C. 135. L. 89. § 9: set forth in such notice, and also the time and place of the taking thereof.

Feb 28.

Contests: procedure in.

Id. § 10.

Votes, if illegal, may be rejected; how.

§ 1721. The contestees, at the time and place of the taking of such proofs, may select another justice of the peace or notary public to assist in the taking of such proof as he desires, but a failure to do so shall not affect the right of contestant to proceed with his testimony under his notice.

§ 1722. To reject any illegal votes that may be polled at any election in this territory, it shall not be necessary to contest or question them at the polls, but they may be rejected by the authorities, authorized by law to determine the validity of said elections, on being proved after due notice is given by the party contesting said election to the opposing party; said notice in any county election shall not be less than eight days. C. L. 1865, C. 63. § and shall in all cases be within thirty days thereafter.

55: July 20, 1851. Tr..

Contest: proced

ure in.

Id. § 56.

Contest: procedure in: depositions; how taken.

§ 1723. If the person whose seat is contested in either branch of the assembly, intends to question the illegality of any votes given to the contesting condidates, he shall within eight days after said contest, give equal notice to the opposite party in the manner prescribed in section one thousand seven hundred and twenty.

§ 1724. If the justice or justices of the peace, notary or notaries appointed, or any of them, should fail, on account of sickness or other just cause, to be present at the taking of the testimony in such contest, another justice of the peace or justices, notary or notaries, may be chosen by the contestant parties, and the taking of such testimony shall commence within thirty days after the election, and the said justice or justices of the peace, or notary or notaries, shall issue subpoenas to all persons required by either party to appear and testify. Said justice or justices of the peace, notary or noCertificate of tes- taries, shall bear all the testimony and certify the same to the president of the council, if the seat contested shall be that of a councilman, and to the speaker of the house of representatives, if it be that of a representative, on or before the first day of the session of the legislative assembly.

timony.

C 135, L. 89, § 11: Feb. 28.

Notice to Cover testimony taken

60: July 20, 1851.

1725. No testimony shall be received by the justices, or either branch of the territorial legislature, from either the C. L. 1865, C. 63. § contesting or opposing parties, unless it refers to the points specified in the notice. The justices of the peace shall forward to the general assembly a certificate, together with the depositions taken by them, and no others, and the legislative assembly shall not receive any other testimony than that already specified.

Id. $60.

Contest to be commenced: where.

Service: how

made.

COUNTY OFFICERS.

§ 1726. All contests for the offices of the officers of the different counties in this territory, shall be commenced in the district court, for the county in which the contest is made; and the notice of contest shall be filed within thirty days after the day on which the county commissioners count the votes of the election from which the contest arises: and the service on the contested shall be made by a copy of said notice of contest, served in the same manner and at the same time, before the first day of the court, as now provided by

law for the service of process in civil suits in the district

court.

L. 1874, chap. 29. § 1: Dec. 23. 183. Tr.

Continuance: delivery of office. in

§ 1727. If the contestant, or the contested, apply to the court to continue the cause of contest for another term, the case of. office in question shall be delivered to the adverse party, as entitled to it, and the costs of said contest shall be paid by the losing party.

Id. § 4.

Jurisdiction: how acquired.

§ 1728. In all cases of contested elections, triable in the district court, the notice of contest, when filed and served as now provided by law, shall be taken and considered as the only petition and process necessary for the court to acquire 1; Jan. 14. jurisdiction.

§ 1729. The respondent shall file his answer to the notice of contest, and serve a copy thereof on the contestant within twenty days from and after the service of such notice of contest upon him, exclusive of the day of such service; and any material fact alleged in the notice of contest, not specifically denied by the answer, within the time aforesaid, shall be taken and considered as true.

$1730. The respondent may allege in his answer any new matter, material to the issue, showing that the contestant is not legally entitled to the office in controversy; and if he claims that illegal votes have been cast or counted for the contestant, he must specify in his answer the name of each person whose vote was so illegally cast, or counted, the precinct where he voted, and the facts showing such illegality.

L. 1876, chap. 26. §

Answering and

service.

Id. § 2.

Answer lege: what.

16. § 3.

may al

Reply of contest

$1731. The contestant shall file his reply to any new mat-anting and setter set up in the answer, and serve copy thereof on the re- vice. spondent, within twenty days from and after the service of the answer, exclusive of the day of such service; and any new matter in the answer material to the issue, not specifically denied by such reply, within the time aforesaid, shall be taken and considered as true.

§ 1732. A copy of the notice of contest, answer and reply, shall be served respectively in the same manner as process is now by law required to be served, in an action at law.

Id. § 4.

Notices; how

served.

Id. § 5.

Trial and ment.

judg

Proviso.

Jury; how summoned.

§ 1733. All issues of law and of fact, in any such case of contested election, shall be tried before the district judge, at such time and place, within the judicial district in which the case arose, as shall be designated by his order; and judgment rendered by him, either in vacation or in term, as shall be most convenient and in furtherance of a speedy trial, and determination of the case: Provided, That any issue of fact raised by the pleadings may in the discretion of the judge, be submitted with the evidence to a jury, whose duty it shall be to find a special verdict thereon: such jury in case of a trial in vacation, shall be selected and summoned from the body of the county, in which said case shall be tried, in the same manner as a jury is now by law required to be selected and summoned at a general term of court, when there has been a failure to select and summon a jury previous to such term. And said jury shall receive the same compensation as is now pre- tion scribed by law for juries in the district court, to be taxed as costs in the case: and said jury so selected shall consist of twelve persons only.

to be

Jury: compensa

Id. § 6.

§ 1734. All testimony in any such case of contested election, shall be reduced to writing, and reported to the judge within such time as shall be designated by his order; which time shall be within three months from and after the service of the last pleading in the case; such testimony shall be taken upon reasonable notice to the respective parties, by the officer taking the same, and the same shall be taken in the same manner as testimony is now required by law to be taken in suits in equity.

§ 1735. Upon the trial of any such case of contested election, judgment shall be rendered in favor of the party for whom a majority of the legal votes shall be proved to have been cast at the election, to the effect that he is entitled to the office in controversy and for his costs. And he shall be thereupon entitled to, and hold such office, with all the privileges, powers, and emoluments belonging thereto.

§ 1736. Either party feeling himself aggrieved by any judgment rendered under the provisions of this act, may take an appeal therefrom to the supreme court, in the same manner that appeals are now taken from decrees in equity. But no such appeal shall operate as a stay of the execution of the judgment, except as to costs.

Schedule of prop- § 1737. Every person who has a family and every widow, may hold the following property exempt from execution, at

erty exempt from execution.

tachment or sale, for any debt, damage, fine or amercement, to-wit:

First. The wearing apparel of such person or family; the beds, bedsteads and bedding necessary for the use of the same; one cooking stove and pipe: one stove and pipe used for warming the dwelling, and fuel sufficient for the period of sixty days, actually provided and designed for the use of such person or family.

Second. One cow, or if the debtor owns no cow, household furniture to be selected by him or her, not exceeding forty dollars in value; two swine, or the pork therefrom, or if the debtor owns no swine, household furniture to be selected by him or her not exceeding fifteen dollars in value; six sheep, the wool shorn from them, and the cloth or other articles manufactured therefrom, or in lieu thereof, household furniture to be selected by the debtor, not exceeding twenty dollars in value; and sufficient food for such animals for the period of sixty days.

Third. The bibles, hymn books, psalm books, testaments, school and miscellaneous books used in the family, and all family pictures.

Fourth. Provisions actually provided and designed for the use of such person or family, not exceeding fifty dollars in value, to be selected by the debtor, his wife, agent or some member of the family, and other articles of household and kitchen furniture, or either, necessary for such person or family, to be selected as aforesaid, not exceeding two hundred dollars in value.

Fifth. One sewing machine, one knitting machine, one gun or pistol, and the tools and implements of the debtor necessary for carrying on his trade or business, whether mechanical or agricultural, to be selected by him or her, not exceeding one hundred and fifty dollars in value.

Sixth. The personal earnings of the debtor for sixty days next preceding his application for such exemption, when it is made to appear by the affidavit of the debtor, or otherwise, that such earnings are necessary to the support of such debtor, or his wife or his family: Provided, That such exemption shall not apply to debts incurred for manual labor, or for the necessaries of life furnished the debtor or his family.

Seven. All articles, specimens, and cabinets of natural history or science, whether animal, vegetable or mineral, except such as may be intended for show or exhibition for money or pecuniary gain.

$ 1738. Every person who is engaged in the business of draying or carrying property from place to place with one horse and wagon, for a livelihood shall, in addition to the exemptions specified in the preceding section, hold one horse, harness [and] dray or wagon, exempt from execution. Every head of a family who is engaged in the business of agriculture shall in addition to the exemptions provided for in the preceding section, hold exempt from execution or attachment, two horses or one yoke of cattle with the necessary gearing for the same, and one wagon; and every head of a family who is engaged in

C. 37. L. 97, § 1: Feb. 24.

Amended by C.71. L. 97. § 1.

Person carrying or business.

Feb. 24.

C. 37. L. 97. § 2: the practice of medicine shall, in addition to the exemptions specified in said section, hold one horse, one saddle and bridle, and also books, medicines and instruments pertaining to his profession, not exceeding one hundred dollars in value, exempt from execution.

Unmarried wo

§ 1739. Every unmarried woman may hold the following property exempt from execution, attachment or sale, to satisfy any judgment or order, to-wit:

First. Wearing apparel to be selected by her, not exceeding in value one hundred and fifty dollars.

Second. One sewing machine.

Third. One knitting machine.

Fourth. If engaged in teaching music, one piano or organ. Fifth. A bible, hymn book, psalm book, album and any other books not exceeding in value fifty dollars.

§ 1740. Any person being the head of a family engaged in the practice of law shall, in addition to the exemption in this act enumerated, be entitled to hold exempt from levy or sale, books pertaining to his profession, not exceeding in value five hundred dollars.

§ 1741. Any beneficiary fund not exceeding five thousand dollars, set apart, appropriated, or paid. by any benevolent association or society, according to its rules, regulations, or by-laws, to the family of any deceased member, or to any member of such family, shall not be liable to be taken by any process or proceedings, legal or equitable, to pay any debts of such deceased member.

S 1742. The regalia, insignia of office, journals of proceedings, account books, and the private work, belonging to any benevolent society in this territory, shall be exempt from seizure or sale to satisfy any judgment or decree hereafter rendered against such society.

§ 1743. All property used, or kept to be used, by any mu nicipal corporation or fire company, for the purpose of extin guishing fire, shall be exempt from execution and sale to satisfy any judgment or order arising upon contract or otherwise, but the owner thereof may create valid liens thereon by bill of sale or mortgage.

§ 1744. This act shall be so construed as to apply to all species of indebtedness, against exempted property, except taxes, and no property shall be exempted from the payment of taxes lawfully assessed against it.

§ 1745. In all cases where it is necessary to ascertain the amount or value of personal property exempt under this act, it shall be estimated and appraised by two disinterested householders of the county, to be selected by the officer holding the execution or attachment, and by him sworn to impar tially make such appraisement.

§ 1746. The provisions contained in this act, with respect to exemptions, shall apply to all the courts in this territory, including justices of the peace.

§ 1747. Husband and wife, widow or widower, living with an unmarried daughter or unmarried minor son, may hold exempt from sale, or judgment, or order, a family homestead, not exceeding one thousand dollars in value, and the husband,