The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-06-25

Sec. 81. That the clerk shall make out i
or the probate Judge, clerk OF the court ot
COMMON pleas, sheriff, coroner, county au- I
litor, county commissioners, county treasu- /
er, county survyor, judge of county court, Il
if such there be- and prosecuting attorney, Ii
ind each Of the senators and representatives
10 the general assembly, who have the high
est number Of votes given, certificate oi
his election, and shall deliver The same 10
the person entitled thereto, upon demand,
without fee; and he shall also make out for
any candidate or elector oil his county, an
abstract of votes as aforesaid, upon being
paid one dollar therefor.
Sec. S8. Thati any candidate or elec.or
SHALL directly or indirectly, give or promise
any meat drink, or any other reward with
the intention TO procure bis election, or the
election of ony candidate, he shall forfeit
and nav for every such offence, SUN not
exceeding five hundred dollars; and il d can
didate, be rendered incapable, for two years,
to serve in The office for which he was a
candidate.
Sec. &c., That if any candidate or elector
Of the proper county, or senatorial district,
chooses to contest The validity Of anelection,
or the right of any person proclaimed duly
elected to his seat in the Senate or House Of
presentatives, such person shall give no.
tice thereof in writing, TO the person whose
election he intends to contest, or leave a
written notice thereof al the house where
such person last resided, within twenty days
after The election, expressing the points on
which the same will be contested, and the
npmes Of two justices OF the peace who will
oficiate at the taking Of The dispositions, and
when and where they will attend to take the
same; and such notice shall be served al
least ten days before the day pointed out
herein for the taking Of the dispositions;
Provided, that the time fixed upon for taking
such dispositions, shall not exceed thirty
days from the day oil election.
Sec 40. That the said justices, or either
of them, shall have power, and are hereby
authorized and required, 10 issue subpenas 10
all persons whose testimony may be required
by either of the parties, and the said two
justices when met, shall hear and certify IN
der seal, all testimony relative to such con-
tested election, TO the presiding officer of the
branch Of the general assembly where the
person whose seat is contested, may be re-
turned TO serve at its next session,
Sec. Al. That no person shall contest the
election Of any senator or representative
unless he is an elector Of that county or dis.
trict from which the person is returned Il
, serve. No testimony shall be received BY
, the justices on the part of the person con.
testing the election, which does not relate tt
) the point specified in the notice; copy o.
!; which notice, shall be delivered 10 said jus
tices, and by them transmitted to the presi
ding officer Of that branch of the general as
: sembly WHIT re the contest is 10 be decided
! with The other documents.
!. Sec. 42. That the method 10 be pursue,
: in contesting the election of any person de
f clared duly elected probate judge, clerk of III
n court of common pleas, sheriff. coroner
n county auditor, county commissioners, coun
Q ty treasurer, county recorder, County survey
: or, or prosecuting attorney, shall be at the in
= stance Of candidate or elector OF the prop
= er county, and shall in every respect b. SIM
,. lar to the method directed as aforesaid to
/, pursued in contesting the election Of senator
,r and representatives. 10 the general assembly
l. save only that the testimony taken as a(ort
sud, and all matters relative 10 such conies
e shall be sent TO the court of common pleas {
u the proper county, on or before the second da
'ee y of the term next ensuing the thirty days al
= lowed, in which 10 take depositions, by tn
E preceding sections; and The said court of con
1t mon pleas, at their said first term after thi
,e ty days shall have expired, shall hear and dC
e termine the contest.
l, Sec. 43. That any candidate or eleclC
$; being desirous of conlesting the election G
d any person declared elected governor lieuter
l. ant governor, secretary of state, auditor {
, state, treasurer OF state, attorney general, judg
= of the supreme court, memberol the board {
N public works, judge of the court Of commo
Is pleas, or judge OF The criminal court of au
,e county shall between the sixth and tenth da,
at after the commencement of the first gener'
y assembly after the day of election, file "a nc
T. tice of such intention, with the clerk of Ii
I, senate, specifying the particular points @
u u which he means 10 rely; Provided, that n
- person shall contest the election of commc
IS pleas Judge, unless he be an elector of the pr
{. per judicial district.
lie Sec. a.. That upon any such notice b
J. ing filed as aforesaid, the senate shall, by re-
'r olution, determine on what day or days the
o will meet in their chamber, in order to hei
i, and determine any such contest; and thereul
y on, certified copy ol The notice filed by an
10 contestor, shall be served upon the offic,
whose election is sought 10 be contested, {
i. by leayinga copy thereof at his last or usui
c place Of residence, by such person as shall !
E. resolution be appointed, with notice whc
y he is required to attend in tie senate chan
t. Der 10 answer the contest.
Sec. 45. That on the trial Of any comics
i ted election for any of the Offices in the io
- ty-thid section OF this act named, the pa
8 ties Of such contest may introduce eitht
!. written or ora. testimony but no depos
r tions shall be read on such trial, unless Il
a opposite party shall have had reasonable nj
J. tice of the time and place of taking the SAM
b Sec. 46. That In conducting any contes
n ed election for the offices in the forty y-thil
u section of this act named, the following ruiz
y shall be observed, to-wit: lst. On The da
: and at the hour appointed for that purpos'
the senate, with its proper officers, at the
q usual place of meeting. I'd. When Il
J, president of the senate is not the acting GO
y ernor, he shall preside; but when he is &C
!, ing governor or contestor, the senate sha
e elect president pro tenn. 3d. The partit
Q to the contest shall then be called by Il
+ clerk OF the senate, and if they answer, the
appearance shall be recorded 4lh. The col
testor shall first introduce his testimony, an
then the officer elect shall introduce his; an
and after the tastinonv is pone thronob n