The Kansas herald of freedom., 1859-03-05

a brief statement Of the causes of
the contest and the day set for trial.
Sec. II. The notice shall be
served on the incumbent within five
days, and on the two nominated
judges within fifteen days from the
day it is issued.
Sec. 13. The testimony may be
oral or by dispositions, and deposi-
tions may be taken on four days
notice, in the same manner and for
the causes, as in an action in the
district court.
Sec. IA. The probate judge and
clerk, as well when interested as
otherwise, may issue subpenas for
witnesses, under the county seal.
Sec. Is. The trial shall proceed
at the time appointed, unless post
poned for good cause shown by affi-
davit, the terms of which postpone
ment are in the discretion Of the
court.
SEC. 16. The proceedings shall be
under the control and direction of the
court, but shall be assimilated to the
proceedings in an action as far as
practicable.
Sec. II. The statement shall not
be dismissed for want Of form, if
the particular causes of contest are
alleged with such certainty as will
sufficiently advise the incumbent of
the real ground Of contest. If any
part of the causes are held INSULT
cient, they may be amended, but the
incumbent will be entitled to an ad-
journment, if he state on oath that
he has matter Of answer to the
amended causes, for the preparation
Of which he needs further time.
Such adjournment shall be upon such
terms as the court deems reasonable,
but if all the causes are held INSULT
cient and an amendment is asked,
the adjournment shall be granted on
motion and at the cost Of the contes-
tant.
Sec. 18. The style and form Of
process, the officers by whom served,
and manner Of service of process,
and papers, and the fees of officers
and witnesses, shall be the same as
in the district court, so far as the
nature Of the case permits. The
command to a witness may be, to
appear at --, on -, to
testify in relation to contested cleo
tion, wherein A B is contestant and
G d is incumbent.
Sec. 10. The trial of contested
county elections shall take place at
the county seat, unless adjourned to
some other place within the county,
by the concurrence of the court and
the parties, which may be done be-
fore the commencement of the trial.
SEC. 20. This court shall have all
the powers incident to the district
court, which may be necessary to
the right hearing, conduct and de-
termination of the matter, to compel
the attendance of witnesses, to swear
them and direct their examination, to
punish for contempt in its presence,
to adjourn from day to day, and to
make any order concerning interme-
diate costs, and enforce it by attach
ment.
Sec. 81. The court, or the pro-
bate Judge, may direct the attendance
of the sheriff, or a constable, when
deemed necessary.
SEC. %. 1t shall be lawful to re-
quire any person called as a wit
ness, who voted at such election, to
answer touching his qualifications as
a voter; and if he was not a quail
fed voter in thetownship or ward
where he voted, then to require him
to answer for whom he voted; anC
if the witness answers such ques-
tions, no part Of his testimony OIL
that trial shall be used against him
in any criminal action.
Sec. %. The courts shall be gov.
erned, in the trial and determine.
tion Of contested elections, by thu
usual rules Of law and evidence, Sc
far as applicable, except as hereiI
otherwise expressed, and may dis
miss the proceedings, if all th'
causes of contest are insufficient ant
not amended, or for want of prosecu
ton.
SEC. "a. The court shall pro
nounce judgment, whether the in
cumbent or any other person wa
duly elected, and the person so de
clared elected will be entitled to hi
, certificate upon qualification. If tn
Judgment be against the incumbent
and he has already received the Ger
ti6cate, the judgment annuls it. l
the court find that no person was dul,
elected, the judgment shall be tina
, the election be set aside.
} SEQ. 25. The nominated Judge
t shall be entitled to receive two dol
: lars a day for the time occupied b.
the trial.
/ SEC. 26. The contestant and tn
incumbent are liable to the officer
and witnesses for the costs made b
t them respectively; but if the elec
, ton be confirmed, or the statemen
r be dismissed, or the prosecution fail
Judgment shall be rendered agains
) the contestant for costs, and if th
3 judgment be against the incumbent
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