The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-06-16


attorney; and the person OF persons hay-
ing the highest number Of votes for sena-
tors OF representatives Of the general as
sembly, duly elected; subject to an appeal
TO the court Of common pleas, of the prop
er county, in case Of the contested election
OF the probate judge, clerk Of the court Of
common pleas, sheriff, coroner, county
auditor, county commissioners, county
treasurer, county recorder, county sur
veyor, or prosecuting attorney; and to
that branch of the general assembly, to
which any person may be returned, } when
an election is contested; Provided. notice
OF such appeal, to the said court, be en-
tered with the clerk thereof, within twen-
ty days from the day ofelection.
Sec. 81. That the clerk shall make out
for the probate Judge, clerk of the court
Of common pleas, sheriff. coroner, county
auditor. commissioners. county treasures,
county surveyor, judge of county court,
IT such there be, and prosecuting attor-
ney, and each of the senators and repre-
sentatlves to the general assembly, who
have the highest number of votes given,
a certificate of his election, and shall de-
liver the same to the person entitled there
TO, upon demand, without fee; and he shall
also make out for any candidate or cleo
tor OF his county, an abstract of votes as
aforesaid, upon being paid one dollar there
for
Sec. 38. That if any candidate or elec-
tor snail, directly or indirectly, give or
Hrtnly ntl
ward, with the intention to procure his
election, or the election OF any candidate,
he shall forfeit and pay for every such Of
fence, sum not exceeding five hundred
dollars, and if candidate, be rendered
incapable, for two years to serve in the
Office for which he was candidate.
Sec. 80. That if any canidate or elector
of the props county, Or senatorial district,
chooses to contest the validity of an cleo
ton, or the right of any person proclaim
ed duly elected to his seat in the Senate
or House of Representatives, such person
shall give notice thereof in writing, to the
person whose election he intends to con-
test, or leave a written notice therof at
the house where such person last resided,
within twenty days after the election, ex-
pressing the points on which the same
will be contested, and the names of two
justices of the peace who will officiate at
the taking of the dispositions, and when
and where they will attend to take the
same; and such notice shall be served at
least ten days before the day pointed out
therein for the taking of the depositions;
Provided, the time fixed upon for taking
such dcpositions, shall not exceed thirty
days from the day of election.
Sec. A.. That said justices, or either
of them, shall have power, and are here
by authorized and required, to issue sub
penas to all peroas whose testimony may
be required by either of the parties; and
the said two Justices when met, shall hear
and certify under seal, all testimony rela-
tive to such contested election, to the
presiding officer of the branch of the gen
eral assembly where the person whose
seat is contested, may be returned to serve
at its next session.
See. Al. That no person shall contest
the election Of anv senator or representa-
tive, unless he is an elcc:or Of that county
or district from which the person is re-
turned to serve. No testimony shall be
received by the justices on the part of the
person contesting the election, which does
not relate to the point spe cited in then
tice, n copy of which notice, shall be de-
livered to the said justices, and by them
transmitted to the presiding officer of that
branch of the general assembly where the
contcs is to be decided, with the other doc
umentS.
SEC. 40. That the method to be pursu-
ed in oontesting the election of any per-
son declared duly elected probate Judge,
clerk of the court of common pleas, sheriff
coroner, county auditor, county commits
sioners. county treasurer, county recorder
county surveyor, or prosecuting attorney,
shall be at the instance of a candidate or
elector of the proper county, and shall in
every respect be similar to the method
directed HIS aforesaid, to be p rsued in
contestng the election of senators and
representatives to the general assembly,
save onl Y that the testimony taken as a.
foresaid, and all matters relative to such
contest shall sent to the cour: of COM
mon pleas of the proper county, on or be-
fore the second day of the term next en-
suing the thirty days allowed, in which to
take depositions, by the preceding sec
tions; and the said court of common pleas
at their said first term after thirty days
shall have expired, shall hear and de-
termine the contest.
SRc. 43. That any candidate or elector
being desii Gus of conteSting the election
of any person declared elected governor,
lieutenant governor, secretary of State,
auditor of state, treasurer of state, attor-
ney general, judge of the supreme court,
member OF the board of public works,
Judge of the cour. of common pleas, or
Judge of the criminal court of any county
shall, between the sixth and tenth days
afterthe commencement of the first gener-
al assembly after the day of election, file
a notice of such intention, with the clerk
of the senate, specifying the particular
points ON which he means to rely; Provi-
ded, that no person shall contest the elec.
ton of common pleas Judge, unless he is
an elector Of the properjudicial 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 to hear and determine any such con-
test; and thcreupon, a certified copy of
the notice filed by any contestor, shall be
served upon the officer whose election is
sought to be contested, or by leaving
copy thereof at his last or usual place of
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