The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-05-11

Az Ac1 relating to The Organization Of
Courts OF Iastice and their Powers aud
Duties.S4
BE u enacted Lgthe LegisLQture of tie .Stgfe
Of RdasSss:|I II u 80
sec. l. The. District Courts shall be
Courts of Record, and within their respect
lvesDistricts shall have original Jurisdiction
IN all civil cases whatever, when the sum
or matter ia dispute exceeds the iurisdic-
ton, OF Jus;icesef the Peace and appellate
jurisdiction from the decisions of County
Commissioners, Probate Courts, Justices Of
the Peace and other inferior Courts in the
proper County, in all civil cases subject to
the regulations provided by law. They
shall have original jurisdiction of all crimes
and eFenses, except in cases of minor Off
ces, the exclusive Jurisdiction of which is
or may be possessed by Justices of the
Peace. or that may be vested in Courts. and
shall have. power TO issue remedial and all
other process.
Sec. Z. The said District Courts shall
have full power TO classify and distribute
business therein as may be necessary to
make fulss and regulations for practice
therein until otherwise provided by law;
to appoint receivers 10 tax costs; to enforce
the attendance of witnesses, Jurors and
officers TO punish contempt in open Count
az Chambers by fines not to exceed one hun
dred dollars and Imprisonment or either,
and assign. not exceeding two Attorneys to
prisoners who may be unable to employ
counsel.
Sec. 3. The Judges of District Courts
IN and for their respective Districts may ex-
ereiss all judicial functions allowed or re-
quireds'of the District Judges under the
Statutes Of the late Territory, and In addi-
ton thereto said Judges may hear and de-
eide motions in vacation, to dissolve or mod
ify iniunctions and dissolve attachments,
and to grastpr yacate all necessary inter
heating orders.
Sec. A. The Secretary of State shall i'm
mediaiely at the expense OF the State pro-
cure for ezch of the several counties seal
for the, District Court to contain these
words; District Court, County, Kan
SSH finserfing the name of The county 10
Which said seal is to be used) which seal
shall be in the custody of the clerk of said
Court. aud with said seal be shall authenti-
cate all of his official acts, provided, that it
shall be lawful for the clerks of the several
District Gdhrfs to use the seal heretofore in
use in fhe District Courts, under the late
Territorial Government until the seals here
iB,providei for shall be obtained, and where
no such seal has been provided, il shall be
lawful for the said clerk to use private
seal.
Sec. s. All laws of the Territory of Kan
sas. in force at the time of the admission
of Kansas into the Union, comforting juris-
dictiop, regulating appeals, actions, writs,
or petitions in error. practice, civil and Grim
inalt procedure, duties and functions of
clerks, jurors and justices of the peace, and
pertaining TO actions, prosecutions, and
courts, not inconsistent with this act snail
continue in force until changed by law, and
are hereby made applicable to the State of
Kansas. 4 - -
Sec. 6. If from any cause, such as alb
sence, sickness, interest, or having been OF
counsel ma cause, the Judge of the Dis
trict Courts cannot sit in the trial of cause
or causes pending in said Court, Judge
pro TEN. shall be elected by the bar for the
trial OF such causes, which election shall
be conducted under the discretion of the
Judge of said Court, or in his absence, OF
the clerk. The same oath shall be admins
tered TO such pro tenn. Judge as is required
by law of the Judge of the District Court,
and he shall lave the same powers and du-
ties during the trial of the cause or causes.
For the purpose of conducting the election
by ballot herein provided for, the clerk Of
the Court shall enroll the names of the
practicing attorneys at such bar.
The parties and attorneys in any specia
case where the Judge is interested, or 9th
erwise unable to sit in such case, may con-
sent that some attorney may act as Judge,
and SUCH Attorney in such case, shall take
the same oath as the Judge for such cause
and in it shall have the same powers of tht
District Judge.
Sec. z. The District Judges may hold
terms of Court in any District of the State
at the instance of the Judge thereof, for The
purpose of which he shall have the powe
and jurisdiction of such Judge.
Sec 8. This act shall take effect and b
in. force from and after its publication. ant
Immediately upon its approval by the Gov
ernor, the Secretary of State shall publish
an authenticated copy of the same, once, il
some newspaper printed at the Capital o
this State. which shall constitute such pub
lication.
Approved. April "a, 1861.
AN ACT to provide for the election of Rep
resentative in the Thirty Seventh Con
yress of the United States.
Be it enacted by the Legislature of tie Stat
of Kansas:
Sec. !. That an election shall be holde
in the several voting precincts of this Stat
on the second Thursday in Ju2e, A. Q
1861, for a Representative to serve in th
Thirty-Seyenth Congress of the Unite
States. Said election to be conducted az
cording to the provisions of an Act entiIle
an Act providing for the formation of
Constitution and State Government for th
State of Kansas, approved February l Ill
1859. Provided, That the qualification (
voters shall be the same rs required IN Al
tscIe 5 of the Constitution, and the time Il
the several boards of JUICES for maxim
their returns to the county clerks shall
within FIVE days after sail election, and Il
tribunals transactiug county business shs
assemble on the first Tuesday after sal
election at the county seats of their respec
: iva counties, to canvass the votes cast
the several precincts in their respecti'
counties, and the counties attached for M
hieibal purposes, and within FIVE days Their
after shall transmit, by the hands of swo