where the relation of landlord and tenant does not exist, no no

tice to quit shall be necessary.

served.

SEC. 6. Notice, as required in the preceding sections, may be Notice, how served on the tenant, or if he cannot be found, by delivering the same to same person of proper age and discretion, residing on the premises, having first made known to such person the contents thereof.

of real estate

the attornment

SEC. 7. A conveyance of real estate, or of any interest there- A conveyance in, by a landlord, shall be valid, without the attornment of the valid without tenant; but the payment of rent by the tenant, to the grantor, of tenant. at any time before notice of sale, given to said tenant, shall be good against the grantee.

The attorn

ment of a ten

ant to a stran

ger, void.

SEC. 8. The attornment of a tenant to a stranger shall be void, and shall not effect the possession of his landlord, unless it be made with the consent of the landlord or pursuant to a judgment at law, or the order or decree of a court. SEC. 9. Sub-lessees shall have the same remedy upon the Remedy of suboriginial covenant against the chief landlord, as they might have had against their immediate lessor.

lessees.

lessors and les

their sees.

SEC. 10. Alienees of lessors and lessees of land shall have of alienees of the same legal remedies in relation to such lands as principal.

SEC. 11. Rents from lands granted for life or lives, may be Rents of lands recovered as other rents.

for life, how recovered.

SEC. 12. A person entitled to rents dependant on the life of Rents recoveranother, may recover arrears unpaid at the death of that other.

able after death of a party,

liabilities of

executors and

SEC. 13. Executors and administrators shall have the same Remedies and remedies to recover rents, and be subject to the same liabilities to pay them as their testator and intestates.

administrators.

SEC. 14. The occupant, without special contract of any lands, Occupants shall be liable for the rent to any person entitled thereto.

without special contract, liable for rent.

Of joint tenin common

ants or tenants

or

in co-parcena

SEC. 15. If a joint tenant, or a tenant in common, or tenant in co-parcenary, have by consent, management of the estate, and make with knowledge and without objection of his co-tenant or ry. co-parcener, shall contribute rateably thereto.

SEC. 16. That a joint tenant, or tenant in common, or tenant Same. in co-parcenary, may maintain an action against his co-tenant or co-parcener, or their personal representatives for receiving more than his just proportion.

SEC. 17. That rents from lands are collected as other debts. SEO. 18. That a person seized of an estate in remainder or reversion may maintain an action for waste or trespass, for inju

Rents collected

as other debts.

A person seized remainder or

of an estate in

reversion, may ry to the inheritance, notwithstanding an intervening estate for

maintain an ac

tion for waste life or years.

or trespass.

Laws repealed.

SEC. 19. All laws and parts of laws inconsistent with the provisions of this Act, are hereby repealed.

This Act to be in force from and after its passage.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 8, 1858.

J. W. DENVER,

Acting Governor.

All laws shall

take effect from

last day of the session.

CHAPTER LXVII.

TAKING EFFECT OF LAWS.

AN ACT to Provide for the taking Effect of Laws.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That all laws hereafter passed by the Legislative and after the Assembly of the Territory of Kansas, shall take effect from and after the last day of the session at which they were passed, unless a different period of time shall be specified, and that all prior laws inconsistent with any law passed, shall be construed to be repealed without a clause to that effect.

SEC. 2. That all laws or parts of laws inconsistent with this law, be and the same are hereby repealed.

This Act to take effect and be in force from and after its

passage.
[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 9, 1858.

J. W. DENVER,

Acting Governor.

CHAPTER XLVIII.

OF KANSAS.

LIBRARY OF THE TERRITORY

AN ACT for the Re-organization of the Library of the Territory, and to provide for the appointment of Librarian.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

point librarian.

SECTION 1. That it shall be the duty of the Governor of this Governor to apTerritory, by and with the consent and advice of the Council, to appoint a State librarian, who shall hold his office for two years, and until his successor shall be appointed and qualified.

give bond.

bond.

SEC. 2. The librarian, before he enters upon the discharge of Librarian shall his official duties, shall give a bond in the penal sum of two Amount of thousand dollars, with good and sufficient security, to be approved by the Governor, made payable to the Territory of Kansas, conditional that he shall faithfully discharge the duties of Conditions. librarian, and deliver over to his successor in office, all books and other property belonging to the Territorial library, according to law, and such rules and regulations as may be adopted by the Legislative Assembly.

Shall give a re

ceipt to the

treasurer for all

books, maps,

receipt.

SEC. 3. That said librarian shall execute and deliver a receipt to the treasurer of the Territory, for all books, maps and other property belonging to the Territorial library, or which may here- &c. after be purchased for or presented to said library, specifying in Conditions of said receipt each book or set of books, maps or article of property, separately, which receipt, with the bond given by said librarian, shall be filed in the treasurer's office, and the librarian. be held accountable for all said property, and in case of the death, resignation or removal from office of the librarian, all books, maps and other property belonging to the library, shall immediately be delivered to his successor in office, taking his receipt for the same, which shall be filed with the Territorial treasurer, and a credit shall be entered on the receipt of the former librarian, accordingly. But neither the receipt nor the bond of the librarian shall be given up or canceled, unless the whole property in his hands shall have been accounted for according to law, and the rules and regulations for the government of the Territorial library.

SEC. 4. The librarian may be removed by joint resolution of both Houses of the Legislature, for sufficient cause, which shall be specified in such resolution.

Librarian may the Legislature,

be removed by

Resignation, how made.

SEC. 5. That the resignation of the librarian shall be made to the Governor, who is hereby authorized to appoint a librarian Vacancy, how in all cases where a vacancy shall happen during the recess of

filled.

Board of Commissioners.

Powers of the
Board.

Shall control

the sale of re

tistics.

May appoint a

person to con

the Legislative Assembly, and the person so appointed shall give the same bond, sign the same receipt, and discharge all the duties appertaining to said office, in the same manner as though he had been appointed according to the provisions of the first section of this Act; and he shall hold his office until the next session of the Legislative Assembly, and until his successor shall have been appointed and qualified.

SEC. 6. That the Territorial library shall be under the management of a Board of Commissioners, consisting of the Governor, Secretary of State, Librarian, President of the Council and Speaker of the House of Representatives.

SEC. 7. That the commissioners of the library shall have full power to make any rules and regulations proper and necessary, for the preservation, regulation and increase of the library, not inconsistent with the law which the librarian shall in all things observe, and to superintend and direct all expenditures of appropriations made for the library.

SEC. 8. That the said Board of Commissioners shall control ports and sta- the sale of the reports of the Supreme Court, and all extra copies of statistics and other documents not otherwise appropriated, or otherwise advisable to be preserved and kept in the library, and for the purpose of making such sale, the commissioners may appoint a suitable person upon such terms as they shall deem best, from whom they shall take a bond with satisfactory security, conditional for the faithful performance of his duty, and paying over the proceeds of the sales by him made, and the commissioners shall apply the proceeds of said sales to the increase and preservation of the library.

duct the sale.

Librarian to

exchange stat

SEC. 9. The commissioners shall direct the librarian to exutes, &c., with change statutes, journals, Legislative documents, and other books with other Legislative bodies, and libraries, as they shall deem proper.

other Legislative bodies.

Persons permitted to visit the library.

SEC. 10. All persons shall be permitted to visit the library and examine and read the books there, without taking the books therefrom, under such regulations as the Board of Commissioners Persons per shall prescribe. Members and ex-members of the Legislative Assembly, judges of the Supreme Court, Probate, and Court of Common Pleas, officers of the Territory and their clerks actually engaged in the service of the Territory, and clerks and sergeant

mitted to take

books out of the library.

at-arms of the Legislative Assembly, shall have free access to the use of the books of the library, and have the liberty of taking the same out under such regulations as the commissioners may determine, but no public officer, or other person, having a right to take books out of the library, shall have the authority to give any other person an order to take books out of the same, and if any person having such right, shall give such orders, or otherwise obtain books out of the library, to be used by any other person not having such right, such person shall thereupon forfeit all right to take books therefrom.

shall make a

SEC. 11. That the commissioners of the Territorial library Commissioners shall, five days preceding the commencement of each regular report. session of the Legislative Assembly, make a report to the Governor of all receipts and expenditures, and of the condition of the library and all other matters in relation thereto, that they may deem expedient for the information of the Legislative Assembly, and said report shall be communicated by the Governor to the Legislative Assembly, along with the reports of the executive departments and Territorial institutions.

SEO. 12. That all Acts or parts of Acts inconsistent with this Acts repealed. Act, are hereby repealed.

This Act to take effect and be in force from and after its

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. That marriage is considered in law, a civil con- Marriage a civ

tract, to which the consent of the parties is essential.

SEC. 2. That all marriages between parents and children, in

il contract.