Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-08-26
Whole Number 81.


Ieral assembly, save' only that the testimony Ia.
ken as aforesaid. and all matters relative to such
contest, shall be sent to the court Of common
pleas OF the proper county, on or before the sec
Ond day Of the term neat ensuing the thirty
days allowed, in which to take deposltions, 5y
the preceding sections; and the said court OF
comuson pleas at their said first term after
thirty days shall have expired shall hear and de.
ternine the contest.
Sec. 43. That anv candidate or elector being
DESTROYS Of eOntesting the election Of any per-
son declared elected governor, lieutenant gov
ernor, secretary Of state, auditor Of state treas
urer Of state, attorney general, judge Of the SUI
preme cnurt. member Of the board nf public
works, judge Of the court Of common pleas, OF
Judge of the criminal court Jf any county, shall,
between the sixth and tenth days alter the
commencement Of the first general assembly
after the day Of election. 6le a notice Of such
intention, with the clerk Of the senate, speei-
Tying the particular points on which Ne mems
to rely; Provided, that no person shall contest
the election Of comn0n pleas Judge, unless he
be an elecior Of the proper Judicial district.
Sec. Al. That upon any such notice being.
filed as aforesaid the senate shall, by resolu-.
tion, determine on what day OF days they will
meet in their chamber, in order to bear and
determine any such contest; and tn reupon,
certified copy Of the notice filed BY any contest
or, shall be served upon the olnser whOsS cleo
tion is sought to be contested, or by leaving a
copy thereof at his last or usual place Of resi-
denee, by such persoa as shall by resolution be
sppoin ted, with 4 notice when he is required to
attend in the senate chamber TO answer the
cUntest.
See. 45. That on the trial Of any contested
election for any of the Offices in the forty-third
section Of this act named. the parties OF such
contest may Introduce either written or oral
testimony; but no depositIons shall be read on
such trial, unless the opposite party shall have
bad reasonable notice Of the time and place Of
taking the same
Sec. 46. That in conducting any contested
election for the Offices in the forty third section
Of this act named. the following rules shall be
observed, to-wit: lst. On the day and at the
hour appointed for that purpose, the senate,
with its proper officers, at their usual place Of
meeting. "a. When the president Of the
senate is not the acting governor. he shall pre-
side; but when he is THE acting governor or
confession, the senate shall elect president pro
TEN. 3d. The parties to the contest shall
then be called by the clerk Of the senate, and
if they answer, their appearance shall be reeoE-
ded. 4ih. The confession shall FIRST introduce
his testimony, and then the officer elect shall
| introduce his; and after the testimony Is gone
/ through on both sides, the eontestOr may, by
himself or his counsel, open the contest; and
the officer elect may then proceed by himself or
counsel to make his defence, and the contestor
be heard in reply. 5ih. After the arguments
are thus gone through, by the parties, any
member Of the senate shall be at liberty to Of
fer his reasons for the vote be intends to give
7th. 18th The clerk Of the senate shall keep
a regular journal Of The proceedings. 9th.-
n.
shall be by an alphabetical call Of the members; /;
and majority Of all the votes given, shall de-
eide; the president Of the senate, when acting
rs governor. the person holding the seat, or con-
testor, not being permitted to vote, either upon
the final decision, or upon any preliminary
question that has any reference thereto.
/ Sec. AZ. That the judge who carries the poll
book 10 the clerk Of the court Of common pleas
Of the proper county, shall be entitled TO receive
for the same, ten cents per mile, from the place
ofelectioh to the seat Of Justice, TO be paid out
Of the county treasury.
/ Sec. Is. That il any officer charged with any
duties under this act, shall refuse or neglect to
perform The duties required OF him by this act,
according 70 the true interest Intent and
meaning thereof, he shall on conviction ihere-
Of, before any court having cognizance to that
amount, be fined, in any sum, at the disere-
tion Of the court, not exceeding two hundred
dollars.
Sec. 40. That all fnes and penalties imposed
by this act. and not therein otherwise provided
for shall be recovered. with costs Of suit, in an
action Of debt, for the use Of the county.
( Sec. 50. That in all cases where the returns
/ from different counties. composing congressi0n-
al districts. shall not have been made, or may
not be made within the time required by law,
or after the certificate Of election shall have
been forwarded to the person having without
those returns. the highest number Of votes the
Secretary of State. in the presence Of tile Gov
ernOr, or, in his absence. in the presence O. the
Auditor and Treasurer Of State, when said re.
turns shall be made. shall open the same, and
the Governor shall certify the same to the
Speaker Of the House Of fRepresen tatives Of the
United States. ~
Sec. 81. That the sherifs Of the different
counties shall each receive for their services,
perform under this act, the following fees, to-
wif. For advertising the election, thu sum Of
| fifty cents for each town ship within his eoun-
fy; for delivering the abstracts Of votes to the
Secretary Of State. at his Office, the sum OF
three dollars for every twenty-five miles travel-
ed to and from their respective seats of justice,
on the nearest usual route to the seat Of gov
eTnment; which fees shall be allowed bs the Au-
ditor, on the certificate Of the Secretary Of
Sec. 81 That every such clerk Of the court,
or probate Judge. (as the case may be- shall re-
eeive for his services performed under this act,
the following fees. to-wit: For making out alb
stracis for every hundred words, ten cents; Tor
each Certificate with The sealof the court, at
taebed 10 abstract, fifty cents which fees shall
I be allowed by the county Auditor. on the cer-
tifcate Of such clerk or probate judge, (as the
case may be- ard paid by the county treasurer.
/ Sec. 50. That IT sha be lawfulfor the judges
OF sny election which may be held under this
act. when, in the opinion Of said judges, 1t IS
Impracficable 10 count out and certify all the
votes which have been given on the first day. to
place the box. continuing the ballots, well Sc
cured by a lock- and carefully sealed up, under
the charge Of one Of said. judges, and to post
pone further counting thereof until the next
day, when the counting shall be resumed, and
continued until completed. when the same shall
/ be certified in the manner provided for in this
act.
See "a. That the s,act 70 regulate elections,S
PISSED the eighteenth day Of February. one
| thousand eight hundred and thirty-one. and the
act amendatory Of the act entitled 'an act to
regulate elections, - passed on the thirteenth
day Of March, one thousand eight hundred and
thiriy-seven, and ''au act prescribing the man
ner of eontesting the elections for Governor
passe1 December twenty-third. one thousand
eight hundred and seven. be and the same ara
hereby repealed; Provided, that said repeal shall
not in way OF manner affect any right which
may have accrued under any Of said acts
.-r JAMES C. JOHNSON,
Speaker Of The House Of Representatives..
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