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

perry ana transcript, nled and
recorded in the Office Of the district
court, as provided in relation to
transcripts from justices of the
peace, shall have the same effect as
there provided, and execution may
issue thereon, against real or per-
sonal estates.
Sec. %. The probate judge shall
have authority to carry into effect
any order Of the court, after the ad-
journment thereof, by attachment or
otherwise.
Sec. 90. If notice Of contesting
the election Of an officer isfiled be-
fore the certificate of election is deli
vered to him, it shall be withheld
until the determination Of the con-
test.
COntesting the Elections for Men,
bers the LegisLatiUe.assenably
SEQ. 80. The election of any per-
son, declared duly elected to seat in
the Council or House Of Representa-
tives of the Legislative Assembly,
may be contested by any qualified
voter of the county or district, to be
Represented by such Councilman or
Representative.
Sec. 81. The contestant shall,
within thirty days after the declara-
tion Of the canvassers, serve ON the
incumbent statement, as required
in relation to county officers, except
the list Of illegal voters which shall
be served with the notice of taking
depositions relative to them, and if
no such depositions are taken, then
twenty days before the day of hear
ing.
SEQ. 80. The probate judge and
clerk may issue subpenas in the
above cases, as in those before pro-
vided and when a witness is sum-
moned to give his depositions before
the judge or Fclerk, the judge shall
have power to compel his attendance.
Sec. 33. The previous provisions
of this Chapter shall be applicable
to and govern similar cases in taking
dispositions in the cases now con-
templated, except that the cause of
taking depositions does not apply.
Sec. "a. A copy Of the statement
and of the notice for taking deposi-
tions, with the service. indorsed, and
verified by affidavit, if not served by
an officer, shall be returned to the
officer taking the depositions, and
then,' with the depositions, shall be
sealed up and transmitted by mail
or otherwise, to the secretary of the
Territory, with an Endorsement there
on, showing the nature Of the pa
pers, the name of the conteshng
parties, and the branch of the Legis-
lative Assembly before which the
contest is to be tried.
Sec. 35. The secretary of the
Territory shall deliver the same,
unopened, to the presiding officer Of
the House in which the contest is
to be tried, on or before the second
day Of the session regular or spe-
cial] of the Legislative Assembly
next after taking the depositions,
and the presiding officer shall imme-
diately give notice to his House that
uch papers are in his possession.
Sec. SO. Nothing herein con-
tanned shall he construed to abridgt
the right Of either branch Of the Leg
islative Assembly to grant commits
sioners to take dispositions, or tt
send for and examine any witness il
may desire to hear on such trial.
SEQ. 81. Contested elections oi
township officers shall be tried before
a Justice of the peace of the town.
ship, in the same manner as con
tested elections of county officers
as far as practicable. This Act tt
take effect and be in force from anC
after the first day of June next.
Approved February IL, 1859.
S. MEDARY,
Governor.