Settlers on land.

CHAPTER LXXIX.

AN ACT relating to Settlers upon land without any legal right thereto.

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

SECTION 1. If any person shall settle upon and take possession of any tract of land or any part thereof, being the property of another person, without any legal right so to do, and shall remain thereon four days after being notified by the owner, his agent or attorney, to abandon and quit the same, the owner thereof, or his agent or attorney, may appear before any justice of the peace in and for the county in which the land is situate, and after making oath before such justice that the said settlement was made and possession had without his consent, (or the consent of his principal, as the case may be,) and that he is the lawful owner thereof, and cause a summons to issue to the person who made the said settlement, and returnable three days thereafter, commanding him to appear before the said justice and show his right to the land; and, if the justice shall, after due examination, find that the settlement was made and possession held without any legal right so to do, he shall render a judgment against the defendant and in favor of the plaintiff for restitution of premises and costs of suit, and shall, at the request of the plaintiff, his Writ of execution agent or attorney, issue a writ of execution thereon, directed to any sheriff or constable of the county, commanding him forthwith to remove the defendant from the premises and collect the costs of suit.

Restitution of premises.

Collect costs,

Shall not return upon land without consent of owner.

Shall pay fine,

SEC. 2. The officer shall, within five days after receiving the writ, execute the same, by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions.

SEC. 3. If the person so removed shall thereafter return upon the said land or any part thereof, for the purpose of settlement or possessing the same, without the consent of the owner, his agent or attorney, in writing, he shall be deemed guilty of a misdemeanor, and, on due conviction thereof, before the district court for said county, shall pay a fine of not less than twentyfive dollars nor more than five hundred dollars, in proportion to the amount of the damage he may have occasioned, for the ben

mon school.

efit of the common school fund, as well as the costs of the Fine goes to comprosecution, or imprisonment in the county jail not less than ten days or more than six months, as the court shall determine.

warrant of arrest.

SEC. 4. It shall be the duty of any judge or justice of the Justice shall issue peace, before whom any complaint shall be made, under oath, of any violation of the previous sections, to issue the necessary warrant of arrest for the person complained against, and to commit him to custody, for trial at the next term of the district court, unless the said accused person shall furnish good and sufficient bail, in a sum to be fixed by the said judge or justice of the peace; Provided, however, That nothing in this act shall take away or impair the rights to damages, or other legal remedy which the owner of the land may now have under the laws of this State.

SEC. 5. This act to take effect and be in force from and after When to tako of

its publication.

fect.

Approved June 4, 1861.

CHAPTER LXXX.

AN ACT to authorize the formation of County and Town Agricultural and Horticultural Societies.

Any ten or more an agricultural

persons may form society.

Be it enacted by the Legislature of the State of Kansas : SECTION 1. That any ten or more persons, inhabitants of this State, desiring to form an agricultural or horticultural society, in any county, town, city or village of this State, may make, sign and acknowledge duplicate articles of association, before any officer authorized to take acknowledgments of deeds, and file the same with the Secretary of the State Agricultural Society and the clerk of the county in which the business of the society is to be conducted, which articles shall state the name by which such society shall be shall state the known in law, the particular business and objects of such society, ciety. the number of trustees, directors or managers who shall manage the same, and the names of such officers for the first year of its existence.

name of the so

body corporate.

SEO. 2. Upon filing such articles of association, as aforesaid, shall become a the persons who shall have signed the same, and their associates and successors, shall, thereupon, and by virtue of this act, become

shall assume the same name.

May have a common seal.

a body politic and corporate, by the name stated in such articles; No two societies Provided, No two societies shall assume the same name; and by that name they and their successors shall and may have succession and be capable in law of suing and being sued, may have and use a common seal and the same alter and change at pleasure. and they and their successors, by their corporate name, be capable of taking and receiving, by gift, grant or demise, purchasing and holding, for the purpose and use of the incorporation, real estate not exceeding fifty thousand dollars in value, and of personal estate not to exceed ten thousand dollars in value, and may make all necessary by-laws for the management of said society, not inconsistent with the laws of this State or of the United States.

May hold real estate.

Who shall be eligible to membership.

Officers-when elected, and their duties.

May hold fairs and exhibitions, and distribute premiums.

But one society in each county.

Shall be s bject to provisions of law.

Take effect when.

SEC. 3. Any person shall be eligible to membership in such society who shall subscribe to and comply with the articles of association of the same, and shall be a stockholder therein, and entitled to all the privileges and immunities thereof.

SEC. 4. The officers of said society shall be elected annually by the stockholders of said society, and shall constitute a board for the management of the concerns of the society, and it shall be their duty to manage the property and concerns of said society as will best promote the interests of agriculture, horticulture and mechanic arts; and for this purpose they may hold fairs and exhibitions, and may distribute premiums for the best and most meritorious animals or articles exhibited in the several departments, as shall be by their by-laws and regulations provided.

SEC. 5. There shall be but one county society in any one county of this State, nor shall there be more than one town society in any city, town or village.

SEJ. 6. All societies organized in accordance with the provisions of this act, shall be subject to the provisions of law governing corporations, so far as applicable.

SEC. 7. This act shall take effect and be in force from and after publication.

[Approved May 10, 1861.]

I hereby certify that the above act became a law, by publication in the "State Record" at Topeka, May 12, 1861.

J. W. ROBINSON,
Secretary of State.

CHAPTER LXXXI.

AN ACT to authorize the suspension of Specie Payment.

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

pend specie payment.

SECTION 1. It shall be lawful for any bank or banks of this Banks may susState, which shall deposit the bonds of the State of Kansas or those of the United States with the Auditor of State, as a banking basis, to suspend specie payment in the redemption of its circulating notes or bills, from and after the passage of this act, until the first day of July, 1862.

SEC. 2. This act shall be in force from and after its publication. When in force. Approved June 3, 1861.

CHAPTER LXXXII.

Every person diseased stock,

shall restrain his

AN ACT to provide for the protection of Stock from Contagious Disease. Be it enacted by the Legislature of the State of Kansas: SECTION 1. Every person shall so restrain his diseased or distempered cattle, or such as are under his care, that they may not go at large, and no person or persons shall drive any diseased or distempered cattle, affected with any contagious or infectious disease, into or through this State, or from one point thereof to another. Any person or persons offending against this section, shall, on conviction thereof before any justice of the peace, forfeit not less than five nor more than twenty-five dollars for every Shall pay damahead of such cattle, and be liable for all costs and damages. SEC. 2. Any justice of the peace, upon proof before him that any cattle are going at large, or are driven in or through his county, in violation of the preceding section, shall order a constable to impound them, and the owner thereof shall be held liable. for all costs and damages.

ges.

Justice shall orimpound cattle at

der constable to

large.

for impounding

SEC. 3. The constable who may execute the order of any justice Constables' fees of the peace as aforesaid, to impound any such cattle, shall have eattle."

twenty-five cents per head for the first fifty and five cents for each additional head, to be paid by the defendant, upon conviction thereof; but, in case the defendant be discharged, then said costs to be paid by the county; and, if any officer to whom any order A failure to exe- under this law is directed, should fail to execute it, he shall forfeit, in case of a failure, a sum not less than one hundred dollars.

cute shall pay a

forfeiture of one hundred dollars.

No cattle from south shall come into Kansas between April and November.

Offenders shall pay seventy-five dollars.

Duty of Justices when notified.

May order said cattle driven out the State.

Glandered animals shall not run at large.

All fines shall be paid into school fund.

SEC. 4. No person or persons shall be allowed to drive or cause to be driven, into or through the State of Kansas, any drove or droves of cattle from the States of Texas, Arkansas or the Indian territory lying south of the State of Kansas, between the first day of April and November in each year; and any person or persons violating the provisions of this section, shall, for the first offense, be fined in any sum not less than seventy-five dollars, and, for every subsequent offense, in any sum not less than ninety dollars; continuing to drive said cattle through the State shall be deemed a subsequent offense.

SEC. 5. Any justice of the peace, upon an affidavit being filed before him, that any person or persons have driven or caused to be driven any cattle from the States of Texas, Arkansas or the Indian Territory, into his township or county, in violation of the preceding section, shall forthwith issue a warrant for the arrest of the offender, which warrant shall be executed by the sheriff of the county, or by any constable thereof, or by some competent person, specially deputed by the justice for that purpose. When any person shall be brought before a justice of the peace under the provisions of this act, it shall be the duty of the justice to hear and determine, in a summary manner, the complaint alleged against the defendant; and, if said person or persons, so arraigned, shall be found guilty of violating the provisions of this act, it shall be the duty of the justice to issue an order to the sheriff or constable of the county, directing him to drive said cattle out of the State, over and on the same route whence they came in, and and the said sheriff or constable is hereby empowered to drive said cattle in or through any county through which said cattle may have been driven on their way into this State.

SEC. 6. It shall not be lawful for any person to use, let, sell or permit to run at large, any horse, mule or ass, diseased with glanders. Any person violating the provisions of this section shall pay a fine not less than five nor more than fifty dollars, and shall be liable for all damages.

SEC. 7. All fines and forfeitures incurred under the provisions of this act, shall be recovered by action before any justice of the