The Kansas herald of freedom., 1859-01-29
AN ACT

Requiring the Judge ofthe Second Judicial Nsinei
80 hold Special Porn Of Court and Tor o'nef
Purposes.
Be it enacted By the Governor and Leg's-
lathe Assembly Of the Territory Of Kansas;
SECTION /. That the judge OF said
Second Judicial District shall hold
term of court in Lawrence, in the county
of Douglas. commencing on the third Mon
day in January, A. D. 1859; and said court
NAV adjourn from day to day, or from
time TO time as the said court may order
or direct.
SEC. 2. That said court shall have gen.
eral criminal Jurisdiction over all persons
and over all offences heretofore or here
after committed within the counties OF
Douglas, johnson, Lykins, Linn and
Bourbon, and shall possess all the neces-
sary power to cause persons to be arrested,
tried and punished as required by law.
The said court may issue a venire for
grand and petit jury, and any householder
in the Territory, without regard TO place
of residence, may serve on said juries if
otherwise qualified, and said juries, or
either of them, may be discharged, and
another summoned in its place, as the
wants of said court may require; and all
indictments or presentments found in said
court by said grand jury, shall have the
same force and effect as if they had been
found in the county where the offence
had been committed by a proper court
therein.
SEC. 8. Any vacancy in the grand or
petit jury, may be supplied from by
ISLANDERS, under the order of court.
Sec. T. That the marshal of the Terri
tory shall be the marshal of said court,
and the clerk of the District Court, clerk
therein; and they shall perform all the
duties Of those Offices, and receive the
pay as now required by law.
SEC. 5. The power and jurisdiction of
this term of court in all criminal matters,
and for all purposes of trying and punish
ing the same, and of procuring all neces-
sarv witnesses. shall be as full, ample and
complete as if all said counties composed
but one county, and this court was held
therein as the regular District Court.
Sec. 6. If any marshal or acting deputy
marshal shall clearly neglect his duty, he
shall be find not less than one thousand
dollars and may be imprisoned during the
existence of the Territorial government, in
the discretion Of the jury trying the case.
SEC. Z. The clerks of Linn and Bour-
bon counties shall forward all indictments
for felonies, now pending in either of said
counties, to the clerk of the District Court
in Douglas county, and the court, herein
to be held, shall dispose of said indict-
ments as if they had been found in this
court
SEC. s. The Governor shall employ
council to prosecute in said court, and
shall nav them from the contingent fund.
SEC. 8. This Act shall be in force from
and after its passage, and shall remain in
force for the term of one year from that
day.
Sec. 10. That at the expiration of the
time this Act shall be in force, the clerk
of this court shall forward all indictments
therein pending, to the counties, where
the offences were committed, and the
courts in such counties shall proceed tc
such cases as if they had been found il
the respective courts where the offences
were committed.
Sec. IL. All laws in conflict with the
provisions of this Act are repealed as fal
as it may be necessary to repeal the same
to give this Act full force and effect; and
this Act shall not be repealed by the
present Legislature, by implication OIL
construction, but may be by direct legis-
lation.
Sec. II. That the expenses of all prose.
cutions under this Act shall be paid by
the county or counties in whiclfthe crimes
have been committed, unless collected
from the criminal after conviction, or from
the United States.
(Signed) A. LARZELERE,
Speaker of the House of Reps.
C. W. BABCOCK,
President of the Council.
Approved January Is, 1852
(Signed.) S. MEDARY.
I, Hugh s. Walsh, Secretary of Kansa;
Territory, do hereby certify that the fore.
going is a true and correct copy of the en-.
rolled law on file in my office.
In testimony whereof l have hereuntc
signed my name and caused the
[SEAL.l seal of the Territory to be az
fixed this - day of anuary 1859
HUGH. S. WALSH.