CHAPTER CXXVI. CONTEST OF COUNTY SEAT AND OTHER ELEC- AN ACT to amend section seven, of chapter seventy-nine of Laws of 1871, relative to contest of county seats and other elections. Be it enacted by the Legislature of the State of Kansas: elections. SECTION 1. That section seven, of chapter seventynine, be amended so as to read as follows: Section 7. Validity of In any action or proceeding commenced in accordance with the provisions of this act, the validity of the election upon which the relator bases his right to a writ of mandamus to compel the performance of a supposed Mandamus. official duty, or the plaintiff his right to enjoin or restrain the defendant or defendants from doing or committing the act threatened, proposed or apprehended, shall be tried and determined; and the validity of any vote or votes, cast or counted, or offered and refused, at such election, which vote or votes shall be designated in the petition or answer, shall also be determined; and every illegal vote so cast or counted shall be rejected by the court, and every legal vote so offered and refused, shall be counted by the court: Provided, however, That in no Proviso. case shall the validity of any election be inquired into beyond the one last had, and upon which the proceeding is based: And provided further, That all appeals from the judgment of the court upon proceedings instituted under this act, shall be taken within sixty days from the date of its rendition. SEC. 2. That section seven, to which this act is amendatory, is hereby repealed. SEC. 3. This act shall be in force from and after its publication in the statute book. Approved March 1, 1872. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office. W. H. SMALLWOOD, Secretary of State. Deed. lar or invalid. CHAPTER CXXVII. DEEDS OF REAL ESTATE MADE VALID. AN ACT concerning deeds of real estate by executors and administrators. Be it enacted by the Legislature of the State of Kansas: SECTION 1. That deeds of real estate, made by executors or administrators, before the General Statutes of 1868 took effect, and which conform to said General Statutes, or which would be sufficient in form if the same had been executed in proceedings commenced after such Held not irregu- statutes took effect, shall not be held irregular or invalid because of the omission of any recitals required by previous law; and notwithstanding such omissions, such deeds shall be held prima facie evidence of the regularity of the proceedings of such administrator or executor and of the probate court, and prima facie evidence that the right, title and interest of the deceased in and to such land has been vested in the purchaser, under such deeds, in the same manner as if no such omission had been made. SEC. 2. This act shall take effect and be in force from and after its publication in the statute book. Approved March 1, 1872. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office. W. II. SMALLWOOD, CHAPTER CXXVIII. APPEAL TAKEN-DUTY OF PROBATE JUDGE. AN ACT to amend an act entitled "an act respecting executors and administrators and the settlement of the estates of deceased persons," approved February 28, 1868. Be it enacted by the Legislature of the State of Kansas: SECTION 1. Section one hundred and ninety-three of the act to which this act is amendatory, is amended so as to read as follows: Section 193. Where such an appeal is taken, the judge of the probate court shall transmit to the clerk of the district court a full and complete certified transcript of all the records and proceedings pertaining to the matter in which the appeal is so taken. SEC. 2. Original section one hundred and ninetythree of the act to which this is amendatory, is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its publication in the statute book. Approved March 1, 1872. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office. CHAPTER CXXIX. FIRES BUILT-WHEN AND WHERE, AND NOT EXTINGUISHED-PUNISHMENT FOR. AN ACT in relation to fires. Be it enacted by the Legislature of the State of Kansas: SECTION 1. Any person or persons who shall, between the first day of August and the fifteenth day of the following May, build or kindle or engage in building or kindling any fire upon lands not his or their own, or upon land not occupied by him or them as a tenant or tenants, and leave the same unextinguished, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding fifty dollars, nor less than two dollars, or be imprisoned in the county jail for a period not more than one month, nor less than ten days, or by both such fine and imprisonment. SEC. 2. This act shall be in force from and after its publication in the statute book. Approved February 17, 1872. I hereby certify that the foregoing is a true and correct copy of the original enrolled bill now on file in my office. W. H. SMALLWOOD, Secretary of State. CHAPTER CXXX. FIRE DEPARTMENT CREATED. AN ACT to create a fire department for the prevention of the spread of prairie fires in certain counties herein named. Be it enacted by the Legislature of the State of Kansas : overseers. SECTION 1. It shall be the duty of each and every road overseer of the counties of Marshall, Washington, Duty of road Republic, Jewell, Cloud, Reno, Rice, Woodson, Morris, Counties. Mitchell, Saline, Pottawatomie, Sumner, Osborne and Allen, within his road district, between the fifteenth day of September and the fifteenth day of October of each year hereafter, to cause to be plowed along both sides of every laid out and traveled road, and which is not fenced, or along which a hedge row has not been set out, a strip of breaking at least three furrows in width, and the distance between the strips to be not less than three rods, and to cause the grass to be carefully burnt along such roads between such strips of breaking. SEC. 2. The road overseer of each road district shall give three days' notice to persons residing in his district, Shall give notice. subject to perform road work, of the time and place he will attend and direct the work to be performed as aforesaid, and may direct what implements such person or persons shall bring. SEC. 3. It shall be the duty of every person so notified, notified. to perform two days' work, if so required by the road Duty of persons overseer, exclusive of the road work now required of him, and in case of the refusal or neglect to perform said labor, shall be subject to the provisions of section twenty of chapter eighty-nine, General Statutes. SEC. 4. It shall be the duty of the road overseer to receipt to each person who performs the labor required Receipt given. of him aforesaid, and in case of the failure of said over |