Page images
PDF
EPUB

SEC. 10. This act to take effect and be in force from and after When to take

its publication.

Approved May 21st, 1861.

effect.

CHAPTER XXII.

AN ACT relating to the organization of Courts of Justice and their powers and duties.

District Courts

shall be courts of

record. Shall have

jurisdiction in all cases above justices.

Be it enacted by the Legislature of the State of Kansas: SECTION 1. The District Courts shall be courts of record, and, within their respective districts, shall have original jurisdiction in all civil cases whatever, when the sum or matter in dispute exceeds the jurisdiction of Justices of the Peace, and appellate jurisdiction from the decisions of County Commissioners, Probate Courts, Justices of the Peace and other inferior courts, in the proper county, in all civil cases, subject to the regulations provided by law. They shall have original jurisdiction of all crimes shall have jurisand offenses except in cases of minor offenses, the exclusive crimes except mijurisdiction of which is or may be possessed by Justices of the Peace, or that may be vested in courts inferior to the District Courts, and shall have power to issue remedial and all other

process.

diction of all

nor offenses.

distribute busi

district courts.

SEC. 2. The said District Courts shall have full power to shall classify and classify and distribute business therein, as may be necessary; to ness. make rules and regulations for practice therein, until otherwise Powers of the provided by law; to appoint receivers; to tax costs; to enforce the attendance of witnesses, jurors and officers; to punish contempt, in open court or at chambers, by fine, not to exceed one Fine not to exceed hundred dollars, and imprisonment, or either, and to assign not exceeding two attorneys to prisoners who may be unable to employ counsel.

one hundred dol's.

Judges exercise lowed under the

all functions al

statutes of the

SEC. 3. The Judges of said District Courts, in and for their respective districts, may exercise all judicial functions allowed or required of the District Judges under the statutes of the late Territory. Territory, and, in addition thereto, said Judges may hear and May hear motion decide motions in vacations, to dissolve or modify injunctions

in vacations.

Secretary of state shall procure a seal for each county.

and dissolve attachments, and to grant or vacate all necessary interlocutory orders.

SEC. 4. The Secretary of State shall immediately, at the expense of the State, procure for each of the several counties, a seal for the District Court, to contain these words: "The District Court, county, Kansas," inserting the name of the county in which said seal is to be used, which said seal shall be in the custody of the clerk of said Court, and with said seal he shall authenticate all of his official acts; Provided, That it ficial acts by seal. shall be lawful for the clerks of the several District Courts to use the seal heretofore in use in the District Courts, under the late Territorial government, until the seals herein provided for shall be obtained; and, where no such seal has been provided, it shall be May use a private lawful for the said clerks to use a private seal.

Clerk shall au

thenticate all of

Old sea!s may be used till new ones are obtained.

seal.

Acts under terri

tory, not incon

main in force.

SEC. 5. All laws of the Territory of Kansas, in force at the sistent, shall re- time of the admission of Kansas into the Union, conferring jurisdiction, regulating appeals, actions, writs or petitions in error, practice civil and criminal procedure, duties and functions of clerks, jurors, justices of the peace, and pertaining to actions, prosecutions and courts, not inconsistent with this act, shall continue in force until changed by law, and are hereby made applicable to the State of Kansas.

In case of the inability to sit, a judge pro tem shall be elected.

take the oath and have the same

powers.

SEC. 6. If, from any cause, such as absence, sickness, interest, or having been of counsel in a cause, the Judge of the District Court cannot sit in the trial of a cause or causes pending in said Court, a Judge pro tem. shall be elected by the bar for the trial of such causes, which election shall be conducted under the direction of the Judge [of] said Court, or, in his absence, of the Pro tem. Judges clerk. The same oath shall be administered to such pro tem. Judge as is required by law of the Judge of the District Court, and he shall have the same powers and duties during the trial of the cause or causes. For the purpose of conducting the election by ballot, herein provided for, the clerk of the Court shall enrol the names of the practicing attorneys at such bar. The parties and attorneys, in any special case where the Judge is interested or otherwise unable to sit in such case, may consent that some may act as judge attorney may act as Judge, and such attorney, in such case, shall take the same oath as the Judge, for such cause, and in it shall have all the powers of the District Judge.

Some attorney

in certain cases.

District judges

may hold termswhen.

SEC. 7. The District Judges may hold terms of Court in any district of the State, at the instance of the Judge thereof, for the

purpose of which he shall have the power and jurisdiction of such Judge.

shall take effect.

SEC. 8. This act shall take effect and be in force from and When and how after its publication, and immediately upon its approval by the Governor, the Secretary of State shall publish an authenticated copy of the same, once, in some newspaper printed at the Capital of this State, which shall constitute such publication. [Approved April 24th, 1861.]

I hereby certify that the above bill became a law by publication in the "Topeka State Record," April 25th, 1861.

J. W. ROBINSON,

Sec'y of State.

CHAPTER XXIII.

AN ACT regulating the terms of the District Court in the several Judicial

Districts.

Certain counties

dicial purposes.

Be it enacted by the Legislature of the State of Kansas: SECTION 1. For judicial purposes, the counties of Clay, Dick- attached for ju inson, Saline and Ottawa, shall be attached to the county of Davis; the counties of Washington, Republic and Shirley, to the county of Marshall; the counties of Greenwood, Wilson and Godfrey, to the county of Woodson; the counties of Madison, Butler, Irving and Otoe, to the county of Breckinridge; the county of Marion to the county of Chase; the county of Peketon to the county of Morris.

are detached from

SEC. 2. The county of Woodson is hereby detached from the Certain counties county of Coffey, and the county of Osage from the county of other counties. Shawnee, and the clerks of the District Courts in said counties of Coffey and Shawnee shall make out and deliver to the clerks of the District Courts, for the said counties of Woodson and Osage, respectively, a full and complete transcript of the records of all process and proceedings pending, and of cases tried and determined in the District Courts of said counties, between parties or against defendants resident in said counties of Woodson and Osage, and deliver to the clerks of said counties the same, together with all papers on file in their offices, respectively, be

Terms of the District Courtfirst district.

Terms of the District Courtsecond judicial district.

longing to or pertaining to such causes; which transfer shall be indorsed and verified on the court record of said District Courts of the said counties of Coffey and Shawnee by the persons receiving the same; any expenses incurred in such transfer to be paid by the counties receiving such transcript and papers. Upon the receipt of such transcripts and papers, the said clerks of the counties of Woodson and Osage shall file such papers and enter at large such transcripts upon the court records of their counties, respectively, and thereupon such papers and records, and the causes to which they pertain, shall be treated, in all respects, and have the same legal force and effect as if such papers had been originally filed and said cause had been originally commenced in said counties.

SEC. 3. The terms of the District Court for the first judicial district, for the year A. D. 1861, shall commence as follows :In the county of Wyandott on the first Monday in October, and thereafter annually on the first Monday of March and September; in the county of Jackson on the third Monday of September, A. D. 1861, and thereafter annually on the third Monday of March and September; in the county of Jefferson on the third Monday in October for the year A. D. 1861, and annually thereafter on the third Monday of May and the first Monday in November; in the county of Leavenworth on the first Monday of November for the year A. D. 1861, and thereafter annually on the first Monday of May, October, December and February.

SEC. 4. The terms of the District Court for the second judicial district for the year A. D. 1861, shall commence as follows::In the county of Atchison on the first Monday in October; in the county of Doniphan on the third Monday in October; in the county of Brown on the first Monday of November; in the county of Nemaha on the second Monday of November; in the county of Marshall on the third Monday of November, and thereafter the terms of the District Court in said counties shall commence as follows, each and every year:-In the county of Atchison on the fourth Mondays of February, September and December; in the county of Doniphan on the third Monday of March and the second Mondays of September and December; in the county of Brown on the first Monday of April and second Monday of October; in the county of Nemaha on the second Monday of April and the third Monday of October; in the county of Marshall on the third Monday of April and fourth Monday of Octobor; but no jury shall be summoned for the December terms in Doniphan and Atchison counties, unless specially ordered by the Court.

The county of Nemaha is hereby detached from the county of Brown, and the papers and records pertaining to the county of Nemaha are hereby transferred from the county of Brown to the county of Nemaha, in accordance with the provisions of the second section of this act.

[ocr errors]

SEC. 5. The terms of the District Court for the third judicial district for the year A. D. 1861, shall commence as follows:In the county of Davis on the first Monday in September; in the county of Riley on the second Monday in September; in the county of Pottawattamie on the third Monday in September; in the county of Wabaunsee on the fourth Monday in September ; in the county of Shawnee on the first Monday in October; but, thereafter and until otherwise provided by law, the District Court in said district shall commence as follows:-In the county of Davis on the first Monday in March and September; in the county of Riley on the second Monday in March and September; in the county of Pottawattamic on the third Monday in March and September; in the county of Wabaunsee on the fourth Monday in March and September; in the county of Shawnee on the second Monday after the fourth Monday in March and September. The counties of Riley, Wabaunsee and Pottawattamie are hereby detached from the county of Davis, and all the records and books pertaining to the counties of Davis, Clay, Dickinson, Riley, Wabaunsee and Pottawattamie are to be deposited in the county of Riley, and the papers and records pertaining to the counties of Davis, Dickinson and Clay are hereby transferred from said county of Riley to the county of Davis, and the records and papers pertaining to the counties of Pottawattamie and Wabaunsee to the counties of Pottowattamie and Wabaunsee, respectively, in accordance with the provisions of section second of this act.

Terms of the District Courtthird judicial district.

District Courtfourth judicial district.

SEC. 6. The terms of the District Court for the fourth judicial Terms of the district for the year A. D. 1861, shall commence as follows:In the county of Johnson on the first Monday in June; in the county of Douglas on the third Monday in June; in the county of Franklin on the first Monday in September; in the county of Anderson on the second Monday in September; in the county of Allen on the third Monday in September; in the county of Bourbon on the fourth Monday in September; in the county of Linn on the fifth Monday in September; in the county of Lykins on the second Monday in October; and at the June term in Johnson and Douglas counties there shall not be any jury summoned ex

« ՆախորդըՇարունակել »