of Kansas into the Union. This section shall not be construed This section how to interfere, in any manner, with the jurisdiction of municipal officers, or officers exercising police jurisdiction in incorporated cities under existing laws. a to be construed. Peace, elected or Probed, shall give Bond and oath to when. be filed with county clerk, Persons agaiust whom judgment rendered, have stay of execution. SEC. 2. That, in all cases where justices of the peace have been Justices of the heretofore elected or appointed under the State Constitution, and have not given bond and taken the oath of office under existing laws, and where others were not elected to fill vacancies on the second Tuesday of April, A. D. 1861, shall execute their bond and take the oath of office according to law, and file the same with the county clerk, on or before the first day of July, A. D. 1861, which shall constitute them legal justices of the peace. SEC. 3. Any person against whom a judgment may be rendered by a justice of the peace in any civil action, except for breach of his official bond, may have stay of execution for the several periods of time hereinafter mentioned, by entering into an undertaking to the adverse party within ten days after the rendition of such judgment, with good and sufficient surety, resident of the county, such as the justice shall approve, conditioned Bond, how condifor the payment of the amount of such judgment, interest and costs that may accrue, which undertaking shall be entered on the Undertaking to be docket of the justice, and shall be signed by the surety; and in case execution has been issued, it shall be immediately withdrawn by said justice. tioned. entered on docken surety. and signed by when execution to be withdrawn: graduated SEC. 4. The stay of execution hereby authorized, shall be grad- Stay of execution, uated as follows, namely: First, on any judgment for five dollars and under, the stay shall be for thirty days. Second, on any judgment exceeding five dollars and under twenty dollars, the stay shall be for sixty days. Third, on any judgment for twenty dollars and under fifty dollars, the stay shall be for ninety days. Fourth, on any judgment for fifty dollars or upwards, the stay shall be for one hundred and fifty days. fect. SEC. 5. This act shall take effect and be in force from and after when to take ofits publication once in some newspaper published at the capital of the State. [Approved May 22, 1861.] I hereby certify that the above bill became a law, by publication in the "Topeka State Record," May 25, 1861. J. W. ROBINSON, Person convicted of treason, punished. Misprision of, shall consist in. CHAPTER XXVII. AN ACT defining and providing for the Punishment of certain Crimes therein named. Be it enacted by the Legislature of the State of Kansas: SECTION 1. Every person who shall be convicted of treason against the State, shall suffer death. SEC. 2. That misprision of treason shall consist in being a party to any treasonable purpose against this State, or in having and holding correspondence countenancing such treasonable purpose, with any person or persons who shall be engaged in setting the same upon foot against the State, or in having knowledge of the existence of a treasonable purpose, or of an act of treason against the State, and failing, speedily, to make the same known Upon conviction, to the Governor of this State; and shall, upon conviction, be punished by confinement in the penitentiary for not less than one nor more than ten years. how punished. Person join any society to produce insurrection or U. S. Gov't. SEC. 3. Any citizen of this State who shall join any society against this State or organization, the object of which shall be to produce an insurrection, or to revolutionize the government of this State or of the United States, or shall furnish arms or military stores to the enemies of this State or of the United States, knowing them to be Upon conviction, such, shall, upon conviction, be punished by confinement in the penitentiary for not less than one nor more than ten years. how punished. What constitutes misdemeanor. Punishment of misdemeanor. Persons may be punished, though committing the crime outside State. SEC. 4. Any person who shall, within the limits of this State, assist in raising the flag of any nation or body of men who are at war with this State or the United States, or shall wear any cockade, badge or device, intending thereby to show his sympathy with, or his adherence to the enemies of this State or of the United States, shall be deemed guilty of a misdemeanor, and, upon conviction before a justice of the peace, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars. SEC. 5. Whenever either of the crimes described in the first, second and third sections of this act shall be committed by a citzen of this State, without the limits of the same, the person charged therewith may be arrested, tried and punished in any county in this State, within the limits of which he may be found, and the offense may be charged to have been committed in the county in which he is arrested. fect. SEC. 6. This act shall take effect and be in force from and when to take efafter its publication, in some paper published at the capital of the State. Approved May 21, 1861. I hereby certify that the above bill became a law, by publication in the "Topeka State Record,” June 15, 1861. J. W. ROBINSON, Secretary of State. CHAPTER XXVIII. AN ACT to regulate Elections and to prescribe the qualifications of Voters, and to prevent illegal voting. Be it enacted by the Legislature of the State of Kansas: shall be held. SECTION 1. That all elections hereafter to be held for State How elections district and county officers, shall be held and conducted in the manner prescribed in this act. com- Each township shall shall constitute and ward in city one election SEO. 2. That each township in the several counties shall pose one election district, unless such township is now or hereafter be divided, by law, into more districts than one; the district. election to be held at such place in such township or district as the trustee, and any justice of the peace in each township, shall direct, and each ward of any city that is or may be divided into wards, shall compose one election district; the elections therein. to be held at such places as the members of the city council may direct, and in all elections held under this act, any three of said councilmen shall serve as judges and perform the duties required of the township trustees and justices of the peace, in like cases. SEC. 3. That the trustee and any two justices of the peace who shall be shall be judges of all elections in their respective townships, and shall have power to appoint two clerks for each election; and, should the said judges of such election, or either of them, fail to meet at the place of holding the election, by the hour of eight o'clock in the morning, then the electors present shall select from their number, viva voce, one or more judges of election, as the case may be, who shall have all the powers and authority of the judges herein mentioned; and, previous to receiving any votes, the judges of election. sworn. Omers shall be judges and clerks shall severally take and subscribe an oath or affirmation to support the Constitution of the United States and of the State of Kansas; that they will faithfully discharge the duties of their respective offices, which oath or affirmation the judges and clerks are hereby empowered to administer to each Shall provide s ballot box. Sheriff shall give notice before other. SEO. 4. That the trustee of each township shall cause to be provided, at the expense of the township, a ballot box for each election district within his township which may be destitute of the same, and preserve it for the use of the elections, and carry said ballot box, with a copy of the laws containing this act, to the place or places of holding elections in his township, as often as it may be necessary to meet and vote for officers under this act. SEC. 5. That it shall be the duty of the sheriff, and he is holding elections. hereby required, fifteen days at least before the holding of any general election, or ten days before the holding of any special election, to give public notice, by proclamation throughout his county, of the time of holding such elections and the officers at that time to be chosen, one copy of which shall be posted up at each of the places where the elections are appointed to be held, and inserted in some newspaper published in the county, if any be published therein. Hours of voting. Manner of voting. How votes shall be taken. SEC. 6. That, at all elections held under this act, the polls shall be opened between the hours of eight o'clock in the morning and closed at six in the afternoon of the same day. SEC. 7. That each elector shall, in full view, deliver to one of the judges of election, a single ballot, or piece of paper on which shall be written or printed the names of the persons voted for, with a proper designation of the office which he or they may be intended to fill. SEC. 8. That the judge to whom any ticket may be delivered, shall, upon the receipt thereof, pronounce, in an audible voice, the name of the elector, and, if no objections shall be made to him, and the judge is satisfied that the elector is legally entitled, according to the Constitution and laws of this State, to vote at the election, he shall immediately put the ticket in the box without inspecting the names written or printed thereon, and the clerks of the election shall enter the name of the elector, and number, in the poll books, agreeably to the printed form in the twenty-fourth section of this act. SEC. 9. That the judges of election in determining the resi 1 E dence of a person offering to vote, shall be governed by the following rules so far as they may be applicable: First-That Rules governing place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. Second-A person residence by shall not be considered or held to have lost his residence who shall leave his home and go into another State or Territory, or county of this State, for temporary purposes merely, with an intention of returning. Third-A person shall not be consid- shall not gain ered or held to have gained a residence, in any county of this temporarily place State, into which he shall have come for temporary purposes merely, without the intention of making said county his home, but with the intention of leaving the same when he shall have accomplished the business that brought him into it. Fourth-If a person remove to another State or to any of the Territories, with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in this State. Fifth-If a person remove to another State, or to any of the Territories, with an intention of remaining there for an indefinite time and as a place of present residence, he shall be considered and held to have lost his residence in this State, notwithstanding he may entertain an intention to return at some future period. Sixth-The place where a married man's family resides shall be considered and held to be his residence. Seventh-If a person shall go into another State or Territory, and while there exercise the right of suffrage, he shall be considered and held to have lost his residence in this State. challenged, how: to citizenship. SEC. 10. If a person offering to vote is challenged as unquali- If a person is fied, by one of the judges of election or by any elector, one of to proceed. the judges shall tender to him the following oath or affirmation: "You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications of an elector at this election." First, If the person be challenged as unqualified on If challenged as the ground that he is not a citizen, the judges, or one of them, shall put the following questions: 1. Are you a citizen of the United States? 2. Are you a native or naturalized citizen? and, if neither, have you declared your intention to become a citizen conformably to the laws of the United States on the subject of naturalization? If the person offering to vote claims to be a naturalized citizen of the United States, or, that he has declared his intention to become such, he shall, before his vote shall be |