The Kansas herald of freedom., 1858-02-06
The District Court.

The DISTRICT Court
The following bill is pending in
the Legislature. twill probably become
a law after various amendments. The
object seems to be to give Judges Cato
and Lecompte districts among the Canaan
ches and Pawnees, where they ca look
after the eiyilizationof those tribes. while
judge Williams viii have jurisdiction
over the entiresettled portions of the Ferri-|
tory:
AN ACT -
Defining the boundaries of the Judicial
Districts, and prescribing the time and
places of holding Courts therein.
9 Bsit enacted by the Governor and Legisla-
tiue assembly Of The Territory Of Kansas:
SEC. ]. That the first Judicial District
shall comprehend the following portion of
the Territory, to wit : All that portion
lying and being west of the sixth princi-
pal meridian and north of the fourth stand
ard parallel; and the first District is here
by assigned to Samuel D. Lecompte, as
the Judge thereof
SEC. 2. The second Judicial District
shall comprehend the following portion of
the Territory, to wit All that portion
of the Territory lying and being west of
the sixth principal meridian, and south of
the fourth standard parallel; and the sec
ond District is hereby assigned to Sterling
6. Cato, as the Judge thereof
SEC. 8. The third Judicial District shall
comprehend the following portion of the
Territory, to wit: All that portion lying
and being east of the sixth principal me-
ridian; and said third District is hereby
assigned to -- Williams, as the Judge
thereof. af8 -
SEC. 4. 4 District Court shall be held
in aud for the districts aforesaid, at four
terms in each year; the same to COM
mence on the second Monday of January,
of April, of July, and of October the
place of holding the terms of the courts
in the first and in the second districts
shall be the geographical centre of each
district respectively. The town of Law
renee, Douglas County, shall be the place
of holding the terms of court in the third
district.
SEC. The several Judges of the Ju-
dicial Districts are hereby required to re-
side in their respective Districts as pre-
scribed by law; and the failure to comply
with the provisions of this section is here
by declared a misdemeanor, which shall
be punished by fine not exceeding one
thousand dollars, or by imprisonment for
term not exceeding one year in the
county Jail of the county wherein the
district Court of the third District shall at
the time of any conviction, under the
provisions of this section, be had and
the District Court of the third District
shall have original jurisdiction in all such
cases in as ample manner as within its
own district, to issue process, hear. try,
and determine; and any process issued
under the provisions of this section, may
be served by the Sheriff of the county
where the terms of the third District may
be held at the time of issuing such pro-
cess, or by the Sheriff of any county
where the defendants in any such process
may be found; and in such cases the
powers of the Sheriff to summon the pow
er of the county shall be co-extensive
with the Territory.
SEC. 6. Upon complaint in writing on
oath being made to the Probate Judge OF
any county that an offence has been COM
mitted contrary to the provisions of Sec
ton 5, of this Act he shall forthwith is
sue his proper warrant for the arrest of the
party or parties charged with the same,
returnable to the court issuing the same,
which process may be executed by the
Sheriff of said county; and the powers,
duties, and jurisdiction Of the Probate
court, and of the Sheriff of any county
in cases arising under the provisions of
Sec. 5, of this Act, shall be co-extensive
with the Territory but in cases of any
conflict of jurisdiction, arising from the
provisions of Sec. 5, the defendant shall
be brought for trial in that court, whose
process for the arrest of said defendant
bears the earliest date.
| The penalty for violation of any OF
the provisions of Sec. 5, of this Act, shall
be such as are in said section aforesaid
but in case of confiiction in any Probate
court, the imprisonment therein presenb-
ed shall be in the county Jail of the coun-
lty wherein such conviction may be had
i SEC. z. It shall be the duty of the
Judges of the first and second districts
within thirty days after the passage ol
| this Act, to remove into and reside with
in their respective districts, as in this aci
defined in case of failure thereof, they
shall be liable to the penalties prescribed
in the 9Th Section af this Act, and every
day after the expiration of thirty days
from the passage of this Act, during which
the said judges or either of them shall fail
to remove into their proper districts, il
hereby declared a distinct offence against
the provisions of this Act, and liable io
the penalties appertaining to the same
herein prescribed /; and, it is further pro-
yided, that all process in any suit or suits
heretofore issued from the District cour
of the first district, and all pleadings, in.
dictments, bonds, recognizances, records
or papers of any description appertainine
to such suit; provided such suit shall
have arisen under any Of the laws of this
Territory, and not under the laws of the
United States; and provided, also, such
suits have not been proceeded in to jndg-
ment or decree, shall be transmitted by
the clerk of said first District Court, a
follows lin all criminal suits 10 the clerk
of the Probate court of Doniphan county;
in all civil suits to the clerk of the Pro
bate court of Leavenworth county al
process of any suit heretofore issued from
the District court of the second District
and all pleadings, indictments, bonds, re,
Icognizances, records or papers Of any de.
scription, sppertaining to such suit, pro.
vided, such suits have not been proceeded
| in to judgment or decree, shall be trans.
mitted by the clerk of said second Dis.
trict court. as follows:-In all crimina
suits, to the clerk of the Probate court o.
Douglas county in all civil suit, to the
IcleTk of the Probate court of Shawnee
county provided, however, that certified
aorioz of sr1ch racordS in anv siIit an mend