ARTICLE II. An act supplemental to, and amendatory of " an act providing for the pay of the clerks of the present legislature. § 1. Pay of assistant, enrolling and engrossing clerks, how paid. 2. Allowance to Joseph M. Fox, as engrossing clerk of the house. Be it enacted by the governor and legislative assembly of the Territory of Kansas, as follows: SECTION 1. That in case the secretary of the Territory shall refuse to give his assent to the payment of the clerks, as provided in an act passed at the present session of the legislature, to which this is supplementary and amendatory, then there shall be allowed to the enrolling and engrossing clerks of each house, and the second assistant clerk of the house, the sum of four dollars per day from the day of their appointment to the expiration of the session, to be paid out of any moneys in the territorial treasury not otherwise appropriated. SEC. 2. There shall also be allowed to Joseph M. Fox the sum of seventy-five dollars for his services as engrossing clerk to the house, to be paid as provided in the first section of this act. This act to take effect and be in force from and after its passage. CHAPTER XXII. CONFINEMENT AND HARD LABOR. An act providing a system of confinement and hard labor. Be it enacted by the governor and legislative assembly of the Territory of Kansas, as follows: SECTION 1. Every keeper of a jail, or other public prison, within this Territory, is hereby required to cause all convicts who may be confined in the prison of which he is the keeper, under sentence of confinement and hard labor, either on the streets, roads, public buildings, or other public works of the Territory, or on some public works of the county in which such convicts may be imprisoned, or on private works wherever may be hereinafter specified; or if there be no public works of the Territory on which to employ such convicts, or if the county wherein such convicts may be confined have no public works on which to employ such convicts, then such convicts may be employed on the public works of any other county in the Territory where there may be work to employ such convicts; or such convicts may be employed on the public works of any incorporate town or city, within this Territory, either in the county in which such convicts may be confined, or in some other county in the Territory. SEC. 2. Every person who may be sentenced by any court of competent jurisdiction, under any law in force within this Territory, to punishment by confinement and hard labor, shall be deemed a convict, and shall immediately, under the charge of the keeper of such jail or public prison, or under the charge of such person as the keeper of such jail or public prison may select, may be put to hard labor, as in the first section of this act specified; and such keeper or other person, having charge of such convict, shall cause such convict, while engaged at such labor, to be securely confined by a chain six feet in length, of not less than four-sixteenths nor more than three-eighths of an inch links, with a round ball of iron, of not less than four nor more than six inches in diameter, attached, which chain shall be securely fastened to the ankle of such convict with a strong lock and key; and such keeper or other person, having charge of such convict, may, if necessary, confine such convict, while so engaged at hard labor, by other chains or other means in his discretion, so as to keep such convict secure and prevent his escape; and when there shall be two or more convicts under the charge of such keeper, or other person, such convicts shall be fastened together by strong chains, with strong locks and keys, during the time such convicts shall be engaged in hard labor without the walls of any jail or prison. SEC. 3. Whenever any convict shall be employed at labor for any incorporate town or city, or any county, such town, city or county shall pay into the territorial treasury the sum of fifty cents for each convict, for every day such convict shall be engaged at such labor: and whenever such convict shall be employed upon private hireing at labor, it shall be at such price, each, per day, as may be agreed upon with such keeper, or other person, having charge of such; and the proceeds of said labor shall be collected by such keeper and put into the territorial treasury. SEC. 4. All convicts sentenced to confinement and hard labor shall, at night, and at all other times when not employed at labor, be closely confined either in some jail or prison; and every county jail, or other public prison in this Territory, shall be free for the use of any keeper or other person having charge of such convicts, for the confinement of such convicts; and the said keeper, or other person having charge of such convicts, shall see that such convicts are securely kept, and may, in his discretions release such convicts from their chains while closely confined in prison, provided a due precaution be observed to prevent escape. SEC. 5. The tribunal transacting county business for each county shall have a care over the security of all jails within their separate counties, and shall provide each jail with a sufficiency of blankets to secure the comfort of all persons or convicts confined therein, and shall furnish each jail with one bible for each prisoner or convict so confined. SEC. 6. The keeper of every jail or public prison shall, whenever it may become necessary, secure the services of a physician for any prisoner or convict under his charge, and shall, at the request of any prisoner or convict, at any time, request the allowance of a minister or priest. SEC. 7. There shall be appointed by the governor, by and with the consent of the council, a master of convicts, who shall give bond with approved security, in such penalty as the auditor of public accounts may prescribe, conditioned for the faithful performance of the duties of his office, which bond shall be filed in the office of public accounts; and such master of convicts shall be commissioned by the governor, and take the oath of office prescribed by law, which shall be endorsed on such commission. SEC. 8. Such master of convicts shall, whenever the public works at any one public place justify, order all or any number of the convicts to concentrate at such points, and shall have charge and control of such convicts any way; employ as many guards as may be necessary, not to exceed ten in number; and if the public works of any kind shall require the labor of such convicts at two or more places at the same time, such master of convicts may so dispose of them; and such master of convicts may remove such convicts, from place to place, as he may deem best in disposing of their labor; and all keepers and other persons having charge of such convicts shall be subject to the order of the master of convicts, in the disposition of the labor of such convicts. SEC. 9. The master of convicts shall receive for his services two dollars and a half for every day he may be actually engaged in the duties of his office, and each keeper or other person having charge of convicts shall receive for his services three dollars and a half per day for each day he may be actually engaged in the discharge of the duties aforesaid, and every guard employed under the provisions of this act shall receive one dollar and a half per day for his services while so employed. SEC. 10. So soon as a penitentiary shall have been erected in this Territory, all convicts who may be confined under the provisions of this act, shall, under the order of the district court of each district in which said convicts may be confined, be placed in charge of the keeper of such penitentiary, under and by virtue of the laws governing such penitentiary; which order of such district court, entered upon the records thereof, requiring the keeper of the county jail or prison to transfer all convicts under his charge to the keeper of the penitentiary, certified under the seal of such, shall be sufficient authority to such keeper of any such jail or prison to give up any such convicts, and to such keeper of the penitentiary to receive the same; and so soon as the convicts shall be so transferred to the keeper of the penitentiary, the services of such master of convicts shall be dispensed with, and his office shall be vacated. SEC. 11. The master of convicts shall procure at the public expense necessary clothes, chains and manacles, that may be required for such convicts as shall be under his immediate charge, and shall see that such convicts are fed on wholesome food; and all keepers of jails or prisons, having charge of any convicts, shall procure necessary clothes, chains and manacles for such convicts as may be under their charge, and shall furnish to such convicts wholesome food; and all expenses incurred under this act shall be audited and paid out of the public fund. SEC. 12. The master of convicts shall prescribe coarse, strong clothing, suited to the season, for all convicts, which shall be uniform. throughout the Territory. This act shall not be so construed as to subject females to hard labor. This act to take effect and be in force from and after its passage. CHAPTER XXIII. CONSTABLES. An act providing for the appointment of constables, and prescribing their duties. § 1. Constables, by whom appointed. 2. Shall give bond; condition of the bond; 3. In certain cases to give a new bond. 5. How vacancies to be filled; bond to be 6. Bond to be filed with clerk; suits for breach of, by whom brought; limitation of suits on the bond. 7. May appoint deputies; liable for their conduct. 8. Withholding money collected, may be removed from office, when and how. § 9. May serve criminal process, warrants, and subpoenas, throughout their counties. 10. In case of vacancy in the office of constable in any township, or refusal of the proper constable to serve, &c., by whom civil process to be served. 11. Whenever summary proceedings are given against a constable, his sureties liable, &c. 12. If any township be divided, the constable in office shall continue to be constable of the township in which he resides, &c. 13. Constables and their sureties liable for money collected, whether collected by process or not. Be it enacted by the governor and legislative assembly of the Territory of Kansas, as follows: SECTION 1. There shall be in each township, in each county in this Territory, one constable, who shall be appointed by the tribunal transacting county business, and shall hold his office until the second general election. SEC. 2. Every constable, within ten days after his appointment, shall give bond to the Territory, with good securities, residents of the county, for not less than four hundred, nor more than ten thousand dollars, conditioned that he will execute all process to him directed and delivered, and pay over all money received by him by virtue of his office, and in every respect discharge all the duties of constable according to law; the said bond shall be approved by the tribunal transacting county business, or the clerk in vacation; and, if taken by the clerk in vacation, shall be approved or rejected by the tribunal transacting county business at the next term.* SEC. 3. Whenever any surety of a constable shall die, or remove from the county in which he executed the bond, or become insolvent, or when, from any other cause, the tribunal shall have reason to believe that the sureties to a constable's bond are likely to become, or have become insufficient, the court shall require the constable, at a time to be appointed, to show cause why a new bond should not be given; and unless such cause be shown, the constable shall be required, within a given time, to enter into a new bond, and in default thereof, the office shall be vacant, which shall be filled as other vacancies. SEC. 4. After the approval of such new bond by the tribunal, the sureties of the former bond shall be discharged from all liabilities that may thereafter accrue. SEC. 5. If any vacancy occur in the office of constable, the tribunal transacting county business shall fill such vacancy by appointment of some suitable person, who shall continue in office until the next general election, and until a successor be qualified; and the constable appointed shall execute a bond similar to that given by a constable who is elected. SEC. 6. The constable's bond shall be filed with the clerk of the tribunal transacting county business, and may be sued upon at the instance of any person injured by its breach, if brought within two years from the expiration of the time for which the constable was elected or appointed. SEC. 7. Every constable may appoint deputies, for whose conduct he shall be answerable, which appointment shall be filed in the office of the clerk of the tribunal transacting county business. SEC. 8. If any constable shall detain from any person any money collected by him by virtue of his office, after being required to pay the same, he shall be removed from office by the tribunal transacting county business, on motion founded on charges exhibited; a notice of the motion and a copy of the charges shall be served on the constable ten days before the day on which the motion is made. SEC. 9. Constables may serve criminal process, warrants and subpoenas, and all process against a constable and his sureties as such, throughout their respective counties, and all other process throughout their respective townships, except where it is otherwise expressly directed. SEC. 10. In case of vacancy in the office of constable in any township, or refusal of the proper constable to serve the civil process directed to the constable of such township, the same may be executed by the constable of any adjoining township in which there may be an acting constable, to be designated by the plaintiff or justice issuing such process, in the same manner, and with like effect, as if excuted and returned by the constable of the township in which the vacancy exists, or refusal occurs. *The failure of the county court (or tribunal) to approve or reject a constable's bond taken by the clerk, in vacation, will not invalidate the bond. The duty enjoined upon the county court, in this respect, was intended for the security of the public, and their omission to perform such duty cannot injure the constable and his securities. Jones, et al., vs. the State, to use of Blow, 7 Missouri Rep., 81. |