The Kansas herald of freedom., 1857-09-19

and the taking of the depositions by the
contestor shall be commenced within fifty
days after the election, and the Justice
shall issue subpenas to all persons re-
quired by either party, commanding them
to appear and give testimony at the time
and place therein mentioned. The JUS
tiee shall receive and record all testimony
offered by either party, and shall certify
the same to the President of the Council,
if the contest be for seat in theCouncll,
and to the Speaker of the House of Repre-
sentatives, if the contest be for seat IN
the House of Representatives.
SEC. 90. When the election of any
judge of any probate court shall be con-
tested. it shall be tried before the district
court of the district in which such cleo
ton was held. Such contest shall be
tried at the first term of such court fol-
lowing the election, if such term be not
held within forty days after such elec-
ton, then the same shall be tried at the
second term.
SEC. 80. The party oontesting shall,
within twenty days after the election,
give to the opposite party notice IN writ
ing, specifying the grounds of the con-
test; and If any objections be made to any
votes, the names of the voters with the
objection shall be related.
SEC. 81. When the election of any
sheriff, county commissioner or clerk of
any 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 contests, the
persons contesting the election shall give
to the opposite party fifteen days before
the term of the court at which such cleo
ton will be contested, notice in writing,
specifying the grounds on which he in
tends to rely; and if any objection be
made to the legality of any votes, the
names of the voters with the objection
shall be stated in the notice. The par
ties shall respectively be entitled to pro-
cess for witness.
SEC. 50. Either party may, on giving
notice to the other, take dispositions to be
read in evidence on the trial; such no.
tice 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 depositions.
SEC. 33. The court or county commits
sioners, as the case may be, shall, at Its
first session, if such session shall be held
within twenty days after the election, and
if less than twenty days, then at its sec
Ond session, in summary manner deter
mine the same according to law and evi-
dence.
SEC. 81. Every person who shall swear
or affirm wilfully, corruptly and falsely
in any affidavit, oath or affirmation, taken
before any person authorized by this act
to take or administer the same, shall be
deemed guilty of perjury, and punished
as provided by law for the lowest degree
of perjury.
SEC. 80. When any county by law is
attached to another county for civil and
military purposes, the county so attached
shall not be deemed an election district;
but the county commissioners of the
county to which such county is attached
shall have power, if it be deemed neces-
sary, to establish an election district in
the county so attached. An election
shall be held at such district as herein
provided for other election districts.
Sec. SO. All voting shall be by ballot
until the first day of November, 1856
and from and after that time the voting
shall be uiga roce
This act to take effect and be in force
from and after its passaGe.