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

dispositions shall be read on such trial, un-
less the opposite party shall have had
reasonable notice ofthe time and place 81
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
ing rules shall be observed, to wit: 1st.
On the day and at the hour appointed for
that purpose, the senate. with its proper
officers. at their usual place of meeting.
Cd. When the president Of the senate is
not the acting governor, he shall preside;
but when he is the acting governor or con.
testor, the senate shall elect q president
pro tenn. Sd. The parties to the contest
shall then be called by the clerk Of the
senate, and if they answer. their appear.
ance shall be recorded. 4th. The con.
testor shall first introduce his testimony,
and then the officer elect shall introduce
his; and after the testimony is gone through
on both sides, the contestor may, by him.
self or his COUNSEL open the contest; and
the officer elect may then proceed by him
self or counsel, to maIN his defence, and
the contestor be heard in reply. 9Th. A-
ter the arguments are thus gone through,
by the parties, any member of the senate
shall be at liberty to offer his reasons for
the vote he intends TO give. 7lh. 10th.
The clerk of the senate shall keep regu-
lar journal ofthe proceedings. 9th. [7ih.
The manner Of taking the decision shall
be by an alphabetical call Of the mem
be,s; and majority of all the votes given,
shall decide; the president of the senate,
when acting as governor, the person hold
ing the seat, or contestor, not being per-
mitted to vote, either upon the final deci-
sion, or upon any preliminary question
that has any reference thereto.
Sec. AZ. That the judge who carries
the poll book to the clerk of the court ol
common pleas of the proper county, shall
be entitled to receive for the same, ten
cents per mile, from the place Of election
to the seat Of justice, to be paid out OF the
county treasury.
}, Sec 48. That if any officer charged
with any duties under this act, shall re-
/ fuse or neglect to perform the duties re.
quired Of him by this act, according to the
true interest [ntent and meaning thereof
he shall, on conviction thereof. before any
: court having cognizance to that amount
be fined, in any sum. at the discretion o
/ the court, not exceeding two hundred
} dollars.
Sec. 49, That all fines and penalties
. imposed by this act, and not therein other
wise provided for, shall be recovered, with
costs of suit. in an action of debt, for the
, use of the county. t .
Sec. SO. That in alrcases where the
returns from different counties, composing
congressional districts, shall not have beer
. made, or may not be made within the time
| required by law, or after the certificate o
, election shall have been forwarded to the
person having without those returns, the
highest number Of votes, the Secretary o
t State, in the presence OF the Governor, or
in his absence, in the presence OF the
Auditor and Treasurer Of State, when sale
returns shall be made. shall open the same
and the Governor shall certify the same tt
, the Speaker Of the House of Representa-
) tives of the United States. pi
SEC. 81. That the sherifs Of the diff
ferent counties shall each receive for thei
i, services, performed under this act, th'
t following fees, to wit: For advertising TIT
3 election, the sum of fifty cents for eacl
r township within his county; for delivering
the abstracts of votes TO the Secretary o
: State, at his office. the sum Of three dol
Y lars for every twenty live miles Travelled Il
J., and from their respective seats Of justice
: on the nearest usual route to the seat o
. government; which fees shall be allowed
. bv the Auditor, on the certificate of tn
!. Secretary of State, and paid by the Treas
: urer of State.
SEC. SO. That every such clerk of tht
e court. or probate Judge, (as the case ma.
,. be- shall receive for his services perform
S ed under this act, the following fees, t
: wit: For making out abstracts, for ever
S hundred words, ten cents; for each certifi
h cate with the seal of the court. attached +
i. abstract, fifty cents; which fees shall b
'. allowed by the county Auditor, on the Ger
!. tifcate of such clerk or probate Judge, Ia
o the case may be- and paid by the count
: treasurer. na '"C
J. Sec. So. That it shall be lawful for tn
Il Judges of any election which may be he'll
e under this act, when, in the opinion Q
said Judges, it is impracticable TO coun
= out and certify all the votes which hav
}. been given on the first day, to place tn
= box, containing the ballots, well secures
If by a lock, and carefully sealed up, unde
}, the charge of one of said judges, and t
e postpone further counting thereof until tn
,, next day, when the counting shall be re
n sumed, and continued until completed
:. when the same shall be certified in tn
S manner provided for in this act. +.
Sec. 81. That the "act to regulat
e elections" ,"passed The eighteenth day G
k February, one thousand eight hundre
# and thirty-one. and the act amendator
| of Tho aot on titIad ssan aot m ra1ulato a1ac