The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-11

county, in case o. 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 survey
or, or prosecuting attorney; and 10 that
branch ofthe General Assembly, to which
any person may be returned when an
election is contested; Provided, notice Of
such appeal. TO the said court, be entered
with the clerk thereof, within twenty days
from the day Of election.
SEC. 81. Fiat the clerk shall make out
for the probate judge, clerk of the court OF
common pleas, sheriff, coroner, county
auditor, county commissioners, county
treasurer, county surveyor, judge of coun.
ty court, (if such there be, and prosecu-
ting attorney, and each of the senator's
and representatives to the General Assem-
bly,, who have the highest number OF votes
given. certificate of his election, and
shall deliver the same to the person enti-
tied thereto, upon demand. without fee;
and he shall also make out for any candi-
date or eector of his county, an abstract
OF votes as aforesaid, upon being paid one
dollar therefor. b. u@'
Sec. 80. That if any candidate or elec-
tor shall, directly or indirectly. give or
promise any meat, drink, or any other re-
ward, with the intention 10 procure his
election, or the election Of any candidate,
he shall'lorfeit and pay for every such OF.
fence, a sum not exceeding five hundred
dollars; and if candidate, be rendered
incapable. fortwo years, TO serve in the
office for which he was candidate.
Sec. 80. That if any candidate or cleo
tor Of the proper county, or senatorial dis
trict, chooses to contest the validity Of an
election, or the right Of any person pro.
claimed duly elected 10 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
contest, or leave written notice thereof
al the house where such person last resid-
ed, within twenty days after the election,
expressing the points on which the same
will be contested, and the names of two
Justices of the peace who will ofiiciate at
at the taking of the depositions, 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,
that the time fixed upon for taking such
dispositions, shall not exceed thirty days
from the day of election. e.i ...
SEC. 40. That the said justices. or eth
er Of them, shall have power, and are here.
by authorized and required, 10 issue SUBJ
penas to all persons 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 pre-
siding officer of the branch of the General
Assembly where the person whose seat is
contested, may be returned to serve at its
next session.
SEC. al. That no person shall contest
the election Of any senator or representa-
tive, unless he is an elector Of that county
or district from which the person is return
ed to serve. No testimony shall be re-
ceived by the justices on the part OF the
person contesting the election, which does
not relate to the point specified in the no.
tce; a copy Of which notice shall be de-
lvered to the said justices. and by them
transmitted to the presiding officer Of iha,
branch of the General Assembly where the
contest is to be decided, with the Other
documents.
SEC. AZ. That the method to be pur'
sued in contesting the election of any
person declared duly elected probate judge
clerk of the cour. of common pleas, sher
if, coroner, county auditor, county com
missioner, county treasurer, county record
er, county surveyor, or prosecuting altor
ney, shall be at the instance of a candi
date or elector of the proper county. ant
shall in every respect be similar to the
method directed as aforesaid, TO be pur
sued in contestng the election of senators
, and representatives TO the general assem-
bly,, save only that the testimony taken a.
aforesaid and all matters relative to sucl
. contest, shall be sent 10 the court Of com
| mon pleas Of the proper county, on or be
fore the second day of the term next ensu
ing the thirty days allowed, in which Il
take depositlons, by the preceding sec
tons; and the said court of common pleas
, at their said first term after thirty days shal
have expired, shall hear and determine
3 the contest.
Sec. 43. That any candidate or elec
$ tor being desrous of contesting the elec
ton of any person declared elected gov
. ernor, lieutenant governor, secretary 0
, state, auditor Of state, treasurer of state
=. attorney general, judge Of the supreme
$ court, member of the board of public works
!, Judge of the court Of common pleas, o
. Judge of the criminal court Of any county
shall, between the sixth and tenth day
: alter the commencement of the first gen
> eral assembly after the day Of election, fill
t a notice Of such intention, with the clerl
1 of the senate, specifying the particula
L /.