The Kansas herald of freedom., 1858-03-13

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the duties of his Office execute to tue
Territory of Kansas, and file with the
treasurer of his county bond in the penal
sum of two thousand dollars with two Of
more sufficient securities to be approved
by such treasurer with condition that he
viii faithfully, correctly and impartialiy
perform all the duties of his said Office,
and shall deliver to his successor in Office
all books, records, maps, deeds, mortgages
papers and things belonging to his Office
then the said obligation to be void, other
wise to be and remain in full force and
effect.
SEC. II. The register Of deeds shall
appoint a deputy, who shall hold his
office during the pleasure of the register,
such appointment shall be in Mritins
fled and recorded in the Office of such
register, and the register so appointing
him and his sureties shall be responsible
for the faithful performance of his duties
by said deputy.
SEc. 42. In case of vacancy in the
Office of register of deeds, or his absence
or inability to perform the duties of his
Office, such deputy shall perform the
duties of such register, during the contin-
.uance of such vacancy, absence or ina
bility.
SEC. 43. The register of deeds shall
have the custody of and shall safely keep
and preserve all the books, records, deeds,
maps and papers deposited or kept in his
Office, he shall also record or cause to be
recorded, and in plain and distinct hand
writing, in suitable books to be provided
and kept in his Office, all deeds, mortgages,
maps, instruments and writings authorized
by law to be recorded in his Office and
left with him for that purpose and shall
perform all other duties required of him
by law.
SEC. Al. He shall endorse upon each
instrument or writing by him received fol-
record as aforesaid, the time when it was
received, noting the day, hour and minute
of reception, and the volume in which
and the page where the same is recorded
Sec. 10. Every register of deeds shall
keep general index, each page of which
shall be divided into eight columns with
heads to the respective columns as follows,
to wit: LIST, time of reception; I'd, name
of grantor; Sd, name of grantee; 4tb,
description of tract; 5th, name of instru-
naent; 9th, volume and page where re-
corded; 9TH, to whom delivered /; 9Th,
fees received.
SEC. 46. Such register shall make cor
rect entries in said index of every instru-
ment of writing received by him for
record under the respective and appropri-
ate heads, entering the names of the grant.
ors in alphabetical order, and he shall
upon the receipt of any such instrument
or writing for record enter in the appropri-
ate column and in the order of time in
which it was received, the day, hour and
minute of reception and shall also keep
IN similar book reverse index in the
same matter, in which the names of the
grantees shall be entered alphabetically,
and the same shall be considered as re-
corded at the time so noted.
. SEC. AZ. He. shall also keep an index
to each volume of records kept in his
office, showing on one page the names Of
the grantors in alphabetical order, and on
the other page the names of the grantees
in alphabetical order.
SEC. 48. Copies of all papers fled in
the Office of the register of deeds, and
transcripts from the books of records kept
therein certified by him, under the seal oi
his Office, shall be prinla facie evidence in
all cases.
SEG 49. a county attorney shall be
elected in each county organized fol
judicial purposes who shall hold his
Office for the term of two years, who shall,
before he enters upon the duties of his
office, execute bond to the board of su-
pervisors of his county, in the penal sum
Of one thousand dollars with two or more
different sureties.to be approved by the
clerk of said board, which bond shall be
conditioned for the faithful performance
of his duties as such officer, and that he
viii pay over to the county treasurer, in
the manner prescribed by law, all moneys
which shall come into his hands by virtue
of his Office, and shall deposit such bond
iu the Office of the clerk of such board OF
county supervisors.
SEC. 80. It shall be the duty of the
county attorneys to appear in the several
courts of their respective counties and
prosecute or defend on behalf Of the pee.
pie all suits. applications Or motions, civil
or criminal, arising under the laws of this
Territory in which the Territory, or theil
respective county is party or interested
SEC. 81. Each county attorney shall
when requested by any magistrate of his
county, appear on behalf, of the Territory
before any such magistrate other thar
those exercising the police jurisdiction d
incorporated cities and villages, and pros.
ecuta all complaints made in behalf o.
the Territory, except for common assauli
and battery, of which such magistrate
shall have exclusive jurisdiction and
upon the like request shall appear before
such magistrate and conduct any criminal
examination which may be had before
such magistrate, and shall also prosecute
or defend any civil suit before lsueh.
magistrate in which the county is a party
or interested.
SEC. SO. The county attorney shall
without fee or reward, give opinions and
give advice to the county board of super.
visors and other civil officers of their re,
speetive counties when requested by suef
board orofficers upon any matters in which
the county is interested or relating to the
duties of such board of officers IN which
the Territory or county may have any
interest. =
SEC. 53. The county attorney shall sew
orally receive such compensation for theil
services IS the board of fsuperyisors of ths
proper county shall allow.
SIC. 81. No county attorney shall re-
eeiye any fee orreward from or on behalf
Of any prosecutor or ether individual fei
services in any prosecution Of business e
which itshall be his official duty 70 attend
nor be concerned as attorney o. counse
for either party other than the Territory
sr county IN any civil action depending
upon sheBsanse state Of facts upon Ehiel
any criminal prosecution commenced bui
undetermined shall depend, nor shall an,
county attorney while IN Office Be eiigibl,
70 hold sHy judicial efliee whatsoever.
SEC. as In the absence, sickness o