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LAWS OF KANSAS.

CHAPTER I.

AN ACT making Appropriations for the Current Expenses of the year 1861.

What gums are appropriated for 1861

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Mast. Gen'sdep't.

Be it enacted by the Legislature of the State of Kansas :

SECTION 1. That the following sums, or so much thereof as išci. may be necessary, are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purposes herein named, for the year 1861 :

For Executive Department—The Governor's salary, two thous- Executivo and dollars ; for office rent, two hundred and forty dollars ; for furniture for office, one hundred dollars ; for stationery, one hundred dollars; for postage, seventy-five dollars; for fuel and lights, forty dollars; for secret service fund, one thousand dollars; for pay of private secretary, six hundred dollars. .

Adjutant General's Department, five hundred dollars ; Quar- alintand. Quer: ter-Master's Department, five hundred dollars.

Secretary of State's Department—For salary of Secretary of Secretary of State, fifteen hundred dollars ; for clerk hire, six hundred dollars; for office rent, one hundred and fifty dollars ; for furniture, one hundred dollars; for stationery, fifty dollars; for fuel and lights, fifty dollars; for record books, seventy-five dollars.

For Legislative Department—For rent of Representatives' Legislative dep't Hall, one hundred dollars ; for rent of Congregational Church, seventy-five dollars ; for rent of Senate Chamber, one hundred and seventy-five dollars; for rent of Committee Rooms, one hundred and four dollars ; for stationery for the Legislature, one thousand dollars; for State printing, fifteen thousand dollars ; and miscellaneous for seals of State and counties, three hundred dollars ; for per diem allowance for one hundred members of the Legislature, twenty-two thousand dollars; for allowance for President of the President of the Senate, five hundred and four dollars; for extra allowance for

State's dep't.

State printing appropriations.

No member to receive pay when absent.

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Treasurer's dep't.

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Attorney Gea's. depot.

Auditor's dep't.

Superintendent's depot.

Speaker, two hundred and forty dollars ; for mileage of the mem-
bers of the Legislature, twenty-four hundred dollars; for trans-
cribing the journals, five; hundred dollars, for the officers and
messengers of the House, 'thirty-five hundred dollars ; for the
officers and messengers of the Senate, eighteen hundred dollars ;
for E. G. Ross, for four hundred and forty copies of the “ State
Record,” eight hundred and eighty dollars : Provided, That no
money be paid to any member of the Legislature for time when
absent from the Capitol, either with or without leave.

Treasurer's Department For salary of Treasurer, twelve hun-
dred dollars ; for office rent, one hundred dollars; for stationery
and furniture, two hundred dollars ; contingent expenses, une
hundred dollars; for clerk hire, three hundred dollars.

Attorney General's Department For salary of Attorney General, one thousand dollars; for office rent, one hundred dollars ; for contingent expenses, one hundred dollars.

Auditor of State's Department—For salary of Auditor, fifteen hundred dollars; for clerk hire, six hundred dollars; for oflice rent, three hundred dollars; for books for office, sixty dollars; and for fuel and lights, forty dollars.

Superintendent of Public Instruction-For the Superintendent, twelve hundred dollars; for office rent, one hundred dollars ; for furnishing office, one hundred dollars; for record books, fifty dollars; for stationery and postage, fifty dollars ; for traveling expenses, two hundred dollars.

Judiciary Departinent-For salary of Chief Justice, eighteen hundred dollars; for salary of two Associate Justices, three thousand dollars; for salary of five District Judges, seven thousand five hundred dollars.

Miscellaneous-For Cox & Baker, for furniture and labor, two hundred and seventy dollars and ninety cents; for N. W. Cox, for furniture, fifty-six dollars and seventy-five cents ; for H. P. Aiken, for labor, twenty dollars ; Goodell, for teaming, five dollars ; for William Young, for teaming, twenty dollars ; for Pickett, for teaming, twenty dollars ; for J. C. Bartlett, for sundries, one hundred and thirty-five dollars ; for J. M. Burleigh, teaming, twelve dollars and seventy-five cents ; for D. Blush, for teaming, forty dollars ; for I. Willetts, for teaming, nineteen dollars and fifty cents; for G. W. Sapp, for teaming, thirty-three dollars; for N. P. Blackledge, for teaming, thirty-two dollars; for I. S. Cook, for services, twelve dollars and fifty cents; for I. C. Gorden, for services, sixteen dollars; for James Murray, for services, forty-seven dollars and

Judiciary dep't.

Miscellaneous,

Treasurer of 1860.

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fifty cents ; for R. B. Mitchell, late Treasurer, six hundred dol- Appropriation lars; for George S. Hillyer, for cash, thirty-five dollars and seventy-five cents; for Kellum Brothers, for sundries, five dollars and seventy-five cents; for F. Bier, for sundries for State officers, one hundred and ten dollars ; for Drake & Bro., for stationery, forty-six dollars and seventy-five cents; for Jacob Smith, for sundries for State oficers, one hundred dollars; and for I. B. Billings, candles for Secretary of State, ten dollars ; for Gunn and Mitchell's maps, ninety-three dollars and seventyfive cents; for N. M. Johnson, for sundries, eight dollars and eighty-eight cents; for J. W. Robinson, for cash advanced, one hundred and twenty-seven dollars and fifty cents ; for I. R. Coolidge, for sundries, twenty-one dollars and sixty-four cents ; for A. Gunther, for translating Governor's message, twenty-five dollars ; for Ludington, for teaming, forty dollars ; for V. R. Blush, for teaming, forty-eight dollars ; for Anderson & Niceley, for sundries, forty-six dollars and seventy-one cents; for Farran, for his map, one hundred dollars; for N. M. Johnson, for repairing desks for Senate, sixteen dollars; for State library, two hundred dollars ; for selecting lands granted to the State by the United States, fifteen hundred dollars; for B. F. Derson, for teaming, twenty-four dollars ; for Wykoff & Stringham, for fitting up Auditor's room, seventeen dollars and thirty cents; for contingent expenses for State convicts, five thousand dollars.

Sec. 2. The Auditor of State is hereby authorized to is- Auditor authorizsue warrants upon the Treasurer of the State for the purposes much of those apand amounts specified in the first section of this act, or so much may be necessary. thereof as may be necessary to liquidate all such accounts which may be presented to him, properly authenticated by affidavit.

SEO. 3. This act shall take effect and be in force from and When to take efafter its publication.

SEC. 4. The Secretary of State shall immediately, upon the secretary shall approval of this act by the Governor, cause the same to be published in the “ Topeka Daily Record,” which shall constitute such publication.

Approved June 4th, 1861.

I hereby certify that the above bill became a law by publication in the “ Topeka State Record,” June 6th, 1861.

J. W. ROBINSON,

Secretary of State.

ed draw

propriations as

publish

CHAPTER II.

AN ACT providing for the election of District Attorneys, and defining their

Duties.

Term of office of the Distriot Att'y.

Shall appear in
District Court in

Justices of the Peace when

examina

tions.

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Be it enacted by the Legislature of the State of Kansas :

SECTION 1. That, at the next general election after the passage of this act, and at the general election in every second year thereafter, there shall be elected, in each judicial district in the State, a district attorney, who shall hold his office for the term of two years, and until his successor shall be elected and qualified.

Sec. 2. That it shall be the duty of the district attorney membro gustycon mode of each judicial district, to appear in the District Court in each required, in civil county, and prosecute and defend all actions, civil and criminal, tions and prelim: and all plaints, pleas, or other matters whatsoever, in which the

State or county may be a party or interested. When requested, he shall, also, appear before any Justice of the Peace or other officer exercising judicial functions in the district, and prosecute in cases of preliminary examination of offenders against the laws of the State.

Sec. 3. That the district attorney shall, without fee or The on requested by reward, give opinions and advice to the board of county commisCounty Commis. sioners, and other civil officers of the county when requested by

such board or officers, upon all matters in which the State or county is a party or may be interested.

Sec. 4. That the district attorney shall not receive any fee or reward from, or on behalf of any prosecutor or other individual, for services in any prosecution or business to which it shall be his duty to attend, nor be concerned as attorney or counsel for either party other than the State or county, in any civil action depending upon the same state of facts upon which any criminal prosecution commenced but undetermined shall depend; nor shall any district attorney, while in office, be eligible to or hold any judicial office whatsoever.

Sec. 5. That, in case of vacancy in the office of district Judge appoints. ' attorney, the judges of the District Court of the proper district

shall appoint some proper person to fill such vacancy until the next general election thereafter, and until his successor shall be duly elected and qualified. When the district attorney and his

Shall give his opinion without fee or reward,

the Board of

sioners.

Shall receive no fee or reward, &c.

In case of vacanoy the District

turn of District

May appoint depa

be allowed.

office a bolish'd:

deputy shall be absent from court when his [their] services are When absent from required, the court may appoint a district attorney for the time may be appointed being, who shall possess all the powers and perform all the duties, Attorney. and be entitled to receive the same fees as the district attorney, until such district attorney shall appear in court.

SEC. 6. That it shall be the duty of the district attorney, witnesses before whenever required by the grand jury, to appear before them Grand Jury. and examine witnesses. He shall also draw and sign all indictments and other pleadings, in cases to which it shall be his duty to attend.

Sec. 7. That the district attorney may, in his discretion, utids and be reappoint one or more deputies, for whose official acts he shall at their acts:

sponsible for all times be responsible.

SEC. 8. That the district attorney shall receive such fees as What foculum may be allowed by law, and, until such fees are fixed, he shall receive the same fees as are now allowed county attorneys.

Sec. 9. That the office of county attorney is abolished from Colentis Attila and after the first day of January next; Provided, That that the county attorney may prosecute all actions, civil and criminal, commenced prior to said day, to final judgment and execution, and receive the lawful fees therein, the same as if this act had not been passed, or the term of the attorney had not expired.

SEC. 10. That such district attorney shall, before entering shall excoate upon the duties of his office, execute a bond to the State in the penal sum of not less than three thousand dollars, with two or more sufficient securities, to be approved by the judge of the district court of his district, which bond shall be conditioned for the faithful performance of his duties as such officer, and that he will shall pay over all pay over to the proper officers all moneys which shall come into his hands by virtue of his office.

He shall also take and subscribe Oath to sapport an oath, which shall be indorsed on said bond, that he will support the Constitution of the United States and the Constitution of the State of Kansas, and that he will faithfully discharge the duties of said office; said bond and oath shall be deposited in the office of the auditor.

Sec. 11. That this act shall take effect and be in force from When to take and after its publication.

Approved June 4th, A. D. 1861.

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