LAWS OF KANSAS. CHAPTER I. AN ACT making Appropriations for the Current Expenses of the year 1861. What sums are appropriated for Be it enacted by the Legislature of the State of Kansas: department. For Executive Department-The Governor's salary, two thous- Executive 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. Mast. Gen's, dep't. Adjutant General's Department, five hundred dollars; Quar- Adj'nt and Quar. ter-Master's Department, five hundred dollars. State's dep't. 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 printing appropriations. Senate. No member to receive pay when absent. Treasurer's dep't. Attorney Gea's. dep't Auditor's dep't. Superintendent's dep't. Judiciary dep't. Miscellaneous, Speaker, two hundred and forty dollars; for mileage of the members of the Legislature, twenty-four hundred dollars; for transcribing 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 hundred dollars; for office rent, one hundred dollars; for stationery and furniture, two hundred dollars; contingent expenses, one 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 office 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 Department-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, teaming, five dollars; for William Young, for teaming, twenty for Treasurer of fifty cents; for R. B. Mitchell, late Treasurer, six hundred dol- Appropriation lars; for George S. Hillyer, for cash, thirty-five dollars and sev- 1860. enty-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 officers, 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 issue warrants upon the Treasurer of the State for the purposes and amounts specified in the first section of this act, or so much thereof as may be necessary to liquidate all such accounts which may be presented to him, properly authenticated by affidavit. Audit'r authoriz ed to draw his warrants for so much of those ap propriations as may be necessary. fect. SEC. 3. This act shall take effect and be in force from and When to take efafter its publication. publish. SEC. 4. The Secretary of State shall immediately, upon the Shry shall approval of this act by the Governor, cause the same to be published in the "Topeka Daily Record," which shall constitute I hereby certify that the above bill became a law by publication Term of office of the District Att'y. Shall appear in CHAPTER II. AN ACT providing for the election of District Attorneys, and defining their 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 each county and of each judicial district, to appear in the District Court in each before Justices the Peace when required, in civil County, and prosecute and defend all actions, civil and criminal, and criminal ac nary tions. 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. Shall give his opinion without fee or reward, When requested by the Board of SEC. 3. That the district attorney shall, without fee or 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. sioners. Shall receive no fee or reward, &c. In case of vacancy the District 4 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 time courts, a person may be appointed Attorney. to act until the return of District deputy shall be absent from court when his [their] services are When absent from required, the court may appoint a district attorney for the being, who shall possess all the powers and perform all the duties, and be entitled to receive the same fees as the district attorney, until such district attorney shall appear in court. Shall examine SEC. 6. That it shall be the duty of the district attorney, witnesses before whenever required by the grand jury, to appear before them 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, appoint one or more deputies, for whose official acts he shall at all times be responsible. uties and be re May appoint dep sponsible for their acts. shall be allowed. office is abolish'd: SEC. 8. That the district attorney shall receive such fees as What fees he 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 County Attiyh 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. bond to State. moneys. SEC. 10. That such district attorney shall, before entering shall execute a 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 support 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. Constitution. effect, 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. |