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Member elect to Council may be oontested by voter

Statement served on incumbent, when,

Subpænas.

Depositions.

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Contesting the Elections for Members of the Legislative

Assembly. Sec. 30. The election of any person, declared duly elected to a seat in the Council or House of Representatives 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. 31. The contestant shall, within thirty days after the declaration of the canvassers, serve on the incumbent a 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 hearing.

SEC. 32. The probate judge and clerk may issue subpænas in the above cases, as in those before provided; and when a witness is summoned to give his depositions before the judge or clerk, 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 depositions in the cases now contemplated, except that the cause of taking depositions does not apply.

Sec. 34. A copy of the statement and of the notice for taking berite modele depositions, with the service endorsed, and verified by affidavit, tary of Territory, 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 indorsement thereon, showing the nature of the papers, the name of the contesting parties, and the branch of the Legislative Assembly before which the contest is to be tried.

Seo. 35. The secretary [of the Territory] shall deliver the Sameito Descondering 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 special) of the Legislative Assembly next after taking the depositions, and the presiding officer shall immediately give notice to his house that such papers are in his possession.

. Sec. 36. Nothing herein contained shall be construed to abridge the right of cither branch of the Legislative Assembly to grant commissioners to take depositions, or to send for and examine any witness it may desire to hear on such trial.

Sec. 37. Contested elections of township oflicers shall be officers tried by tried before a justice of the peace of the township, in the same

Copy of papers, proceeding and testimony to be filed with secre

fecretary of TerTitory deliver

officer Legislature.

Legislative power unabridged.

Contested elections of towaship

peace.

manner as contested elections of county officers, as far as practicable.

Sec: 16. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 11, 1859.
S. MEDARY,

Governor.

1858-236

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CHAPTER LXVII.

AN ACT exempting certain Property from sale upon Execation or other

process.

land exempt.

,

$1,000,

Be it enacted by the Governor and Legislalive Assembly of

the Territory of Kansas :

SECTION 1. A homestead, consisting of any quantity of land rights acres el not exceeding eighty acres, for agricultural or horticultural purposes, and the dwelling house thereon, and its appurtenances, to be selected by the owner thereof, and not included in any incorporated town, city or village; or instead thereof, at the op- A lot end dwell. tion of the owner, a quantity of land, not exceeding, in amount, one lot, being within an incorporated town, city or village, and the dwelling house thereon, and its appurtenances, the whole not exceeding in value one thousand dollars, owned and occupied by any resident of this Territory, being the head of a family, shall not be subject to attachment, levy or sale upon execution, or any other process issuing out of any court within this Territory. This section shall be deemed and construed to exempt such home- Widow and bildstead, in the manner aforesaid, during the time it shall be occupied by the widow or minor child or children of any deceased person who was, when living, entitled to the benefit of this act.

, Sec. 2. Such exemption shall not extend to any mortgage, or Exemption not to any instrument in the nature thereof, lawfully obtained, but such with consente! mortgage or other alienation or incumbrance of such land, by the owner thereof, if a married man, shall not be valid without the signature of the wife to the same, unless such mortgage or other

ren to benefit.

wife or for por. chase Boney.

Upon lovy being inade, notice may

Appraisement

When extent is less than 2,500 sq.

instrument shall be given to gecure the payment of the purchase money, or some portion thereof.

Sec. 3. Whenever any levy shall be made upon the lands or be given to ofices tenements of a householder, whose homestead has not been select

ed and set apart, such householder, his wife, agent or attorney, may notify the officer, at the time of making such levy, of what he regards as his homestead, with a description thereof, and the

remainder alone shall be subject to sale under such levy. C SEC, 4. If the plaintiff in execution shall be dissatisfied with the

lands and tenements selected and set apart as aforesaid, the matter shall be submitted to two appraisers, one to be selected by the plaintiff and the other by the defendant, his wife, agent or attorney, who shall determine whether such lands and tenements exceed in value the sum of one thousand dollars. If the appraisers, so chosen, cannot agree, they shall appoint a third person to decide between them. If they cannot agree in the choice of a third person, he shall be named by the officer executing the writ.

Sec. 5. If the land, selected as a homestead, consists of a lot Fares and tool.de" containing twenty-five hundred square yards, or less, and the ap

praisers shall certify to the officer that such lot, together with the improvements thereon, exceeds, in value, the sum of one thousand dollars, the said officer may proceed to sell such excess, or the whole, at the option of the defendant in execution, in the man

ner provided in other cases for the sale of real property under Application of execution. In case the excess only is sold, then such proceeds

shall be applied to the satisfaction of the execution; and, in case the whole amount of the property is sold, one thousand dollars of the proceeds of such sale shall be paid to the defendant in execution, and the excess shall be applied to the satisfaction of the execution: Provided, That no bid shall be received for a less sum than one thousand dollars.

Sec. 6. In any case where the land selected and claimed as a 200 square yards homestead shall exceed in extent twenty-five hundred square yards,

if the appraisers be of opinion that such land, together with the dwelling house and its appurtenances, exceed in value the sum of one thousand dollars, they shall set apart a portion thereof, in a compact form, including the dwelling house, if possible, as the homestead ; such homestead shall be, as near as may be, of

the value of one thousand dollars, and the said appraisers shall Suponse of survey cause the same to be surveyed. The expense of such survey shall

be chargeable on the execution, and collected thereon.

exceeds $1,000 excess may be sold-how.

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proceeds of sale.

Proeoedings when

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and execeds $1,000

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costs paid by
plaincit.,

rented premises

exemption.

for

taxes,

Sec. 7. After the survey shall have been made, the officer Sale of remainder making the levy may sell the property levied upon and not in. cluded in the survey, as in cases of other sales of real estate under execution ; and, in giving a deed for the same, he may des- Deed. cribe it according to his original levy, excepting therefrom, by metes and bonds, according to the certificate of survey,

the

quantity set apart as aforesaid.

Sec. 8. Before proceeding to act, the appraisers, mentioned Appraisors sworn in this act, shall be sworn, by the officer, to do justice between the parties. Their decision shall be delivered to the officer, shall Award to the sea be returned, by him, with the execution, and shall be conclusive cution. between the parties and for the protection of the officer against all liability. If the value of the real estate or personal property, When:value doos as the case may be, do not exceed the amount made exempt by this act, the cost of the proceedings shall be paid by the plaintiff in execution, otherwise by the defendant.

Sec. 9. Any person owning and occupying any house or land occupants of not his own, and claiming said house as a homestead, shall be ea come per titled to entitled to the exemption aforesaid.

Sec. 10. Nothing in this act shall be construed as exempting Nothing e tempo any real or personal estate from taxation or sale for taxes.

Seo. 11. No property, hereinafter mentioned or represented, Personal property shall be liable to attachment, execution or sale, on any final process issued from any court in this Territory: First, The family

: bible: Second, Family pictures, school books or library and musical instruments for use of family: Third, A seat or pew in any house or place of public worship: Fourth, A lot in any burial ground: Fifth, All wearing apparel of the debtor and his family, all beds, bedsteads and bedding, kept and used by the debtor and his family, all stoves and appendages put up or kept for the use of the debtor and his family, all cooking utensils and all other household furniture, not herein enumerated, not exceeding five hundred dollars: Sixth, Three cows, ten swine, one yoke of oxen and one horse, or, in lieu of one yoke of oxen and one horse, a span of horses or mules; twenty sheep, and the wool from the same, either in the raw material or manufactured into yarn or cloth; the necessary food for all the stock mentioned in this section, for one years' support, either provided or growing, or both, as the debtor may choose ; also, one wagon, cart or dray, one sleigh, two ploughs, one drag, and other farming utenbils, including tackle for teams, not exceeding three hundred dollars in value: Seventh, The provisions for the debtor and his

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family, necessary for one year's support, either provided or growing, or both, and fuel necessary for one year: Eighth, The tools and instruments of any mechanic, minor or other person, used and kept for the purpose of carrying on his trade or business, not exceeding three hundred Jollars in value, and, in addition thereto, stock in trade, not exceeding four hundred dollars in value ; the library and implements of any professional man ; all of which articles. hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be.

Sec. 12. The provisions of this act shall not apply to any legal process issued in pursuance of judgments obtainel apon contracts entered into prior to the taking effect of this act.

Sec. 13. Nothing in this act shall be so construed as to ex. empt any property in this Territory from execution or attachment for clerk's, laborer's or mechanic's wages.

SEC. 14. All laws inconsistent with the provisions of this act are hereby repealed.

SEC. 15. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Representaiives.

C. W. BABCOCK,

President of the Council.
Approved February 7, 1859.
S. MEDARY,

Governor.

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CHAPTER LXVIII.

AN ACT Regulating the Fees of Officers, Jurors and Witnesses.

No other fees allowed then an

Be il cnacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. The officers and persons herein mentioned shall be bercin provided. entitled to receive, for their services, the fees herein allowed, and no others, except otherwise provided by law.

Clerk's Fees. SEC. 2. Filing every paper required to be filed, ten cents ; entering cause, fifteen cents ; issuing summons, fifty cents ; is

Clerk' feas,

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