USA > Kansas > Doniphan County > Doniphan County, Kansas, history and directory for 1868-9 > Part 4
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LEASE, agreement, memorandum, or contract for the hire, use, or ยท rent of any land, tenement, or portion thereof, where the rent or rental value is three hundred dollars per annum or less ($0.50).
Where the rent or rental value exceeds the sum of three hundred dollars per annum, for each additional two hundred dollars or fractional part thereof in excess of three hundred dollars ($0.50).
MORTGAGE of lands, estate, or property, real or personal, heritable or movable whatsoever, where the same shall be made as a security for the payment of any definite or certain sum of money lent at the time, or pre- viously due or owing, or forborne to be paid, being payable; also any conveyance of any lands, in trust, to be sold or otherwise converted into money, which shall be intended only as security, and shall be redeemable before the sale or other disposal thereof, either by express stipulations or otherwise ; or any personal bond given as security for the payment of any definite or certain sum of money exceeding one hundred dollars and not exceeding five hundred dollars ($0.50).
Exceeding five hundred dollars and not exceeding one thousand ($1.00).
And for every additional five hundred dollars or fractional part thereof, in excess of one thousand dollars ($0.50).
Empire Sewing Machine, WELLS & RICHMOND, Gen'l Western Agents, Principal Office, cor. 2d and Francis Streets, St. Joseph, Missouri.
10
HISTORY AND DIRECTORY OF
Upon every assignment or transfer of a mortgage the same stamp tax upon the amount remaining unpaid thereon as is herein imposed upon a mortgage for the same amount :
Provided, That upon each and every assignment or transfer of a policy of insurance, or the renewal or continuance of any agreement, contract, or charter, by letter or ctherwise, a stamp duty shall be required and paid equal to that imposed on the original instrument :
And provided further, That upon each and every assignment of any lease a stamp duty shall be required and paid equal to that imposed on the original instrument, increased by a stamp duty on the consideration or valne of the assignment equal to that imposed upou the conveyance of land for similar consideration or valuc.
PASSAGE-TICKET, by any vessel from a port in the United States to a foreign port, not exceeding thirty-five dollars ($0.50).
Exceeding thirty-five dollars and not exceeding fifty dollars ($1.00).
And for every additional fifty dollars, or fractional part thereof, in excess of fifty dollars ($1.00).
POWER OF ATTORNEY for the sale or transfer of any stock, bonds, or scrip, or for the collection of any dividends or interest thercon ($0.25).
POWER OF ATTORNEY or PROXY for voting at any election for officers of any incorporated company or society, except religious, charitable, or literary societies, or public cemeteries ($0.10).
POWER OF ATTORNEY to receive or collect rent ($0.25).
POWER OF ATTORNEY to sell and convey real estate or to rent or lease the same ($1.00).
POWER OF ATTORNEY for any other purpose ($0.50).
PROBATE OF WILL, or letters of administration, where the estate and effects, for or in respect of which such probate or letters of adminis- tration are applied for, shall be sworn or declared not to exceed the value of two thousand dollars ($1.00).
Exceeding two thousand dollars, for every additional thousand dol- lars or fractional part thereof, in excess of two thousand dollars ($0.50).
Provided, That no stamp, either of probate of will or letters testa- mentary or of administration, or on administrator or guardian bond, shall be required when the value of the estate and effects, real and personal, does not exceed one thousand dollars. Provided further, That no stamp tax shall be required upon any papers necessary to be used for the collection from the Government of claims by soldiers or their legal repre- sentatives of the United States for pensions, back pay, bounty, or for property lost in service.
PROTEST .- Upon the protest of every note, bill of exchange, accept- ance, check, or draft, or any marine protest, whether protested by a
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DONIPHAN COUNTY, KANSAS.
WM. FAIRALL,
MANUFACTURER OF AND DEALER IN
CHAIRS
KINDS,
AND ALL KINDS OF
WOOD TURNING, MAIN STREET, WHITE CLOUD, KANSAS.
notary public or by any other officer who may be authorized by the law of any State or States to make such protest ($0.25).
RECEIPTS for any sum of money, or for the payment of any debt, exceeding twenty dollars in amount, not being for the satisfaction of any mortgage or judgment or decree of any court, or by indorsement on any stamped obligation in acknowledgment of its fulfillment, for each receipt ($0.02).
Provided, That when more than one signature is affixed to the same paper, one or more stamps may be affixed thereto, representing the whole amount of the stamp required for such signatures, and that the term money as herein used shall be held to include drafts and other instru- ments given for the payment of money. Provided, That the stamp duties imposed by the foregoing schedule (B) ou manifests, bills of lading, and passage-tickets, shall not apply to steamboats or vessels plying between ports of the United States and ports of British North America. And provided further, That all affidavits shall be exempt from stamp duty.
CONSTITUTION OF THE STATE OF KANSAS.
PREAMBLE.
WE, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American Citizens, do ordain and establish this Constitution of the State of Kansas, with the following boundaries, to wit :
Beginning at a point on the western boundary of the State of Mis- souri, where the thirty-seventh parallel of north latitude crosses the same ; thence running west on said parallel to the twenty-fifth meridian of longi- tude west from Washington ; thence north, on said meridian, to the fortieth parallel of north latitude; thence east, on said parallel, to the western boundary of the State of Missouri ; thence south with the western boundary of said State to the place of beginning.
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Empire Sewing Machine, WELLS & RICHMOND, Gen'l Western Agents, Principal Office, cor. 2d and Francis Streets, St. Joseph, Missouri.
HISTORY AND DIRECTORY OF
BILL OF RIGHTS.
SEC. I .- All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.
II .- All political power is inherent in the people, and all free govern- ments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or annuities shall ever be granted by the Legislature which may not be altered, revoked, or repealed by the same body, and this power shall be exercised by no other tribunal or agency.
III .- The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government or any department thereof for the redress of grievances.
IV .- The people have the right to bear arms for their defense and security ; but standing armies in time of peace are dangerous to lib- erty and shall not be tolerated; and the military shall be in strict subor- dination to the civil power.
V .- The right of trial by jury shall be inviolate.
VI .- There shall be no slavery in this State, and no involuntary ser- vitude, except for the punishment of crime whereof the party shall have been duly convicted.
VII .- The right to worship God according to the dictates of con- science shall never be infringed, nor shall any person be compelled to attend or support any form of worship, nor shall any control of or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualifications shall be required for any office of public trust nor for any vote at any election, nor shall any person be incompetent to testify on account of religious belief.
VIII .- The right to the writ of habeas corpus shall not be suspended, unless the public safety require it, in case of invasion or rebellion.
IX .- All persons shall be bailable by sufficient sureties, except for capital offenses where proof is evident or the presumption great. Exces- sive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
X .- In all prosecutions the accused shall be allowed to appear and defend in person or by counsel, to demand the nature and cause of the accusation against him, to meet the witness face to face, and to have com- pulsory process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a wit- ness against himself, or be twice put in jeopardy for the same offense.
SAM S. McGIBBONS & CO., Dealers in Boots and Shoes, Mar- ket Square, St. Joseph, Missouri. Sign of the Elephant.
13
DONIPHAN COUNTY, KANSAS.
A. H. BAYLESS,
DEALER IN
Staple and Fancy Dry-Goods,
BOOTS, SHOES, HATS AND CAPS,
Provisions,
Groceries HIGHLAND, - KANSAS.
ALSO, . Gents' Furnishing Goods, Notions, Trimmings, Groceries, Queensware, Hardware, and Woodenware. CLOTHING MADE TO ORDER.
XI .- The liberty of the press shall be inviolate, and all persons may freely speak, write, or publish their sentiments on all subjects, being responsible for the abuse of such right; and in all civil or criminal actions for libel the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends the accused party shall be acquitted.
XII .- No person shall be transported from the State for any offense committed within the same, and no conviction in the State shall work a corruption of blood or forfeiture of estate.
XIII .- Treason shall consist only in levying war against the State, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court.
XIV .- No soldier shall, in time of peace, be quartered in any house without the consent of the occupant, nor in time of war except as pre- seribed by law.
XV .- The right of the people to be secure in their persons and prop- erty against unreasonable searches and seizures shall be inviolate, and no warrant shall issue but on probable, cause supported by oath or affirma- tion, particularly describing the place to be searched and the person or property to be seized.
XVI .- No person shall be imprisoned for debt except in case of fraud.
XVII .- No distinction shall ever be made between citizens and aliens in reference to the purchase, enjoyment, or descent of property.
XVIII .- All persons, for injuries suffered in person, reputation, or property, shall have remedy by. due course of law and justice, administered without delay.
XIX .- No hereditary emoluments, honors, or privilege. shall ever be granted or conferred by the State.
XX .- This enumeration of rights shall not be construed to impair or
For Drugs and Medicines go to ELFRED & YOUNG'S, S. W. cor. 4th and Edmond Streets, St. Joseph, Missouri.
14
HISTORY AND DIRECTORY OF
.
deny others retained by the people, and all powers not herein delegated remain with the people.
ARTICLE FIRST.
EXECUTIVE.
SEc. I .- The Executive Department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, Attorney- General, and Superintendent of Public Instruction, who shall be chosen by the electors of the State at the time and place of voting for members of the Legislature. and shall hold their offices for the term of two years from the second Monday in January next after their election, and until their successors are elected and qualified.
II .- Until otherwise provided by law, an abstract of the returns of every election for the officers named in the foregoing section shall be sealed up and transmitted by the Clerk of the Board of Canvassers of the several counties to the Secretary of State, who, with the Lieutenant- Governor and Attorney-General, shall constitute a Board of State Can- vassers, whose duty it shall be to meet at the State Capital on the second Tuesday of December succeeding the election for State Officers, and can- vass the vote for such officers and proclaim the result; but in case any two or more have an equal and the highest number of votes, the Legis- lature shall, by joint ballot, choose one of said persons so having an equal and the highest number of votes for said office.
III .- The supreme executive power of the State shall be vested in a Governor, who shall see that the laws are faithfully executed.
IV .- He may require information, in writing, from the officers of the executive department upon any subject relating to their respective duties.
V .- Ile may, on extraordinary occasions, convene the Legislature by proclamation, and shall, at the commencement of every session, commu- nicate in writing such information as he may possess in reference to the condition of the State, and recommend such measures as he may deem expedient.
VI .- In case of disagreement between the two Houses in respect to the time of adjournment, he may adjonrn the Legislature to such time as Ire may think proper not beyond its regular meeting.
VII .- The pardoning power shall be vested in the Governor, under regulations and restrictions prescribed by law.
VIII .- There shall be a seal of the State, which shall be kept by the Governor, and used by him officially, and which shall be the Great Seal of Kansas.
IX .- All commissions shall be issued in the name of the State of Kansas, signed by the Governor, countersigned by the Secretary of State, and sealed with the Great Seal.
Fashionable Millinery at Mrs. W. T. STONE'S, 110 Felix Street, St. Joseph, Missouri.
15
DONIPHAN COUNTY, KANSAS.
NEW YORK Boot & Shoe Manufactory,
PHILIP HEUSCHELE.
Particular attention given to the manufacture of Ladies' shoes and gaiters. Nothing but the best leather and material used.
ALL WORK WARRANTED. Cor. 5th and Felix Streets, ST. JOSEPH, MO.
X .- No Member of Congress or officer of the State, or of the United States, shall hold the office of Governor except as herein provided.
XI .- In case of the death, impeachment, resignation, removal, or other disability of the Governor, the power and duties of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the President of the Senate.
XII .- The Lieutenant-Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a President pro tempore to preside in case of his absence or in- peachment, or when he shall hold the office of Governor.
XIII .- If the Lieutenant-Governor, while holding the office of Gover- nor, shall be impeached or displaced, or shall resign or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacaney is filled or the disability removed; and if the President of the Senate, for any of the above causes, shall be rendered incapable of performing the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representatives.
XIV .- Should either the Secretary of State, Auditor, Treasurer, At- torney-General, or Superintendent of Public Instruction become incapable of performing the duties of his office for any of the causes specified in the thirteenth section of this article, the Governor shall fill the vacancy until the disability is removed or a successor is elected and qualified. Every such vacancy shall be filled by election at the first general election that occurs more than thirty days after it shall have happened ; and the person chosen shall hold the office for the nnexpired term.
XV .- The officers mentioned in this article shall at stated times re- ceive for their services a compensation, to be established by law, which shall neither be increased nor diminished during the period for which they shall have been elected.
XVI .- The officers of the executive department, and of all public State institutions, shall, at least ten days preceding such regular session of WILCOX & GIBBS' Sewing Machine. General Ageney, 77 Felix Street, St. Joseph, Missouri, J. S. SHORT, Agent.
For Drugs and Medicines go to ELFRED & YOUNG'S, S. W. cor. 4th and Edmond Streets, St. Joseph, Missouri.
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HISTORY AND DIRECTORY 0 F
the Legislature, severally report to the Governor, who shall transmit such reports to the Legislature.
ARTICLE SECOND.
LEGISLATIVE.
SEC. I .- The legislative power of the State shall be vested in a House of Representatives and Senate.
II .- The first House of Representatives, under this Constitution, shall consist of seventy-five members, who shall be chosen for one year. The first Senate shall consist of twenty-five members, who shall be chosen for two years. After the first election, the number of Senators and mem- bers of the House of Representatives shall be regulated by law; but shall never exceed one hundred Representatives and thirty-three Senators.
III .- The members of the Legislature shall receive, as compensation for their services, the sum of three dollars for each day's actual service at any regular or special session, and fifteen cents per mile traveled by the usual route in going to and returning from the place of meeting, but such compensation shall not in the aggregate exceed the sum of two hundred and forty dollars for each member, as per diem allowance for the first ses- sion held under this Constitution, nor more than one hundred and fifty dollars for each session thereafter; nor more than ninety dollars for any special session.
IV .- No person shall be a member of the Legislature who is not at the time of his election a qualified voter of and a resident in the county or district for which he is elected. ,
V .- No member of Congress or officer of the United States shall be eligible to a seat in the Legislature. If any person, after his election to the Legislature, be elected to Congress, or elected or appointed to any office under the United States, his acceptance thereof shall vacate his seat.
VI .- No person convicted of embezzlement or misuse of the public funds shall have a seat in the Legislature.
VII .-- All the State officers, before entering upon their respective duties, shall take and subscribe an oath or affirmation to support the Con- stitution of the United States and the Constitution of this State, and faithfully to discharge the duties of their respective offices.
VIII .- A majority of each House shall constitute a quorum. Each House shall establish its own rules, and shall be judge of the election- returus and qualifications of its own members.
IX .-- All vacancies occurring in either House shall be filled for the unexpired term by election.
Get the Best. WILCOX & GIBBS' Sewing Machine, at 77 Felix Street, St. Joseph, Missouri.
17
DONIPHAN COUNTY, KANSAS.
GEORGE J. ARCHER,
Physician
RESIDENCE,
Half a Mile West of Syracuse, Doniphan County, KANSAS.
Calls promptly attended to from all parts of the country.
CHARGES REASONABLE.
X .- Each House shall keep and publish a journal of its proceedings. The yeas and nays shall be taken, and entered immediately in the journal upon the final passage of every bill or joint resolution.
Neither House, without the consent of the other, shall adjourn for more than two days, Sundays excepted.
XI .- Any member of either House shall have the right to protest against any bill or resolution, and such protest shall, without delay or alteration, be entered on the journal.
XII-All bills shall originate in the House of Representatives, and be subject to amendment or rejection by the Senate.
XIII .- A majority of all the members elected to each House voting in the affirmative shall be necessary to pass any bill or joint resolution.
XIV .- Every bill and joint resolution passed by the House of Repre- sentatives and Senate, shall within two days thereafter be signed by the presiding officers and presented to the Governor; if he approve it he shall sign it, but if not he shall return it to the House of Representatives which shall enter the objections at large upon its journal, and proceed to recon- sider the same. If after such reconsideration two-thirds of the members elected shall agree to pass the bill or resolution it shall be sent with the objections to the Senate by which it shall likewise be reconsidered, and if approved by two-thirds of all the members elected it shall become a law. But in all such cases the vote shall be taken by yeas and nays, and entered upon the journals of each House. If any bill shall not be returned within three days (Sundays excepted) after it shall have been presented to the Governor, it shall become a law in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent its return, in which case it shall not become a law.
XV .- Every bill shall be read on three separate days in each House, unless in case of emergency. Two-thirds of the House where such bill is pending may, if deemed expedient, suspend the rules ; but the reading of the bill by section on its final passage shall in no case be dispensed with.
2
Empire Sewing Machine, WELLS & RICHMOND, Gen'l Western Agents, Principal Office, cor. 2d and Francis Streets, St. Joseph, Missouri.
18
HISTORY AND DIRECTORY OF
XVI .- No bill shall contain more than one subject, which shall be clearly expressed in its title ; and no law shall be revised or amended unless the new act contain the entire act revised, or the section or sections amended, and the section or sections so amended shall be repealed.
XVII .- All laws of a general nature shall have a uniform operation throughout the State ; and in all cases where a general law can be appli- cable no special law shall be enacted.
XVIII .- All power to grant divorces is vested in the District Courts subject to regulation by law.
XIX .- The Legislature shall prescribe the time when its acts shall be in force, and shall provide for the speedy publication of the same ; and no law of a general nature shall be in force until the same be published. It shall have the power to provide for the election or appointment of all officers, and the filling of all vacancies not otherwise provided for in this Constitution.
XX .- The enacting clause of all laws shall be, "Be it enacted by the Legislature of the State of Kansas," and no law shall be enacted except by bill.
XXI .- The Legislature may confer upon tribunals transacting the county business of the several counties such powers of local legislation and administration as it shall deem expedient.
XXII .- For any speech or debate in either House the members shall not be questioned elsewhere. No member of the Legislature shall be subject to arrest, except for felony or breach of the peace, in going to or returning from the place of meeting, or during the continuance of the session ; neither shall he be subject to the service of any civil process during the session, nor for fifteen days previous to its commencement.
XXIII .- The Legislature in providing for the formation and regula- tion of schools shall make no distinction between the rights of males and females.
XXIV .- No money shall be drawn from the Treasury except in pur- suance of a specific appropriation made by law; and no appropriation shall be for a longer term than one year.
XXV .- All sessions of the Legislature shall be held at the State Capital, and all regular sessions shall commence annually on the second Tuesday in January.
XXVI .- The Legislature shall provide for taking an enumeration of the inhabitants of the State at least once in ten years. The first enu- mneration shall be taken A. D. 1865.
XXVII .- The House of Representatives shall have the sole power to impeach. All impeachments shall be tried by the Senate; and when sit- ting for that purpose the Senators shall take an oath to do justice accord-
SAM S. MeGIBBONS & CO., Dealers in Boots and Shoes, Mar- ket Square, St. Joseph, Missouri. Sign of the Elephant.
19
DONIPHAN COUNTY, KANSAS.
CHARLES JAMES,
BRICK MAKER,
TROY, - -
KANSAS.
ALSO,
Brick and Stone Mason.
ing to the law and the evidence. No person shall be convicted without the concurrence of two-thirds of the Senators elected.
XXVIII .- The Governor and all other officers under this Constitu- tion shall be subject to impeachment for any misdemeanor in office, but judgment shall not be extended further than to removal from office, or disqualification to hold any office of profit, honor, or trust under this Constitution ; but the party, whether convicted or acquitted, shall be liable to indictment, trial, judgment, and punishment according to law.
ARTICLE THIRD.
JUDICIAL.
SEC. I .- The judicial power of the State shall be vested in a Supreme Court, District Courts, Probate Courts, Justices of the Peace, and such other Courts inferior to the Supreme Court as may be provided by law ; and all Courts of Record shall have a seal to be used in the authentica- tion of all process.
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