Territory be, and they are hereby authorized and directed to examine the returns of an election holden in this Territory on the [21st] twenty-first day of December, 1857, on the Lecompton Constitution; and, also, the returns of an election holden on the fourth day of January, 1858, for State officers and members of the State Legislature under said constitution, and to cast up all the votes then polled and returned, and to publish the same by proclamation, together with such facts relating thereto as may come to their knowledge. [Signed.] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 12, 1858. J. W. DENVER, Acting Governor. Property exempt from exccution. Lien or mortgage not affected. CHAPTER XXXII. EXEMPT FROM EXECUTION AND ATTACHMENT. AN ACT to Exempt certain Property from Execution and Attachment. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That a homestead, consisting of any quantity of land not exceeding one hundred and sixty acres, and for agricultural or horticultural purposes, and the dwelling house thereon, and its appurtenances, to be selected by the owner thereof, and not included in any town plot or city or village, or instead thereof, at the option of the owner, a quantity of land not exceeding one-half of an acre, being within the plat of any town or city or village, and the dwelling house thereon, with its appurtenances, owned and occupied by any resident of this Territory, shall not be subject to forced sale or execution, or any final process from any court, for any debt or liability contracted at any time before the passage of this Act. SEC. 2. That such exemption shall not effect any laborer's or mechanic's lien, or extend to any mortgage thereon lawfully obtained, but such mortgage or other alienation of such land by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same; but nothing in this scc tion contained shall be so construed as to effect the validity of any mortgage secured before the passage of this Act, and nothing contained in this Act shall be so construed as to affect the validity of any promissory note, bond or other security, for the collateral security of which any such mortgage may have been given. made on lands and set apart bounds, householders may no tify officer. SEC. 3. That whenever a levy shall be made upon the lands or When levy is tenements of a household, whose homestead has not been selected not selected and set apart by metes and bounds, such householders may notify by metes and the officer at the time of making such levy, or at any time previous to the day of the sale of such property or what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to sale under such levy. dissatisfied of land select ed. officer to have the land surveyed. SEC. 4. That if the plaintiff, in execution, shall be dissatis- If plaintiff is fied with the quantity of land selected and set apart as afore- with quantity said, the officer making such levy shall cause the same to be surveyed, beginning at a point to be designated by the owner, and set off in a compact form, including the dwelling house and its appurtenances, to the amount specified in the first section of this Act, and the expenses of such survey shall be chargable on Expenses of the execution and collected thereupon, if it shall appear after paid. such survey that the owner of said land did not correctly state his metes and bounds; otherwise the expense of survey shall be borne by the person or persons directing the same. survey, how officer may sell SEC. 5. After the survey shall have been made, the officer After survey making the levy may proceed to sell that portion of the property land levied on. so levied upon, if any there shall be found, to be in the same manner [disposed of] as provided in other cases for the sale of real estate on execution. es, &c.,,exempt. SEC. 6. That any person owning and occupying any dwelling Dwelling-houshouse or land not his own, which land he shall be rightfully in possession of, by lease or otherwise, and claiming said home as his homestead, shall be entitled to the exemption of such house and such lease, or other title to such land. empt from sale SEC. 7. That nothing in this Act shall be so construed as to Property exexempt any real estate or personal property from taxation or for taxes. sale for taxes. SEC. 8. That no property hereinafter mentioned shall be liable to attachment, execution or sale, on any final process issued from any court of this Territory, except for taxes, 1. The family library, family Bible and all school books and family Property execution, except empt from exfor taxes. Same. Same. Same. When exempted property is levied on, de fendant may replevy, &c. Administratore, &c. pictures. 2. A seat or pew in a house or place of public worship. 3. The rites of burial of the dead. 4. All wearing apparel of the debtor and his family, all cooking utensils and all other kitchen and household furniture not herein enumerated, not exceeding three hundred dollars in value. SEC. 9. That two cows, twelve hogs, twelve sheep, and also the wool from the same, and all yarn and cloth manufactured for the use of the family, one yoke of oxen and one horse, or in lieu thereof a span of horses, the necessary food for all the stock mentioned in this section, for one year's support, either provided or growing, or both, as the debtor may choose; also, one wagon, cart or dray, one sleigh, two ploughs, one drag and other farming utensils, including tackle for teams not exceeding one hundred dollars in value. SEC. 10. That the provisions for the debtor and his family, necessary for one year's support, either provided or growing, or both, and fuel necessary for the same for one year. SEC. 11. That the tools and implements, or stock in trade of any mechanic, minor or other person or persons, and kept for the purpose of carrying on his trade or business, not exceeding three hundred dollars in value, the library and implements of any professional man, not exceeding five hundred dollars in value; and in addition to a library as aforesaid, any professional man may have and keep to use in the exercise of his profession, one horse and buggy and houses, all of which articles hereinbefore intended to be exempted, shall be chosen by the debtor, his agent, attorney or legal representative. SEC. 12. That in any case wherein any property claimed as exempted under the provisions of this Act, shall be seized on execution of attachment, the defendant in such process shall be entitled to his proper writ of replevin, trespass or otherwise, to try the title to the same, or to recover the value thereof. any ad SEC. 13. The benefit of this Act shall not extend to ministrator, executor or guardian, or to any other person or persons acting in a residuary capacity, or to their securities. SEC. 14. This Act shall be in force from and after its pas- hereby repealed. [Signed.] President of the Council. Approved, February 12, 1858. J. W. DENVER, Acting Governor. AN ACT Regulating the Fees of Officers. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: trict Court. SECTION 1. That the persons and officers herein mentioned Clerk of Disshall be entitled to receive for their services the fees herein allowed, and no others, except otherwise provided by law. CLRRK'S FEES IN THE DISTRICT COURT. Every writ or process and seal, $1.25; every process and summons, not sealed, 75 cents; endorsing on writ of error, or summons under writ of error, that is to operate as a supersedeas, 10 cents; filing each paper in a case, 8 cents; copy of a record or other paper, per sheet of one hundred words, or if the whole number of words in such copy be less than one hundred, 15 cents; discontinuance or retraxit, 15 cents; bringing a particular record into court, 35 cents; entering satisfaction of record, 15 cents; receiving and entering verdict, 15 cents; entering defendant's appearance, 8 cents; entering on docket, 20 cents; entering judgment, 30 cents; swearing each witness, constable or bailiff, 8 cents; making up or entering up a complete record after judgment, per sheet of one hundred words, 15 cents; searching the record within one year, 15 cents-every year back, 8 cents; on confession of error, judgment or default, 35 cents; continuing cause, 30 cents; every issue joined, 35 cents; entering any principal motion, 15 cents; certificate and seal, 75 cents; every bond, 75 cents; making out advertisement for nonresident defendant, 75 cents; every hundred words contained in every writing required by law to be done by him, and for which there is no specific allowance, 15 cents; for recording deed or other writing when required, per one hundred words, 15 cents; endorsing on supersedeas or writ of error, direction to the clerk of the inferior court, 35 cents; docketing judgment, 20 cents; taking bail for stay of execution, 35 cents; issuing fee bills for fees not his own, 75 cents; for services not specifically provided for in this Act, such clerk shall be entitled to the same fees as are allowed by law for similar services. CLERK'S FEES IN PROBATE COURT. For every writ, summons or other process, 75 cents; entering Clerk of Proaction, 8 cents; entering complaint or other pleading or paper, bate Court. 8 cents; copy of complaint or other pleading, when required, or any order, rule or record, or other paper, per sheet of one hundred words, or if the whole number of words be less than one hundred, 15 cents; entering any motion and rule thereon, 15 cents; discontinuance or retraxit, 15 cents; bringing a particular record into court, 15 cents; entering satisfaction of record, 15 cents; receiving and entering verdict, 15 cents; entering judgment, 30 cents; transcript of record and returning it with the writ, per sheet of one hundred words, 15 cents; entering defendant's appearance, 8 cents; every writ of inquiry per sheet of one hundred words, 15 cents; entering on docket, 25 cents; receiving and entering the petit panel and swearing jury, 15 cents; entering fees except his own on fee docket, per one hundred words, 15 cents; swearing each witness, constable or bailiff, 8 cents; making up and entering a complete record after judgment, per one hundred words, 15 cents; searching the record within one year, 15 cents-every year back, 8 cents; entering report of referees, 20 cents; entering every special continuance of a cause, 25 cents; on the surrender of a principal in court by sureties, 25 cents; entering each principal motion, 15 cents; every issue joined, 35 cents; on drawing special list of jury, attending, striking and making copies of jury list for plaintiff or defendant, 75 cents; making out advertisement for nonresident defendant, or on libel for divorce, 75 cents; for a marriage license and recording certificate of marriage, $1.50; taking bail of execution, 35 cents; copy of a judgment to operate as a lien on real estate in another county, 75 cents; recording certificate of an entry and advertising same, 75 cents; writ of ad quod damnum, $1.50; issuing fee bills for fees other than his own, 75 cents; filing and recording transcript as a lien on real estate, 75 cents; for every one hundred words of the record transcribed into a writ of venditioni exponas or sciere facias, 15 cents; entering a writ of error or certiorari for the Supreme or District Courts, 15 cents; writing an affidavit and swearing an affiant thereto, 35 cents; certificate and seal, 75 cents; reading and entering each order, 15 cents; every other writing required by law, for which there is no specific allowance, for every one hundred words, 15 cents; for all services not specifically provided for in this Act, except in relation to estates, the clerk shall be allowed the same fees as are by law allowed him for similar services. |