Terms of District Court-fth judicial district. Judges may hold special terms of court. How ordered. Court held at county seat. cept upon the order of the Judge, for the purpose of the trial of persons charged with crime; and thereafter the terms of the District Court in said counties shall commence as follows:-In the county of Johnson on the first Monday in March and September; in the county of Lykins on the second Monday in March and September; in the county of Linn on the third Monday in March and September; in the county of Bourbon on the fourth Monday of March and September; in the county of Allen on the fourth Monday after the first Monday in March and September; in the county of Anderson on the fifth Monday after the first Monday of March and September; in the county of Franklin on the sixth Monday after the first Monday in March and September; in the county of Douglas on the seventh Monday after the first Monday in March and September. SEC. 7. The terms of the District Court for the fifth judicial district, shall commence in each year as follows:-In the county of Coffey on the third Monday of February and August; in the county of Woodson on the first Monday of September; in the county of Osage on the sixth Monday after the first Monday in March and September; in the county of Breckinridge on the seventh Monday after the first Monday of March and September; in the county of Morris on the eighth Monday after the first Monday in September; in the county of Chase on eighth Monday after the first Monday in March; Provided, There shall be no term held in this district previous to August, 1861. SEC. 8. The Judges of the several District Courts, on the written request of two of the county commissioners, shall have power to hold such special and adjourned terms in any county in their respective districts as they may deem necessary. The order, calling such special term, shall be issued by the Judge to the sheriff of the county wherein such special term shall be held, at least thirty days before the first day of such term; and said sheriff shall immediately publish such order in at least one newspaper published in said county, or, if no newspaper is published in said county, then by posting a copy of the same in a conspicuous place in each township of said county; but there shall not be any jury summoned at any such special or adjourned term, except upon the order of the Judge. SEC. 9. The several terms of the District Court shall be held at the county seats of the several counties in which Courts are established by this act. SEO. 10. When a county is attached to another for judicia for judicial pur purposes, the jurisdiction of the county to which it is attached Counties attached shall be the same as if it formed a part thereof, and where the poses. county attached has an organization and officers of its own, all writs, subpenas and process of whatever kind, shall be directed to and served by the sheriff or his deputy of said county attached, and all costs of issuing and serving such process, together with all witness fees in criminal cases, arising within such attached county, shall be audited and paid by said county, and the sheriff in such county shall only be allowed mileage from his residence to the place of service of said writs or other process. when. SEC. 11. This act shall take effect and be in force from and Take effectafter its publication, and, immediately after its approval by the Governor, the Secretary of State shall publish an authenticated copy of the same, twice, in some newspaper published at the capital of this State, which shall constitute such publication. Approved May 20, 1861. I hereby certify that the above bill became a law by publication in the "Topeka State Record," on the 22d day of May, A. D. 1861. J. W. ROBINSON, Sec'y of State. CHAPTER XXIV. AN ACT defining the duties and prescribing the qualifications of the Clerks of the Be it enacted by the Legislature of the State of Kansas: shall take an oath. SECTION 1. That each clerk of the district court, who was elect- District Clerk ed on the first Tuesday in December, 1859, or who has since been elected or appointed to fill a vacancy, or who shall hereafter be elected or appointed, shall, before entering upon the performance of the duties of his said office, take and subscribe an oath or affirmation, in writing, before some person by law authorized to administer oaths, that he will support the Constitution of the United States, and the Constitution of the State of Kansas, and faithfully discharge the duties of his said office; and shall, also, execute a bond to the State of Kansas, with two or more sufficient sure given. ties, to be approved by the county commissioners, or chairman Amount of bonds and clerk thereof, in the penal sum of not less than ten nor more than sixty thousand dollars, conditioned that he will truly and Shall pay over all faithfully pay over to the proper person or persons, all moneys which may be by him received in his official capacity, and faithBond filed with fully discharge the duties of his said office, which said bond and oath of office shall be filed with the county clerk. moneys. County Clerk. Duties of District Power to appoint a clerk. SEC. 2. That the clerks of the district courts shall do and perform all duties that may be required of them by law, or the rules and practice of the courts, and shall safely keep and preserve all papers, process, pleadings and awards that may be filed, or by law placed in their respective offices. SEO. 3. Each of said clerks may appoint one or more deputies in his proper county, and the appointment of every such deputy shall be evidenced by a certificate thereof, in writing, under the hand of such clerk and the seal of the court, to be entered on the records thereof, and shall continue during the pleasure of the clerk; and every such clerk may take from his deputy or deputies such a bond as he may deem necessary to secure the Shall be responsi- faithful discharge of his or their duties; and said clerk shall be liable, on his bond, for any default, neglect or misconduct of his deputies. ble for the actions of his deputy. Deputy take the oath. District Clerks SEC. 4. Every such deputy clerk shall, before entering upon the duties of his office, take the oath of office hereinbefore provided. SEC. 5. The clerks of the district courts shall have authority oaths or affirma- to administer oaths and affirmations in all cases in which an oath may administer tions. or affirmation may be required, and may take acknowledgments of deeds, mortgages, and other instruments of writing, in this State. SEC. 6. Said clerks shall keep their offices at the seat of justice of their respective counties, and in case a vacancy shall occur in the office of clerk in any county, by death, or resignation, or otherwise, the judge of the proper district court shall, and he is hereby authorized and required to appoint, a clerk pro tempore, who shall hold his office until the next general election thereafter, and until his successor in office shall be elected and qualified, and he shall take the oath and execute the bond in this act provided for. SEC. 7. All acts and parts of acts, inconsistent with the provisions of this act, are hereby repealed. SEC. 8. This act shall take effect and be in force from and after its publication once in some newspaper printed at the capital. I hereby certify the above bill became a law by publication in the "Topeka State Record," May 8, 1861. J. W. ROBINSON, Secretary of State. CHAPTER XXV. AN ACT to establish and define the jurisdiction of the Probate Courts. Be it enacted by the Legislature of the State of Kansas: SECTION 1. The probate courts shall be courts of record, and, Jurisdiction of within their respective counties, shall have original jurisdiction in all matters relating to the probate of last wills and testaments, the granting of letters testamentary and of administration, and the proceedings authorized by law under such letters, in all matters arising under the laws relating to executors and administrators, and the laws relating to descents and distributions, in all matters relating to the appointment of guardians for minors, persons of unsound mind and habitual drunkards, and in all matters. arising under the laws relating to the estates of minors, persons of unsound mind and habitual drunkards; in all matters arising under the laws in reference to dower, and the relationship of master and apprentice, and such other probate jurisdiction as is or may be conferred upon them by law; and they shall have con- Prohte Judges current jurisdiction with the supreme and district courts, in cases of habeas corpus. shall have concurrent jurisdiction. Before entering upon office, Probate Judge shall SEC. 2. Each probate judge shall, before entering upon the duties of his office, or before the first day of July, A. D. 1861, execute give bonds. to the State of Kansas a bond, in the penal sum of three thousand dollars, with two or more sufficient securities, to be approved by the county treasurer, conditioned for the faithful performance of the duties of his office, and for the faithful application and payment of all moneys and effects that may come into his hands oath. in the execution of the duties of his office; and shall take and shall subscribe an subscribe an oath to support the Constitution of the United States and the Constitution of the State of Kansas, and faithfully to discharge the duties of his office, which oath shall be indorsed on his bond; and the said bond and oath shall be filed in the office of the county clerk. Judges shall be their own Clerks. SEO. 3. Each probate judge shall be his own clerk, and shall Records open to keep a record of all his official acts, which record shall be open to the inspection of all persons, without charge. inspection. Probate Courts shall have a seal. Shall hold four terms a year. Fees allowed by law. Inconsistent acts are repealed. When and how to take effect. SEC. 4. Each probate court shall have a seal, with which all process issuing therefrom shall be authenticated; which seal shall be provided by the board of county commissioners, and shall contain the following words, viz: "Probate Court, naming the county for which such seal is provided. county;" SEC. 5. Each probate court shall hold regular terms on the first Mondays of January, April, July and October, in each year; and the judge thereof shall have power to call as many special terms as the business thereof may require. SEC. 6. The probate judges shall receive for their services such fees as are or may be allowed them by law. SEC. 7. All acts and parts of acts, inconsistent with this act, are hereby repealed. SEC. 8. This act shall take effect and be in force from and after its publication; and it shall be the duty of the secretary of State, immediately on its approval by the Governor, to cause the same to be printed at least once in some newspaper printed at the city of Topeka, which shall constitute such publication. Approved June 3, 1861. I hereby certify that the above bill became a law by publication in the "State Record," June 8, 1861. J. W. ROBINSON, Secretary of State. Jurisdiction of! CHAPTER XXVI. AN ACT relating to the Organization of Justices' Courts, and their Powerand Duties. Be it enacted by the Legislature of the State of Kansas : SECTION 1. That the justices of the peace elected or appointed under the State Constitution, or hereafter appointed or elected according to law, are hereby vested with all the civil and criminal jurisdiction, authority, powers and duties which were, by law, conferred upon justices of the peace at the time of the admission |