Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-05-12


whom the greatest number of votes Was
given to be elected or if the greatest
number of votes be equal for two or more
persons, the officer or officers conducting
the election in each ward, county or dis
trict shall decide forthwith by lot to whom
the certificate shall be given /; and he or
they shall forthwith set up at the front
door of the courthouse notice ofthe said
election.
8. The officers and other persons hold
ing and conducting such elections shall
make true duplicate returns of the cleo
tions of justices of the peace, one OF which
returns Shall be Immediately transmitted
by mail, by the officer conducting said
election, to the governor, and the other
return shall be handed by such officer TO
the clerk of the county court, to be hled
in his Office and the said clerk shall forth
with send certified copy of such return
to the secretary of the commonwealth
The said officers and other persons shall
make true returns of the other officers
elected under this act, which shall be
handed to the clerk of the county or cor
poration court, to be fled in his Office.
9. The returns of the elections of justi-
ces of the peace, of clerks of the county
and circuit courts, of attorneys for the
commonwealth, surveyors, sheritfs, com
missioners of the revenue, constables and
overseers Of the poor under this act, shall
be subject to the enquiry, determination
and Judgment Of the respective county
and corporation courts, or of the county
court, in case the election was for coun-
ty and city, upon complaint Of fifteen or
more of the qualified voters of the county
or corporation, or of the proper district,
when the officer is elected by district. Of
whom shalltake and subscribe an oath or
Affirmation that the facts set forth in such
complaint are true, to the best of their
knowledge and belief; and the said courts
shall, in Judging of said elections, proceed
upon the merits thereof, and shall deter
mine finally concerning the same, accord
ing to the constitution and laws Of this
commonwealth and such complaint shall
not be valid or regarded by the court I'M
less the same shall have been filed within
ten days after the election in the clerk 5
office of the proper court and when the
complaint is of the undue election or false
return Of \ justice of the peace, the clerk
of the said court shall Immediately certify
to the governor the decree of said court
when made, and in whose favor such con
tested election shall have terminated, and
the governor shall then commission such
person in whose favor such contested cleo
ton terminated and in said last mention
ed contested elections, in case such com
plant be filed in due time, the clerk shall
transmit by mail immediately to The gov
Ornor certified copy thereof; and in such
case no commission shall be issued until
the court shall have determined & adjudg-
ed on such complaint as aforesaid Pro.
viRsa AoWever, That when the complaint is
Of the undue election and false return of a
justice Of the peace, all the justices com
posing the court shall be summoned for
the trial Of the complaint, and majority
of those not Interested in the contest shall
be present.
10. In every case, the party whose cleo
ton is contested shall, within ten days af-
ter the complaint, be served with a copy
of the complaint and notice of the contest,
in the manner prescribed by the first sec
ton of chapter one hundred and sixty aev-
en- of the Code of Virginia. Upon notice
Of the complaint being given as provided
for in this section, each party shall be at
liberty to proceed to take all proper depo-
sltOns to sustain or invalidate said cleo
ton, upon reasonable notice to the adj
verse party, and the court shall proceed.
at the first session after the said complaint
is made, to determine said contest with
out a jury, upon evidence thus furnished
and upon oral testimony, if any, unless
good cause be shewn for a continuance.
II. The governor shall issue commits
sons, on the thirtieth day after the cleo
| ton, or as soon thereafter as may be, for
justices Of the peace under this act shall
have been held, TO such persons as shall
appear to be duly elected, which shall be
filed in the clerks Office of the county
court and every justice, after he has been
commissioned, shall, before he enters up
on the performance of any of the duties
of his office, be qualified as now prescribed
by law.
12. The justices of the peace so elected
and commissioned shall meet at their re
spective courthouses on the days now es-
tablished by law for holding courts in their
respective counties next succeeding their
election and commission and if major
ity of those elected for the county be pre-
sent and commissioned, and qualify, they
| shall proceed to choose one of their own
body, who shall be the presiding justice OF
the court, and whose duty it shall be to
attend each term of said court. A record
shall be made of the action of the court
If from any cause such election should not
be made on that day, summons shall be
made for the justices to appear at the next
court, when, ifa majority be present, such
election shall be made, the vote of ma
jority of those present being necessary for
! a chnicn Whom tho oASnn ne ....a.:..l:....