The Kansas herald of freedom., 1855-09-15

Il act, and. The Justice so selected shall pro-
ceed to take the deposifions OF such Wit
nesses as may be brought before him to
be examined :, Provided, however, that
either party may without notice take re-
butting testimony before the Justice, at
the time and place specified lor the taking
OF depossions.
SEC q. If from sickness or other
cause the Justice selected by either party
shall fail to attend at the time and plaee
specified for taking depositions, such par
ty shall without delay select some other
Justice to supply such vacancy.
SEC. 28 The notice above required
shall be served at least three days before
the day appointed for taking depositions
with an additional day for every twenty
FIVE miles that the person so notified shall
have to trayelfrom his residence in reach
ing the place of taking ofsaid depositions
and taking of the depositions by the con-
testor shall be commenced within fifty
days after the election, and the Justice
shall issue subpoena to allpersons requir-
ed by either party commanding them to
appear and give testimoney to the time
and place therein mentioned. The JUS
tice shall receirea and record all testimony
offered by either party, and shall certify
the same to the President of the Council
and to the Speaker of the House of Rep
resentatiyes, if the contest be for seat
in the House of representatives.
SEC 29. When the election of any
Judge of any Probate Court shall be
contested It shall be tried before the
District Court OF the District In which
sucn election was held. Such contest
shall be tried at the first term of such
Court following the election, ifsuch term
be not held within forty days after such
election. If held within forty days after
such election, the same shall be tried at
the second term.
SEC. 80. The party contesting, within
twenty days after the election. give to
the opposite party, notice in writing speci-
flying the grounds of the contest, and if
any objections be made to any votes. the
name of the voter with the objections
shall be related.
SEC. 81. When the election of any
Sheriff, County Commissioner or Clerk
ofany Probate Court is contested, it shall
be tried before the Probate Court; all
other elections of elective officers shall be
tried before the County Commissioners
of the proper county. In all such con
tests, the person contesting the election
shall give to the opposite party, fifteen.
days before the term of the Court At
which such election viii be contested,
notice in writing, specifying the grounds
on which he intends to rely, and If any
objec.ion be made to the legality of any
votes, the names of the voters with the
objection shall be stated in the notice.
The parties shall respectively be entitled
Ito process for witnesses.
| SEC. 80. Either party may, on giving
notice to the other, take depositions 70
be read in evidence on the trial. Such
notice shall be in writing, and served on
the parties at least three days, and one
day for every thirty miles distance the
party served shall have to travel to the
place of taking deposiiions.
SEC 80. The Court of County Com
missioners, as the case may be, shall at
its first session, if such session shall be
held within twenty days after the cleo
ton, and if less than twenty days, then
at It's second session, in summary man.
ner determine the same according to law
and evidence.
. SEC. 81. Every person who shall
swear or affirm wilifully, corruptly and
faleely in any affidavit, oath or afirma-
ton, taken before any person authorized
by this act to take or administer the
same, shall be deemed guilty of purjury
and punished as provided by law for the
lowest degree of pdrury.
Sec 80. When any courty is by law
attached to another county for civil and
military purposes, the county soattached
shall not be deemed an election district
but the County Commissioners of the
county to which such county is attached
shall have power, ifi be deemed neces-
sary, to establish an election district ir
/ the county so attached An election
+ shall be held in such district as herein
provided for other election districts i
SEC. sc. All voting shall be by baliol
l until the first day of November, ,a1856
and from and after that time the pting
shall be viva voce.
Approved Aug 90, 1856.