Commissioners.

Oath.

Vacancy

Location.

To sell land.

CHAPTER XCI.

CHANGE OF SITE.

AN ACT authorizing Commissioners to change the site of the State Penitentiary.

WHEREAS, The present site selected by the Commissioners appointed under an act entitled "An act to provide for the appointment of commissioners to locate the State penitentiary, and to define their duties and fix their compensation," approved May 28, 1861, is impracticable, inconvenient and unfit for the purposes for which it was selected; therefore,

Be it enacted by the Legislature of the State of Kansaş:

SECTION 1. That C. A. Buck, of Jefferson, John S. Penton of Atchison, and D. G. Campbell, of Johnson county, of the State of Kansas, be and they are hereby appointed commissioners to fix and determine the location of the State penitentiary for the State of Kansas: Provided, such re-location and the securing of the site be without expense to the State.

SEC. 2. That said commissioners shall meet in the city of Leavenworth within thirty days after the approval of this act, and take the oath of office to faithfully discharge their duties as such commissioners.

SEC. 3. That any vacancy occurring by the failure or the refusal to qualify by either of said commissioners, in the manner herein prescribed, or from any other cause, shall be filled by appointment of the Governor.

SEC. 4. That said commissioners shall proceed to locate the State penitentiary within sixty days after the approval of this act, at some practicable point within the limits of the city of Leavenworth, or its vicinity, and shall select a tract of land containing a sufficient quantity, not less than ten acres, to contain the buildings of said State penitentiary, and shall, by donation or otherwise, secure the title to the same, in fee simple, to the State of Kansas.

SEC. 5. It shall be the duty of the Governor to sell the tract of land heretofore selected by the former commissioners, and he is hereby authorized and empowered to sell and convey a good and sufficient title to the same: Provided, however, said

land shall not be sold for a less sum than six hundred and sixty dollars, and said money be used for the payment of the re-location and purchase of the future site: Provided, it shall be at the option of said commissioners to change said site.

SEC. 6. Said commissioners shall receive three dollars per Compensation. day as compensation for their services during the time actually employed, together with their necessary traveling expenses; and, upon their furnishing the proper vouchers, their accounts shall be audited and allowed by the Auditor of State, and he shall thereupon issue a warrant upon the State Treasurer for the amount so allowed, which shall be paid out of any money in the treasury not otherwise appropriated.

SEC. 7. This act shall take effect and be in force from and after its publication once in the Topeka Tribune.

Approved, February 27, 1864.

THOMAS CARNEY,

Governor.

I hereby certify the foregoing to be a true copy of the enrolled law on file in my office, and that the same was published in the Topeka Tribune for March 2, 1864.

W. W. H. LAWRENCE,

Secretary of State.

CHAPTER XCII.

CRIMINAL PROCEDURE-SUPPLEMENTAL.

AN ACT supplemental to an act entitled "An act to establish a code of criminal procedure."

Be it enacted by the Legislature of the State of Kansas :

nesses.

SECTION 1. That all courts of record in the State of Kansas, having criminal jurisdiction, shall have power to compel the To compel witattendance of witnesses in criminal causes, from any county in the State, to testify either on the part of the State or for the defendant.

SEC. 2. That subpoenas and other process to compel the attendance of witnesses in criminal causes shall be issued

and served in the same manner, and the disobedience thereof punished the same, as in civil cases. The subpoena may be directed to the Sheriff of the county in which the witness resides or may be found; and, in such case, the said Sheriff Duty of Sheriff. shall make immediate service and speedy return thereof, by mail, to the court from which it issued, with the time and manner of service endorsed thereon, and the distance, by the most direct route of common travel, from their residence to the place of such service.

Approved, February 16, 1864.

THOMAS CARNEY,

Governor.

CHAPTER XCIII.

CIVIL PROCEDURE-AMENDATORY.

AN ACT to amend section 525 of an act to establish a code of civil pro cedure, approved February 11th, 1859.

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. That section five hundred and twenty-five (525) of the code of civil procedure be and the same is hereby amended as follows, to wit: "A judgment rendered or final order made by the Probate Court may be reversed, vacated or modified by the Supreme Court or District Court, for errors appearing upon the record.”

SEC. 2. Section five hundred and twenty-five (525) be and the same is hereby repealed. Approved, March 1, 1864.

THOMAS CARNEY,

Governor.

CHAPTER XCIV.

RELIEF.

AN ACT for the relief of Moulton G. Farnham.

Be it resolved by the Legislature of the State of Kansas: SECTION 1. That a sum of five hundred and sixty-one dollars and thirty-three cents be and the same is hereby appropriated, in the manner following, to Moulton G. Farnham, for expenses incurred by him in arresting and bringing to the Territory of Kansas, for trial, James Cooper, a fugitive from the justice of this Territory, upon the authority of a requisition issued by the Governor of Kansas upon the Governor of Wisconsin.

SEC. 2. The Auditor of the State is hereby directed to issue his warrant upon the Treasurer of the State, in favor of said. Moulton G. Farnham, for said amount, payable in twenty years from the date thereof, with interest thereon, payable at the office of said treasurer semi-annually, at the rate of six per cent. per annum.

SEC. 3. This act shall take effect and be in force from and after its publication according to law.

Approved, February 26, 1864.

THOMAS CARNEY,

Governor.

CHAPTER XCV.

REPORTER OF SUPREME COURT.

AN ACT entitled "An act to amend an act prescribing the duties of the Reporter of the Supreme Court."

Be it enacted by the Legislature of the State of Kansas: SECTION 1. That section three of an act prescribing the duties of Reporter of the Supreme Court, approved February 21, 1862, be and is hereby amended so as to read as follows:

"Section 3. It shall be the duty of the Reporter faithfully and truly to prepare all such decisions for publication. The report of each case shall contain the title of the case, a syllabus of the points decided, a statement of so much of the facts of the case as may be necessary to understand the decision, the briefs of counsel, or an abstract thereof, showing the points made and the authorities cited, the names of counsel and the decision of the court. Each volume shall contain a list of all the cases reported, alphabetically arranged, and also a complete index." SEC. 2. That section four of said act be amended so as to read as follows: "Section 4. As often as the cases decided by the Supreme Court shall be sufficient to constitute a volume of not less than four hundred pages, it shall be the duty of the Reporter to procure to be printed and published in a neat and substantial manner, of the ordinary size of law reports, and upon the most advantageous terms practicable, an edition of one thousand copies of reports of such cases: Provided, that the Reporter may, whenever the Justices of the Supreme Court shall deem it advisable and so direct, as often as the reports of such cases shall be sufficient to constitute a pamphlet of not less than one hundred pages, so procure to be printed and published such pamphlet, the same to be done without additional expense to the State, and the Reporter is hereby empowered to sell the same on behalf of the State, at a price not exceeding one dollar per pamphlet. The printed sheets of such pamphlets remaining unsold at the time when the reports of cases shall be sufficient for a full volume, as herein above provided, shall go to make up the full volumes of the reports of cases decided in the Supreme Court, which shall be by the Reporter procured to be bound in a neat and substantial manner, in good law leather, and upon the most advantageous terms practicable; and upon the completion of either of such publications, the Auditor shall draw his warrant upon the State Treasurer for the cost of publication: Provided, that before such warrant shall be drawn, the Reporter shall file with the Auditor of State a statement and account of the actual and necessary expense of the printing, binding and publication of such reports, which shall be verified by affidavit."

SEC. 3. That section seven of said act be amended so as to