Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-07-28

Sec. AZ. That the method TO be puf-
sued in contes.ing the election ol any per-
son declared dolly elected probate Judge,
clerk OF the court Of common pleas. sheriff.
coroner. county auditor. county commits
sionefs, county treasurer, county recorder,
county surveyor. er prosecuting attorney,
shall be at the instsnce OF candidate or
elec,or Of the proper county, and shall IN
every respect be similar to The method di-
recied as aforesaid, TO be pursued in conies.
ting the election of senators and represen.
ta,ives to the General Assembly, save only
that the testimony taken as aforssaied. and
all matters relative 10 such contest. skall
be sent 10 the court Of common pleas OF
the proper county, on or before the second
day Of the term next ensuing the thirty days
lowed. in which to lake depositions,, by
the preceding sections; and the said codr, OF
common pleas at their said first term after
thirty days shall have expired, shall hsar
and determine the contest.
SEC. 43. Tha, any candidate or elec.
tor being desirous Of con'esting The election
of any person declared elected governor,
lieu,enala governor, secretary Of stn,e. au.
dilor Of Slate, treasurer of state, attorney
general. judge Of the supreme court. MEM
Of the board of public works, judge Of the
court OF common pleas. or judge Of the
criminal court Of any county, shall between
the sixth and tenth days after the COM
mencemen, of the first general assembly
after the day OF election. file notice of
such intention. with the clerk ofihe senate,
specifying the particular points on which
he means to rely; Provided. that no per-
son shall contest the election Of common
pleas Judge, unless he be all c!ector Of the
proper Judicial district -. .
SEC. A. That upon any such notice
being filed as aforesaid. the senate shall.
by resolution. determine on what day or
days they will meet in their chamber, in,
order 10 hear and determine any such con-.
test; and,hereupon. a certified copy Of The
notice filed by any coItestor. shall be served
upon the officer whose election IS sought
10 be contested, or by leaving ascopy there.H
OF at his last or usual place Of residence,
by such person as shall by resolution be up.
pointed, with notice when he 10 required
10 attend in the senate chamber 10 answer
the contest. -
SEC as. That on the trial Of any con.
tested election for any Of the offices in the
foriy.third section Of this act named. the
parties Of such contest may introduce eth.
er written or ornl testimony but no depo-.
sl,lons shall he read on such trial, unless the
opposite party shall have had reasonable
notice Of the time and place Of taking the
same.
SEC. 46. That in conducting any con.
tested election for the Offices in the forty.
third section Of this act named, the follow
ICE rules shall be observed. to.wit: lst.-
On The day and at the hour appointed for
TINT purp5se. the senate, with lis proper Of
fcers, at their usual place Of meeting -
ID. When The presiden, Of The senale is
not the acting governor he shall preside |;
but when he is The acting governor or con-.
testor, the senate shall elect president
pro tenn. Sd The parties 10 The contest
shall then be called by the clerk uf the
senate. and il they answer their appear.-
ance shall be recorded. 4.h. The con.
testor shall frs. introduce his testimony,
and,hen the officof elect shall introduce his;
and after the testimony Is gone through on
both sides, the contestor may. by himself
or his counsel. open the contest; and the Of.
fcer elect may tl.en proceed by hin,sel. or
counsel. 10 nuke his defence. and the con-
ies,or be heard in rsply. 5th, After The
arguments are thus gone through, by the
parties; any member Of The senate shall be
AT liberty 10 offer his reasons for the vote
be in,ends give. 7lh. 10th. The clerk
Of the Senate shall keep regular jo..
urnal Of The proceedings. 9th. 1h. j.
The manner Of taking the decision shall
be bysan alphabetical call OF the members;
and a majori,y Of all the votes given. shall
DECIDE, The president Of the senate. when
acting as governor, the person holding the
seat. or confession. not being permitted to-
vote. either upon the final decision. or up.
on any preliminary question chat has any
reference thereto.
Sec. AT. That the judge who carries
the pooll be ok 20 the clerk ofihe court Of
common pleas Of the proper county, shall
be entitled 10 receive for the same len cents
per mile. from the place of election 10 the
seat ofjusiice. 10 be paid out Of the county
treasury.
SEC. 4s. That If any officer charged with
aBy duties under this act. shall refuse or
neglect {, perform the duties required of him
by this act, according to the true interest
(intent] and meaning thereof. he shall, on
conviction thereof before any court having
cognizance TO that amount, be fined, in any
sum, at the discretion IF the court, not ex-
ceeding two hundred dollars.
Sec. 40. That aIl fines aud penalties inn
posed by this act, apd not therein otherwise
provided for. shall be recovered, with costs
of suit, in an action Of debt. for the use of the
county.
SEC. SO. That 10 alI cases where the re
turns from different counties, composing con-
gressionhl districts, shall not have been made
or may not be made within the time required
by law, or after the.certifcateof of election shall
have been fTwardedto To the person having with
out those ret urns. the highest number Of votes,
the secretary Of state, in the presence Of the
governor, or in his absence, in the presence of
the Auditorand Treasureof State, when said
returns shall be made, shall open the same,
and The Governor shall certify the same 10
the speaker of the House of Representatives
of the United States.
SEC. 81. That the sheriffs of the different
counties shall each receive for their services
performed under this act. the ftlloyyinp fees