No justice shall purchase any judgment. Penalty. To take effect first April, 1858, on, or securing the payment of the same by putting in bail for the stay of execution, it shall not be lawful for the plaintiff to institute any other suit or suits upon said bond, sealed bill, promissory note or other instrument of writing, for the recovery of any farther sum or sums, the payment of which is secured by the same bond, sealed bill, promissory note or other written evidence of indebtedness. Provided, that when an appeal shall be taken from the judgment of such justice, it shall be his duty to deliver or transmit any bond, sealed bill, promissory note or other written evidence produced before him on trial, to the clerk of the Probate Court, to which such cause shall have been appealed, on or before the second day of the term of the court, next after taking such appeal. Provided, also, that nothing herein contained shall be construed to lessen or in any wise affect the right which any creditor [may] now have to demand from any justice of the peace, any joint and several obligations for the purpose of prosecuting any party to said obligation, other than the party against whom judgment may have been rendered, SEC. 220. That it shall not be lawful for any justice of the peace to purchase any judgment upon any docket in his possession, and for so doing for every such offence, such justice shall forfeit and pay a sum not more than fifty nor less than ten dollars, to be recovered by an action before any court having jurisdiction thereof, and when collected, shall be paid into the treasury of the township where such offence was committed. SEC. 221. That the provisions of this Act do not apply to proceedings in actions or suits pending when it takes effect. They shall be conducted to final judgment and determination in all respects as if it had not been adopted. SEC. 222. This Act shall take effect and be in force from and after the first day of April, A. D. 1858. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. Approved February 12, 1858. J. W. DENVER, Acting Governor. AN ACT Concerning the Assignment of Judgments and Decrees. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: decrees, how SECTION 1. That judgments and decrees of a court of record, Judgment and for the release of money and judgments obtained before a justice assigned, &c. of the peace, may be assigned by the plaintiff or complainant, and the assignees thereof successively on, or attached to the entry of such judgment or decree, and the assignment when attested by the clerk of the court, or said justice of the peace, shall vest the title to said judgment or decree in each assignee thereof successively. isfaction on SEC. 2. Payment or satisfaction on such judgment or decree Payment or satto the assignor shall be valid, if made before notice of assign- such judgment ment to the judgment debtor, but not otherwise. or decree, how made valid. issued. SEC. 3. That in case of assignment, execution shall issue in Execution how the name of the original plaintiff or complainant, but shall be indorsed by the clerk or justice, to be for the use of the assignee. SEC. 4. That any action which the plaintiff or complainant in such judgment or decree might have thereon, may be maintained in the name of the assignee. Action may be the name of the maintained in assignee. Of bonds for the SEC. 5. That bonds for the delivery of property levied upon delivery of pro by virtue of such execution, shall be to the judgment plaintiff for perty, &c. the use of such assignee; and all suits and proceedings relating to such judgment or decree, or against any officer on his bond for neglect of duty relating thereto may be against or on relation, or for the use of such assignee, as the case may require. All laws and parts of laws in conflict with the provisions of Laws repoaled. this Act are hereby repealed, and this Act to be in force from and after its passage. [Signed,] G. W. DEITZLER, President of the Council. Approved February 8, 1858. J. W. DENVER, Acting Governor. CHAPTER XLIV. Penalty for cutting timber on school lands. Persons convicted may be committed to jail of an ad if there is no jail in the county where committed. TRESPASS ON SCHOOL LANDS. AN ACT to punish Trespasses on School Lands. Be it enacted by the Governor and Legislative Assembly of SECTION 1. That any person who shall wilfully cut any standing or other timber, on any lands set apart as school lands, for the use either of common schools, or the University of Kansas, not having acquired a title to said lands, every such person so offending shall be deemed guilty of a misdemeanor, and upon enviction thereof shall be imprisoned in the county jail for a period of not less than three days nor more than six months, and shall pay a fine of not less than twenty-five nor more than one thousand collars, one half of said fine to go to the party complainant, an the other half to the common school fund; and in case of the neect or refusal of the person so convicted to pay the fine above scified, he shall be in addition to the imprisonment above imposed, confined in the county jail or territorial prison one day for every dollar thereof until said fine shall be discharged. SEC. 2. In all cases of conviction under this Act, if the is no jail within the county where the offence was committed (or joining county, to which it may be attached for judicial purposes) it she be competent for the court before which such conviction was ha, to the offence was commit the offender to the nearest jail in any other county and it is hereby made the duty of the keeper of such jail to resive the prisoner so committed, and in all respects to proceed ith him, as if he had been committed by the proper authorits of the county in which such jail is situated. Provided, the the county in which the offence was committed shall pay the coss of his confinement. Officers must convey all the information SEC. 3. It shall be the duty of all sheriffs, justices o. the peace, constables, school trustees, and other officers to us all proper authori- necessary means to obtain [convey] information to the p1 per authorities of all trespasses on said school lands. they can to the ties of trespass es. Courts having jurisdiction. Act repealed. SEC. 4. The several Dist [rict] Courts, Probate Courts and justices of the peace, shall have concurrent jurisdiction in all cases arising under this Act. SEC. 5. An act entitled "An act to grant pre-emption to. school lands in certain cases," is hereby repealed. This Act to take effect and be in force from and after its AN ACT for the Protection of Territorial Lands. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That every person who shall knowingly and wilfully, without color of title made in good faith, cut, box, fell, bore, or destroy any tree or sapling standing or growing upon the land of any person or corporation, without the license or consent of the owner of such land, or upon any school land, shall be adjudged guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten nor more than one hundred dollars, or imprisoned in the county jail for any term not exceeding three months, in the discretion of the court in which such conviction is had. proceeded SEC. 2. That all offenders against this Act shall be proceeded Offenders, how against by indictment in the court of the proper county having agaiust. cognizance of indictable offences; on the trial of which indictment the owner or owners of the land upon which trespass shall be committed, are hereby declared competent witnesses. Owners of the land are competent witneses When defencommitted to dant may be jail. SEO. 3. That it shall be the duty of the court in all cases of conviction under this statute, when any fine is inflicted, to order as a part of the judgment of the court that the offender shall be committed to jail, there to remain until the fine and costs are fully paid or otherwise legally discharged, and any judgment for fine and costs hereafter rendered under this Act may be enforced how enforced. by execution as in other criminal cases. SEC. 4. That nothing in this Act contained, shall be so construed as to prevent the owner from having his election, and Fine and cost prevent the Owners from This act not to maintaining an action of trespass to recover damages for the trespasses declared criminal by this Act, and that an indictment tion to recover under this Act shall be a bar to the recovery of the penalty given by the statute by action of debt. bringing an acdamages. This Act shall be in force from and after the first day of Estates at will, how determined. Tenancies at will arise by an LANDLORDS AND AN ACT containing several Provisions regarding Landlords, Tenants, Lessors and Lessees. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That estates at will may be determined by one month's notice in writing, delivered to the tenant. SEC. 2. A tenancy at will cannot arise or be created without express con- an express contract; and all general tenancies, in which the General tenan- premises are occupied by the consent, either express or construcdeemed tenan- tive of the landlord, shall be deemed tenancies from year to tract. cies, when cies from year to year. Tenancies from year to year, how deter Pined. If tenant refuse to pay rent, ten year. SEC. 3. All tenancies, from year to year, may be determined by at least three months' notice given to the tenant, prior to the expiration of the year; and in all tenancies which, by agreement of the parties, express or implied, are from one period to another of less than three months' duration, a notice equal to the interval between such periods, shall be sufficient. SEO. 4. If a tenant at will, or from year to year, or for a days notice to shorter period, neglect or refuse to pay rent when due, ten days' notice to quit shall determine the lease, unless such rent be paid at the expiration of said ten days. quit shall de- When notice to quit unneces sary. SEC. 5. Where the time for the determination of a tenancy is specified in the contract, or where a tenant at will commits waste, or in the case of a tenant at sufferance, and in any case |