the principal and securities in the bond, by the sheriff, in the same manner as other fee bills, for which service the sheriff shall be allowed the same fees as for serving notices. tion may be is SEC. 17. That if the costs and charges are not paid on or When execubefore the first day of the next term of the Dtstrict Court, nor sued." any cause shown why they should not be paid, the clerk may issue execution for the same against the parties on whom the fee bills were served. for costs and SEC. 18. That nothing in the two preceding sections shall be Clerk may sue construed to prevent the clerk from instituting suit on such bond charges. for the recovery of the costs and charges. on this subject repealed. SEC. 19. That all acts and parts of acts heretofore passed All other acts upon the subject of fugitives from justice from other Territories or States be and the same are hereby repealed. This act not ap SEC. 20. That nothing in this Act shall be construed to apply plied to fugi to fugitives from slavery from any other State or Territory. G. W. DEITZLER, Speaker of House of Representatives. C. W. BABCOCK, President of the Council. Approved February 6, 1858. J. W. DENVER, Acting Governor. tive slaves. CHAPTER XXXV. GAMING. AN ACT to Suppress Gaming. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: dealing or car games. SEC. 1. That every person who shall deal, play, carry on, Penalty for open or cause to be opened, or who shall conduct, either as rying on certain owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, or any banking games, played with cards, dice or any other device, whether the same be played for money, checks, credit, or any representative of value, shall be guilty of felony, and on conviction thereof, shall be punished by imprisonment in the public prison, which is or may Penalty for betting against said games. Of witnesses. Fee of District hereafter be provided in this Territory for the confinement of prisoners, for a term not less than six months nor more than two years, and by fine not exceeding five thousand dollars. SEC. 2. That every person who shall bet, hazard, or bet money, checks, or anything of value against said games mentioned in the previous section, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not exceeding five hundred dollars, and imprisonment in the county jail not exceeding six months. SEC. 3. That no person, otherwise competent as a witness, shall be disqualified from testifying as a witness, either before a grand or petit jury, concerning the offences mentioned in the foregoing sections, on the ground that his testimony may criminate himself; but such testimony shall be reduced to writing, and no indictment or prosecution shall afterwards be brought against him for said offences, concerning which he has testified as a witness. SEC. 4. That the district attorneys of the various counties of this Territory shall receive fifty dollars for every conviction under How collected. this Act, to be collected out of the property of the party so con Persons allowing games to be house. victed. SEC. 5. That every person who shall knowingly permit any of played in their the games mentioned in the first section of this Act, to be played, conducted or dealt in any house owned by him or her, in whole or part, or rented by him or her, in whole or in part, shall be guilty of a misdemeanor, and on conviction, shall be fined not less than five hundred nor more than five thousand dollars, and imprisoned in the county jail not exceeding twelve months. Penalty. SEC. 6. That all acts or parts of acts inconsistent with this Act, are hereby repealed. This Act to take effect and be in force from and after its passage. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 12, 1858. J. W. DENVER, Acting Governor. AN ACT to Regulate the Toll of Grist Mills and prescribing certain Duties of Be it enacted by the Governor and Legislative Assembly of mills. SEC. 1. That at all water grist mills there shall not be charged Toll at water for toll a higher rate than one seventh part for grinding and bolting wheat and rye, and for grinding Indian corn, oats and barley, and for grinding malt and chopping rye, wind and horse SEC. 2. That at all steam, wind and horse grist mills there Tollat steam, shall not be charged for toll a higher rate than one sixth part for mills. grinding and bolting wheat and rye, and grinding Indian corn, oats and barley, and for grinding malt and chopping rye. left at mills, SEC. 3. Every bag or cask deposited at any grist mill shall Bags and casks have marked on it, in distinct and durable characters, at least how marked. the initial letters of the christian, and the whole of the surname of the owner of such bag or cask; and when so marked, and in that case only, if the same be lost or destroyed, except by unavoidable accident, said owner shall recover the value of the grain, bag or cask so lost or destroyed. to grind. SEC. 4. That every miller who shall fail to grind grain brought Millers failing to his mill, in turn, (except for purposes of distillation,) or to receive and carry into and out of such mill, load and unload such grain when demanded by the owner thereof, shall be liable to such owner for damages in a sum not exceeding twenty dollars, nor less than two dollars. SEC. 5. That if any miller shall fail to keep posted up, in a conspicuous place in his mill, the rates of tolls he shall charge for grinding grain, not exceeding the rates established by this Act, or shall demand or receive a greater rate than is so posted up, he shall forfeit to any person who may sue for the same, the sum of one dollar for every day he shall fail to keep such rates so posted up, or in every case in which he shall demand or receive such greater rate. Penalty. Rates of toll to be posted up in mill. lation of this SEC. 6. That for any violation of this Act, other than in its Penalty for vioprovisions of the 5th section, such violation shall be punished Act. by fine, not less than five dollars, at the discretion of the court. Provided, that the provisions of this Act shall extend to mills Proviso. which grind for tolls, and no others, such only being declared public mills. All acts and parts of acts conflicting with the provisions of this Act be, and the same are hereby repealed. This Act to take effect and be in force from and after its Penalty for allowing seed CHAPTER XXXVII. HORSES AND MULES. AN ACT respecting Horses and Mules. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. If any seed horse, mule or jackass, over the age horses, mules, of two years, be permitted to run at large, the owner shall be &c., to run at large. Escaping by neglect. Penalty. May be taken up. notified of such horse, mule or jackass, and if said owner fail or refuse to take such horse, mule or jack and confine the same, he shall be fined for the first offence five dollars, and for every subsequent offence, not exceeding ten dollars, to be recovered by action of debt, before a justice of the peace in and for said county, to be recovered by any person who will prosecute for the same, which fines shall be paid into the common school fund in and for the township in which said suit is prosecuted. SEC. 2. If any stallion or jack which is kept for the purpose of breeding, should escape from the owner by his neglect, and the same shall be taken up, the owner thereof shall be bound for all damages sustained by any person or persons, and shall be fined for the first offence five dollars, and for every subsequent offence ten dollars, to be collected and applied as specified in section first. SEC. 3. If any stallion or jack or mule not used for breeding, over the age of two years, shall be found running at large, and any person shall have taken up the same, such person so doing shall notify the owner in person, or, if not to be found, by leaving a written notice at his or her place of abode; and if he or she fail or neglect to take such property and confine the same, within three days after he or she have been notified, then the taker up of such property may be entitled to the privilege of castrating the animal, using the ordinary precaution for the preservation of the life of the animal, the animal to be retained possession of by the taker up until all charges are paid. killed. SEC. 4. If any horse, mule or jack, not used for breeding, be Animal may be running at large and cannot be taken up, the owner, upon notice given him in person, and he refusing to take and confine the same, within six days after such notice, such animal may be killed by the person giving notice, or by any person who may be liable to damage, such sums to be collected from the owner as will pay all damages. cident. SEC. 5. If any horse, mule or jack shall escape from his If escape by acowner by accident, he shall be liable for all damage, but shall not be liable to be fined. pas This Act to take effect and be in force from and after its sage, and all acts and parts of acts conflicting with this Act, are hereby repealed. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. C. W. BABCOCK, President of the Council. Approved February 9, 1858. J. W. DENVER, Acting Governor. Repeal. CHAPTER XXXVIII. IIIGHWAYS. AN ACT entitled "An Act to provide for the Opening, Vacating and Change of HIGHWAYS RUNNING INTO MORE THAN ONE COUNTY TO BE CALLED TERRITORIAL ROADS. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That if twenty-four freeholders of any county Manner of peshall petition the Board of County Commissioners of such titioning. |