The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-31

Sec. IL 1t shall be the duty of every
sheriff to whom any process or order of
said court shall be directed or delivered
to serve and execute the same without
delay and make due and speedy return
thereof and said court shall have the
same power over and as to officers re-
quired to serve it's processes or orders
as district courts have over and as to
sheriffs.
Sec II. The said court may, on spe-
c1al occasions when necessity shall re-
quire, appoint a marshal, who shall
have power to serve process and shall
perform such other duties as may be
required of him by the court or enjoined
by law. He shall take the usual oath
of office and give bond as may be re-
CURED by the court. His compensation
ShaH be such as the court may prescribe
or allow. The court may also appoint a
bailiff, who shall receive two dollars
per day for the time actually served
Compensation of the marshal and the
bailin shall be certified to the state
auditor by the court who shall draw a
warrant on the state treasurer for the
amount.
Sec 1s The pleadings in said court
shall be complaint in the name of the
state as plaintiff, to be styled an in
formation, setting forth cOncisely the
cause of complaint and praying the re-
dress sought and general relief; the
answer cOnfeSsing or denying the ale
cations of the information or confeSsing
some and denying others, and setting
forth any new matter the defendant
may deem itself entitled to have con-
sidered; and the reply, confessing or
denying such new matter. No other
pleadings shall be required, nor shall
technical rules of pleading be applied;
but any pleadings may, by leave or by
order of the court, be amended at
any time as to bring the matters in con
trOversy fairly before the court for
hearing and consideration.
Sec. a. Whenever a complaint on oath
shall be presented to the state solicitor,
charging that any railroad company de-
discriminates for or against any ship
per, violates any provision of law, or
fails or refuses to perform any duty,
or stating a valid ground of complaint
for any other cause over which the
court has Jurisdiction, it shall be the
duty of said solicitor to forthwith file
an information in the name of the state
charging the matters set forth in the
complaint.
Sec. 10. Proceedings in said court
shall be instituted by the fling of an
information in the name of the state
Upon the filing of the information, the
clerk shall at once issue a citation to
the defendant and deliver or mail it to
the sheriff of the county where it is to
be served. The citation shall be accom-
panied by certified copy of the in
formation. The Sheriff receiving such
citation and copy shall without delay
serve the same in the same manner as
a summons in a civil action in the dis
trict court is served, and shall make
due return of service thereon, taxing
thereon his lawful fees as for serving
a summons; which return shall be made
by delivering or mailing to the clerk
The citation shall require the defendant
to answer the information within TWEEN
ty days from the day of service. Reply,
if any, shall be filed within twenty
five days from the day of ser
vice as shown by the return.
At the expiration of twenty-five
days from the date of service of the
citation, as shown by the return, the
clerk shall, whether an answer has been
filed or not, enter the case on the trial
docket for the first Monday of the next
succeeding month, and 1T shall be there
after subject to call for trial or dispO-
sitiOn in its order on the docket; but,
because of its superior public import
ance, or other sufficient reason the
court may advance any case to hearing
and determination out of it's order on
the trial docket.
Sec. 16. If the state solicitor shall, in
any case where complaint has been
lodged with him, refuse to file an infOr-
nation, or unreasonably delay the filing
thereof, or shall refuse or neglect to
prosecute an information, or unduIy de-
lay the proceedings, the court may. up
on motion of the complainant and show
ing of the facts, order said state solicit
tor to file such information or to pro-
coed with the case; and if, in the Opin-
ion of the court, he does not act in good
faith or with reasonable diligence in
Obeying such order, the court may ap-
point a special state solicitor to take
charge of the case; and If it does so, the
state auditor shall, upon the certificate
of the chief judge showing the number
of days served by such special solicitor
and the presentation of a CODY of the
order appointing him, retain from the
salary of the state solicitor for the
month or months during which said
special solicitor shall have served, the
amount to which the state solicitor
would be entitled for such number of
days, audit his salary for the balance
only, and draw warrant for said spec
ial solicitor for the amount due him for
the time so certified.
Sec. II. After service and return of
the citation, no information can be dis
missed without the permission of the
court No such permission shall be
granted except upon a written state
ment of reasons therefor signed by the
state solicitor and filed; whereupon the
court may decide whether such reasons
as stated are sufficient, may require an
additional written statement, or make
or direct an Independent inquiry as to
the facts, and permit dismissal or not
In its discretion. No compromise, agree
ment, or stipulation of any kind, be-
tween the state solicitor and any de-
PENDANT or defendants shall be bind
ing upon the court nor of any validity
without its approval after it has been
fully advised of the facts in relation
thereto.
Sec 49, Afidavlts may be used upon
the hearing of motions, under such reg
ulations as the rules of the court may
prescribe.
Sec. 10. Upon application to the court
and leave obtained according to it's
rules, dispositions may be taken and
used where the witness does not reside
in the state, or is absent therefrOm, or
where from age, inf1rmity, or imprison-
ment the witness cannot attend. or
where the testimony is required upon
motion; but, in cases of imprisonment,
the court may in its discretion require
the custodian of such witness to pro-
duce such witness, instead of permitting
a deposition to betaken; and such Gus
aE n he ant IN
that regard. Every application for leave
to take a deposition shall be based upon