how.

State, or by the Probate Judge of the county in which he is elected; and said County Atterney shall, before entering upon the duties of his office, give bond, with sufficient sureties, to be approved by the board of County Commission- To be approveders, to the State of Kansas, in any sum not less than two thousand dollars, conditioned that he will, according to the best of his skill and abilities, faithfully discharge all duties enjoined on him by law, and also that he will honestly and faithfully pay over all moneys by him received as such County Attorney, in the manner directed by law, which said bond shall be filed with the County Clerk.

SEC. 4. That the County Attorney for each county in this State shall receive such compensation for his services as shall Compensation. be allowed by the Judge of the District Court of the county wherein such services shall be rendered; the amount of such services, in both civil and criminal business pertaining to his office, to be determined by the Judge of the District Court, at each and every term of said court in said county. All of the allowances made by the court to County Attorneys, contemplated by this act, to be paid out of the county treasury, on the order of the County Clerk; and the County Attorney shall be allowed ten per cent. on all moneys collected by him.

Clerk.

SEC. 5. That it shall be the duty of the County Clerk, when- Duty of County ever any officer of his county shall be elected or appointed, who is required to give bond for the discharge of his duties, to call upon the County Attorney of his county to attend to the same, and it shall be the duty of said County Attorney, upon such summons, to prepare the proper bonds, in legal form, to examine and take special care that the forms of the same, together with the acceptance by the proper authorities, the signing and sealing thereof, and all the endorsements thereon, are in conformity to law; and the bond of no county officer shall be accepted and approved by the authority authorized to approve and accept the same, until said bond has been seen and inspected by the County Attorney of the proper county; and the County Commissioners shall annually make such allowance to the County Attorney for his services under this section as they shall deem just and reasonable.

SEC. 6. That, on the application of any County Attorney,

during the term of the District Court, the court may, if they May appoint an think necessary, appoint an assistant County Attorney, for

assistant.

filled.

whose services the court shall make such allowance as they shall deem just and reasonable, to be paid out of the county treasury, on the order of the County Clerk.

SEC. 7. That, if the office of County Attorney, in any county Vacancy, & how of this State, shall at any time become vacant, by death, disability, removal or resignation, or from any other cause whatever, the Judge of the District Court shall appoint a special County Attorney, who shall be qualified and give bond, as required by the third section of this act, and the said special County Attorney shall hold his office until the proper County Attorney shall resume his duties, and, in case of death, resignation or removal from office, or removal out of the county, until the next November election succeeding his appointment, and until his successor shall be elected and qualified; and he shall perform the same duties and receive the same compensation as is pointed out and provided for by this act.

Complaints-how

made.

SEC. 8. That it shall be the duty of the District Court in the several counties of this State, upon complaint in writing, in due form of law, signed by the person or persons making such complaint, and containing distinct charges and specifications against the County Attorney of said county, for a wanton and willful neglect of his duty, or other misconduct in office, as County Attorney, for said court to cause such complaint to be filed and entered upon their docket, and notice thereof to be given to the County Attorney so charged, and upon the answer thereto of said County Attorney, to be filed within a reasonable time, such as the court shall fix and limit, to proceed to hear the evidence in relation thereto; and if it shall appear to the satisfaction of said court that the County Attorney thus charged has wantonly and willfully neglected to perform his duties, as required by law, or has been guilty of any misconduct in office whatever, the court shall, at the cost of said County Attorney, remove him from office, and shall forthwith proceed to appoint another to fill the vacancy until the next annual election; but if the court shall, upon hearing, be of opinion that said County Attorney is not guilty, then the court shall enter up judgment for costs, against the person or

persons making such complaint, to be recorded as upon judg ment at law.

SEC. 9. That no person shall be eligible as a candidate for, Eligibility. or be elected to, the office of County Attorney, who is not an attorney and counselor at law, duly licensed to practice in the State, and no County Treasurer, County Clerk, County Surveyor, Sheriff or Clerk of the District Court shall be eligible as a candidate for, or be elected to the said office of County Attorney.

allowed by law.

SEC. 10. No County Attorney shall receive any fee or re- No fees, except ward from or on behalf of any prosecutor or other individuals, except such as are allowed by law, for services in any prosecution or business to which it shall be his official duty to attend, nor be concerned as attorney or counsel for either party other than the State or county in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced, but undetermined, shall depend.

SEC. 11. The County Attorney shall be, ex officio, the legal adviser of the board of County Commissioners and other civil officers of their respective counties, and, when requested by such board or officers, shall, without compensation, give his opinions and advice to the said board of County Commissioners and other civil officers, upon all matters in which the county is interested, or relating to the duties of such board or officers, in which the State or county may have an interest.

SEC. 12. Whenever required by the grand jury of any court sitting within his county, it shall be the duty of the County Attorney to attend them, for the purpose of examining witnesses in their presence, or of giving them advice in any legal matter, and to issue subpoenas and other processes to bring up witnesses, and to draw up bills of indictment.

Co. Attorney ex

officio legal advi

ser of Co. board.

Shall attend gr'd

juries when so re

quired.

behalf of State

by any magis

SEC. 13. Each and every County Attorney shall, when shall appear on requested by any magistrate of his county, appear on behalf when requested of the State, before said magistrate, and prosecute all com- trate. plaints made in behalf of the State, of which such magistrate shall have exclusive jurisdiction, and, upon like request, shall appear before such magistrate, and conduct any criminal examination which may be had before such magistrate, and shall also prosecute and defend all civil suits before such magistrate

in which the county is a party or interested, and shall receive a fee of two dollars and fifty cents.

SEC. 14. The several County Attorneys are hereby authorCounty Attorney ized to issue subpoenas, to be attested by the clerk of the court, to compel the attendanee of witnesses before a grand jury of said county, or in any criminal action to be tried in said court.

to issue subpœ

nas.

May appoint dep

uties.

Repeal.

SEC. 15. The County Attorney may appoint a deputy, who shall perform all the duties of such County Attorney during his absence or sickness.

SEC. 16. That the act entitled "An act providing for the election of District Attorneys, and defining their duties," approved June 4, 1861, and also sections 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 of an act entitled “An act relating to counties and county officers," approved February 25, 1860, be and the same are hereby repealed: Provided, that all District Attorneys in office at the time of the passage of this act shall continue in office for the same term for which they were elected, and shall have the same fees as heretofore provided by law. SEC. 17. That this act shall take effect and be in force from and after its publication in the statute book.

Approved, February 12, 1864.

THOMAS CARNEY,

Governor.

CHAPTER XXXII.

RESTRAINING THE POWERS OF COUNTY COMMISSIONERS.

AN ACT restraining the powers of County Commissioners.

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

SECTION 1. It shall be unlawful for any board of Commissioners to proceed to build any permanent county buildings, or assess any tax for that purpose without submitting the ques tion to a vote of the electors of the county, at some general election; shall be governed and returns thereof made in accordance with the laws governing the election of county officers.

The ballots used at said election shall be written or printed the words "For building public buildings," or "Against public buildings."

SEC. 2. Any board of County Commissioners violating the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall pay a fine of not less than one thousand nor more than five thousand dollars.

SEC. 3. This act shall take effect and be in force from and after its publication, and it shall be the duty of the Secretary of State, immediately after the approval of this act, to cause it to be published once in the Topeka Tribune, which shall constitute such publication.

Approved, February 26, 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 1, 1864.

W. W. H. LAWRENCE,

Secretary of State.

CHAPTER XXXIII.

POWER OF COUNTY COMMISSIONERS.

AN ACT restraining the power of County Commissioners.

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

SECTION 1. It shall be unlawful for any board of County Commissioners to proceed to build any permanent county buildings, or assess any tax for that purpose, without first submitting the question to a vote of the electors of the county, at some general election, and said election shall be governed and returns thereof made in accordance with the laws governing the election of county officers. The ballots used at said election shall be written or printed the words, "For building public buildings," "Against building public buildings."