same within twenty days after such demand, may remove the administrator and appoint another. SEC. 3. His certificate of appointment, official oath, and bond, shall be filed and recorded in the office of the clerk of the probate court, and copies thereof, certified under the seal of the probate court, shall be evidence. SEC. 4. Any person injured by the breach of such law may sue upon the same, in the name of the Territory, for his own use. SEC. 5. Such public administrator may be removed from office in the same manner, and for the same causes, as justices of the peace. SEC. 6. He shall receive the same compensation for his services as may be allowed by law to executors and administrators, unless the court, for special reasons, allow a higher compensation. SEC. 7. For any wilful misdemeanor in office he may be indicted and fined not exceeding two hundred dollars. SEC. 8. It shall be the duty of the public administrator to take into his charge and custody the estates of all deceased persons in his county in the following cases: First, when a stranger dies intestate in the county, without relations or confidential friends, or dies leaving a will, and the executor named is absent, or fails to qualify; second, when persons die intestate, without any known heirs, and administration is not undertaken by some other responsible person; third, when persons unknown die, or are found dead in the county; fourth, when money, property, papers, or other estate are left in a situation exposed to loss or damage, and no other person administers on the same; fifth, when any estate of any person, who has died elsewhere, is left in the county liable to be wasted, injured, or lost, or is not in the lawful custody of some responsible person; sixth, when, from any other good cause, the probate court shall order him to take possession of any estate, to prevent its being injured, wasted, purloined, or lost. SEC. 9. He shall make a perfect inventory of all such estates taken into his possession, and administer and account for the same as nearly as circumstances will permit, according to the law prescribing the duties of administrators, subject to the control of the probate court. SEC. 10. If at any time letters testamentary or of administration be regularly granted on such estate to any other person, he shall, under the order of the probate court, account for, pay and deliver to the executor or administrator thus appointed all the money, property, papers, and estate of every kind in his possession. SEC. 11. It shall be the duty of all civil officers to inform the public administrators of all property and estate known to them which is liable to loss, waste, or injury, and which by law ought to be in the possession of the public administrator. SEC. 12. The public administrator shall institute all manner of suits and prosecutions that may be necessary to recover the property, debts, papers, or other estate of the person deceased. SEC. 13. If any person file an affidavit before a justice of the peace that he has reason to believe that any other person is unlawfully possessed of property (describing the same in such affidavit as truly as may be) which ought to be committed to the care of the public adminis trator, he shall issue his warrant to bring such person before him forth with. SEC. 14. When such person shall be brought before the justice, the matter shall be tried in a summary way, and if the complaint be found true the justice shall render judgment that the property be delivered to the public administrator to be administered, and for costs. SEC. 15. Such judgment may be enforced by execution or attach ment. SEC. 16. If such judgment be against the right of the public administrator to such property, the affiant shall pay the costs, but the judgment shall be no bar to the administrator's right to sue in the ordinary form, in the proper court, for the recovery thereof. SEC. 17. If the judgment of the justice be against the person charged with the possession of such property, he shall be allowed an appeal to the court having jurisdiction of appeals from justices' courts, on the same terms, and with like effect, as in appeals from judgments in justices' courts. SEC. 18. The recognizance to be entered into by the appellant and his securities may be in the following form: "We, the undersigned and acknowledge ourselves indebted to public administrator for dollars, to be void upon this condition: whereas - has appealed from the judgment of a justice of the peace, in a proceeding between in the sum of affiant, and defendant; now, if on such appeal the judgment of the justice be affirmed, or on a trial anew in the circuit court judgment be given against the appellant, and he shall satisfy and perform such judgment, or if his appeal shall be dismissed, he shall satisfy and perform the judgment of the justice, and pay the costs of the appeal, the recognizance shall be void. Given under our hands and seals. A. B., [seal.] C. D., [seal.] Test, J. P. SEC. 19. When appeal is allowed, the same proceedings shall be had, and the duties of the justice shall be the same as in appeals from judgments in justices' courts. SEC. 20. If the person against whom the judgment is rendered be found, or the judgment cannot be complied with, the justice may issue his warrant to seize the property, or other estate, and deliver it to the public administrator. SEC. 21. The probate court may, at any time, order the public administrator to account for and deliver all money and property of any estate in his hands to the heirs, or to an executor or administrator duly appointed. This act to take effect and be in force from and after its passage. CHAPTER III. ACTIONS. An act to regulate the limitations of actions. § 1. When action can be maintained. 3. Time when action shall be commenced. 5. Actions against sheriff, &c., to be within two years. § 6. Actions for libel, slander, &c., to be within two years. 7. When cause of action deemed to have accrued. 8. When statute of limitation to take effect. Be it enacted by the governor and legislative assembly of the Territory of Kansas, as follows: SECTION 1. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within ten years before the commencement of such action. SEC. 2. No entry upon real estate shall be deemed sufficient, or valid as a claim, unless an action be commenced thereupon within one year after the making of such entry, and within ten years from the time when the right to make such entry descended or accrued. SEC. 3. An action upon a judgment or decree of any court of the United States, or of any State or Territory within the United States, or an action upon a sealed instrument, shall be commenced within twenty years. SEC. 4. The following action shall be commenced within three years: First. An action upon a contract, obligation, or liability, expressed or implied, excepting those mentioned in the previous section. Second. An action upon a liability created by statute, other than a penalty or forfeiture. Third. An action for trespass upon real property. Fourth. An action for taking, detaining, or injuring any goods or chattles, including actions for the specific recovery of personal property. Fifth. An action for criminal conversation, or for any injury to the person or right of another, not arising on contract, and not hereinafter enumerated. SEC. 5. An action against a sheriff, coroner, or constable, a liability incurred by the doing of an act in his official capacity, and in'virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution, shall be commenced within two years after his term of office shall expire. SEC. 6. An action for libel, slander, assault, battery, or false imprisonment, on an action upon a statute, for a forfeiture or penalty to the people of this Territory, shall be commenced within two years. SEC. 7. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account, on either side. SEC. 8. The statute of limitation shall in no case be deemed to run against any infant, married woman, person of unsound mind, or person absent from the United States, until the time of such limitation shall have transpired, after such disability is removed. This act to take effect from and after its passage. CHAPTER IV. AGRICULTURE. An act to encourage agriculture in the Territory of Kansas. § 1. When farmers are allowed to sell articles free of license. 2. Not to extend to merchants or grocers Be it enacted by the governor and legislative assembly of the Territory of Kansas, as follows: SECTION 1. That any farmer or farmers, residing in this Territory, who shall grow on his or their farms any article of produce, and shall ship or otherwise convey the same to market, on his or their own account, either separately or jointly, and shall sell or trade the same, either in whole or in part, for iron, salt, sugar, coffee, teas, spun cotton, nails, or leather, are hereby authorized and permitted to vend and retail the said articles, at their respective places of residence, free from taxation or license, in any quantity or quantities which they may think proper. SEC. 2. This act shall not be so construed as to extend to any merchant or grocer. This act to take effect and be in force from and after its passage. CHAPTER V. ALIENS. An act respecting aliens. § 1. Aliens empowered to hold and alienate real estate. Be it enacted by the governor and legislative assembly of the Territory of Kansas, as follows: SECTION 1. All aliens residing in the United States, who shall have made a declaration to become citizens of the United States, by taking the oath prescribed by law, and all aliens residing in this Territory, shall be capable of acquiring real estate in this Territory by descent or purchase, and of holding and alienating the same, and shall incur the like duties and liabilities in relation thereto, as if they were citizens of the United States. This act to take effect and be in force from and after its passage. Be it enacted by the governor and legislative assembly of the Territory of Kansas, as follows: SECTION 1. Every person bound by indenture, of his free will, with the consent of his father, or, if he be dead, of the mother or guardian, and signified by such parent or guardian signing the same, or by the probate court, as hereinafter directed, to serve as clerk or apprentice, in any profession, trade, or employment, until the age of twenty-one years, or for a shorter time, although such apprentice shall be under the age of twenty-one years at the making of such indenture, he shall be bound to serve the time specified in such indenture. SEC. 2. Any infant, having no parent or guardian, may, with the approbation of the probate court, endorsed on the indenture, bind himself an apprentice until he arrives at the age of twenty-one years, or, if a female, at the age of sixteen years. SEC. 3. Upon the execution of every indenture of apprenticeship, the person to whom the apprentice is bound shall make an affidavit that he will faithfully perform the duties required by the indenture, and enjoined on him by law, which affidavit shall be endorsed on the indenture. SEC. 4. When the father has no legal capacity to give consent, or when he shall have wilfully abandoned his family for six months, without making suitable provision for their support, or has become an habitual drunkard, the mother shall have the same power to give such consent as if the father was dead. SEC. 5. Facts of incapacity, desertion, or drunkenness, shall be decided in the probate court, by a jury, before the indenture shall take effect, and an endorsement on the indenture, under the seal of the court, that the same are proved, shall be sufficient evidence of the mother's power to give such consent; but if the jury do not find the charge of incapacity, drunkenness, or desertion, to be true, the son, at whose instance such proceedings may have been had, shall pay all costs attending the same. per |