SECTION 1. That all suits, actions, prosecutions and proceedings pending, and all cases which have been tried and determined, both criminal and civil, in the late Supreme Court of the Territory of Kansas, together with all records, books, documents and moneys belonging or pertaining to the said Supreme Court, not transferred by any law of the United States, and which are not cognizable in the courts of the United States, shall be and the same are hereby removed to the Supreme Court of the State of Kansas. SEC. 2. That all suits, actions, prosecutions and proceedings pending, and all cases which have been tried and determined, both civil and criminal, in the several district courts of the late Territory of Kansas, sitting in and for the several counties, for the trial of causes arising under the laws of the said Territory, together with all records, books, documents, papers and moneys belonging or pertaining to the said several district courts, and, also, all suits, actions, prosecutions and proceedings pending, and all cases which have been tried and determined, both civil 裟 and criminal, in the district courts of the late Territory of Kansas, sitting in and for the several districts at large, except such as are cognizable in the circuit or district courts of the United States, together with all records, books, documents, papers and moneys pertaining to and connected with such suits, actions, prosecutions and proceedings, shall be and the same are hereby removed to the district courts of the States, sitting in and for the counties, respectively, in which such suits, actions, prosecutions. and proceedings pending, and cases which have been tried and determined, originated, or to which the same may have been transferred by the late Territorial district courts. ed to Probate SEC. 3. That all suits, actions, prosecutions and proceedings Suits, &c., removpending, and all cases which have been tried and determined in Courts of State. the several probate courts of the late Territory of Kansas, together with all books, records, documents, papers and moneys belonging or pertaining to said courts, shall be and the same are hereby removed to the probate courts of the State, for the counties, respectively, in which said suit, action, prosecution or proceedings originated. SEC. 4. That all suits, actions, prosecutions and proceedings pending, and all cases which have been tried and determined, both civil and criminal, in the several justices' courts of the late Territory of Kansas, together with all records, books, documents, papers and moneys belonging or pertaining to said justices' courts, shall be and the same are hereby removed to the justices' courts of the State, for the townships, respectively, in which said suits, actions, prosecutions and proceedings originated, or to which the same may have been transferred. Suits, &c., remov ed to Justices' Courts of the Such suits, pacome legal proCourts. pers, &c., to be ceedings in State SEC. 5. That all suits, actions, prosecutions and proceedings pending, and all cases which have been tried and determined in the late Supreme Court, District Courts, Probate Courts and Justices Courts of the Territory of Kansas, together with all records, books, documents, papers and moneys belonging or pertaining thereto, or connected therewith, and removed, by this act, to the courts established by the Constitution, shall become, and the same are hereby made and constituted, the suits, actions, prosecutions, proceedings, cases tried and determined, records, books, documents, papers and moneys of the State courts, respectively, to which the same shall have been removed; and the courts to recogState court to which any suit, action, prosecution or proceeding pending, or case tried and determined, either civil or criminal, shall have been removed by this act, shall take cognizance of the nize same, &c. Persons having custody of records to deliver same up. Officers of State Caurts may de same; and said State court shall have jurisdiction and power to prosecute any such suit, action, prosecution or proceeding pending, to final judgment and execution, in the same manner and with the like effect as if the same had been commenced therein. And said State court shall have power to issue execution, and all mesne and final process, in cases tried and determined in the late Territorial courts, and removed to the State courts by this act; and shall have the same jurisdiction and power to revise, vacate and modify the final judgments and orders, and all other proceedings in such cases, as if the same had been commenced in said State courts. And all appeals, writs of error, proceedings in error, certiorari injunctions, and all other proceedings whatever, may progress and be carried on in the State courts, as the same might have progressed and been carried on in the Territorial courts, if the Constitution had not been adopted; and appeals from the judgments or final orders in cases, tried and determined in the late Territorial courts; and proceedings in error, to reverse, vacate and modify the judgments or orders of said courts, may be prosecuted in the courts of the State having appellate jurisdiction, in the same manner and with the like effect as the same might have been prosecuted in the late Territorial courts having jurisdiction, if this Constitution had not been adopted. SEC. 6. That the person or persons having the custody or control of the records, books, documents, papers and moneys belonging or pertaining to the late Territorial courts, and by this act removed to the courts established by the Constitution, are hereby directed to deliver the same, forthwith, to the State Courts, respectively, to which said records, books, documents, papers and moneys are by this act removed. SEC. 7. That it is hereby made the duty of the clerk of the mand records, &o. Supreme Court, the clerks of the several District Courts, the judges of the several Probate Courts and Justices of the Peace of the State to which courts the records, books, documents, papers and moneys of the late Territorial courts have been, by this act, respectively, removed, forthwith to demand the same of the person or persons having the custody or control thereof, and to take possession of the same, according to the provisions of this act. If any person refuse to deliver. SEC. 8. That, if it shall appear to any State court, that any person or persons having the custody or control of the records, books, documents, papers and moneys removed by this act to such State courts, unjustly refuse to deliver the same, as in this act directed, such State court shall compel the delivery thereof, by attachment or otherwise, according to law. |