Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1852-05-08
aloral,1oun, (()a) sa1roan, 1op s. 1852,

cree of said court when made, anu III
whose favor such contested election
shall have terminated, and the Cover
nor shall then commission such person
in whose favor such contested election
terminated; and in said last mention'
ed contested elections, in case such
complaint bc filed in due time' the
clerk shall transmit by mail iE,mcdl'
ately to the governor certified copy
thereof; and in such case no commits
sion shall he issued until the court
shall have determined and adjudged on
such complaint as aforesaid: Prosid,
cd, howrcer, That when the complaint
| is Of tho undue election and false re-
turn of n justice Of The peace, all The
justices composing the court shall be
summoned for the trial Of the com.
pluin,, aud a majority of those not in.
terested in the contest shall be pres
ent.
10. In every case, the party whose
election is contested shall, within ten
days after the complaint, be served
with a copy of the complaint and M.
,icc Of the contest, in the mannrrpre.
scribed by he first section of chapter
one hundred and six'y-seven of the
Cule Of Virginia. Upon notice of the
complaint bring given as provided f'r
in this section, each party shall he at
liberty to proceed 10 take oil proper
depositions TO sustain or inva!idate
said election. upon reasonable notice
to the adverse party, and the court
shall proceed, nj the first session after
the said complaint is made, to deter
mine said contest without jury, upon
evidence thus furnished and upon oral
testimony, if uny. unless good cause
be shcwn for Il continuance.
II, The governor shall issue commits.
aions, on the ihIrtieih day alter the r!tc.
ton. or as soon thereafter us may be, !or
justices Of the peace under thus act shall
have been held, 10 snrh rers"n- as Shall
ap,mar To BE- duly elected, winch shall he
filed in the clerks uiiice Of the county
court: and every jus'irp, after he has
been commissioned, shall, belure he enters
upon the perinrmanre .! any ol The dni"s
OF his Office, be qualified as now prescribed
BY law.
l2. The justices Of the peace so eject.
ed and commi .sioned shall meet al their
respective rour,luus, IN the duy s now eS-
tal'l shed By law ior holding COURTS III
their respective counties mex, succeeding
their election and commission; and It n
majority OF those elected for the county
be present. AMI commissioned, and quality,
they shall proceed 10 choo'e one "i
their avn body, who shall BIZ the presiding
Justice Of the court. and whose duty 1t
shall be 10 attend each term OF said conf'.
A record shall be made ei the arl"n OF
the court. Il flom any cause such elec.
lion shund not he iGade IN ,ha, day,
summons sllall be made for the justices
10 appear at the next c"u;l. whrn' II q
malnrity tie present, such election shall
be- made. the vu,e Of a majority OF those
present being Necessary for choice
When the office Of presiding justre he.
comes vacan, from any cause, the court
shall. all The justices beng summoned'and
majority present. select presiding Us.
tice uf that court and al ihP frs, session
Of a county couI thus ertrd, and al the
first Session Of Every such CONT alter
general election. or SO mn MS may he. all
the justices being summoned, the rnnr.
shall classify thu justices e" the perform.
ance Of their duties in court; and when.
evrta vacancy shali occur III any district,
the Justice elected t" supply the varancy
shall occupy the place III said class flea.
ton OF the justice who preceded him.
IS. # vacancy occurs in the offire Of
clerk Of any such cunrl, a clerk pro tenn
pore may be appointed BY the c'u'l; or,
il the vacanry is in the Office "i clrIk OF
a circuit court, hs the judge thereof in va
cation: aud such court ur Judge, al the
time Of naki.e such appointment, shall
order writ Of election To fill tn. vaca"-
cy. The ce'k pro tempore shall discharge
the duties Of the offire until clerk Is c.
ec,ed and qualified.
"a. Whelt4vera vacancy shall occur in
the uumhe nf justices Which each district
is authorized to elect, anu in any Of the
other nflices elections TO which a'r Prov.
dcd for in this act. other than those mrlI.
TONED III the preceding section, the c"nn'
Is orrorrn,alIon court shall order II writ
Of election to supply the sid varsncy:
and the county aud corporation courts: a.
provided f,r in The second uni thr'l src.
lions Of this act, shall appoint commits
sionp,s and officers. with the sam" powers
and duties as those srpoI"ttd 10 snTr'''-
tend the general elections Of >ald "il' ers :;
aid the saih ,lrr,i us shall b. held aud
rouduripd. aud The returns made, and colI.
tess conducted and decided in the samr
manner as in general l''riions Tor said nl'
irr,s: Prorldsd, II ihp vacancy br in The
office Of attorney for the commonwealth
in circuit court held for Il city or corpn.
,ation. or for o county and city together,
the hus,ings rnurl Of the city or cornra
,icu in the first ease. and in tn" Other case
thp county court, shall order the writ Of
election.
IS. The uflirer or officers to whom any
such wri, Of elcctmnis directed, shall give
notice ,hpreoi, aud ni the ,imr Of elections,
M advertisement, ut two Of the most snit.
able places in tho district, where il 'sa
distric, election: ProrNIcd, That when ii
is county election the advertisement
rh.ll h, nnnha IN zach NisiIicl.