Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-05-03
[PROPRIETORS.

return shall he handed by such officer TO
the clerk of the county court. TO be filed
in his office; and the said clerk shall forth
with send a 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 nnder this act. which shall be
handed To the clerk of the county or cor.
poration Court. TO beflcd in his office.
Q. The returns ofthc elections of ins.
tees of the peace, or clerks of rhc county
and circuit courts. of ATTORNEYS for the
commonwealth, surveyors, sheriff commits
sioncrs of the revenue. constables aud
overseers OF the poor. under this act. shall
be subject to the enquiry. determination
and Judgment of the respective county
4 and corporation courts. or of the county
courts. in case the election was for a
county and city. upon complaint of fifteen
Or more ofthc qualified voters ofthe c,un
ty or corporation, or of the proper dis
4 trict. when the officer is elected bv dis
trlct. of an undue or false return, TWO o.
whom shall take and subscribe an oath or
affirmation that the facts set forth in such
complaint are true. 10 the hest Of their
knowledge and belief; and the said courts
shall, in Judging,of said elections s.tproceed
] upon the merits thereof. and shall determ-
inc finally concerning the same. according
TO the constitution and laws of this com
monwealtl; and such complaint shall not
be valid Or regarded by the court unless
the same shall have been filed Thin ten
days after the election in the clerks office
Of that proper court; and when the com
plant is Of the undue election or false return
of justice of the peace, the c'erk of the
said coart shall Immediately certify to the
Governor the decree of said court when
made, and in whose favor such contested
election shall have terminated, and the
governor shall then commission such per-
son in whose favor such contested cleo
ZION terminated, and in said last mention
ed contested elections. in case such com
plant be filed in due tine, The clerk shall
transmit by mail 10 the governor cert.
fed copy thereof; and in such case no
commission shall be issued until the court
shall have determined and adjndgcd on
such compluint as aforesaid: Prorided,
houercr. That W hen the complaint is OF
the undue election and fal-e return Of a
lJus'ice Of the peace. all the Justices com
posing the court shal be summoned for
the trial ofthe complaint. and majority
of those not interested in the contest shall
be present.
10. In every case. the party " hose cleo
ton is contested shall, within ten DAYS af-
ter the complaint, be served with n copy
ofthe complaint and notice of the contest
in the manner prescribed by the first sec
tion Of chapter one hundred and sixty.
seven of the Code of Virginia. Upon no
tice of the complaint being gwen as provi
ded for in this section, each party shah be
at liberty to proceed to take all proper
deposiions to sustain or inval,daIc said
election. upon reasonable notice to the
adverse pary,and the court shall proceed,
at the first session after the said complaint
is made to determine said contest without
jury upon evidence thus furnished and
oral testimony, if any unless, good cause be
shown for continuance.
IL. The governor shall issue commits
|
ton, or as soon thereafter as may be- for
Justices Of the pence under this act shall
have been held. TO such persons as shall
appear to be duly elected, " hich shall be
filed in the clerks office of the county
court; ard every justice, after he has been
commissioned, shall, before he enters up
on the performance of any of the duties of
1 4
by law.
l2. The Justices of the peace so elected
and Commissioned, shall meet at their re-
spcctive courthouses on the days now cs-
tab.ished by law for holding courts in
their cspeclive counties next succeeding
their election and commission; and If a
majority Of those elccied for the county,
be present and commissioned. and qua ify,
they shall proceed to choose one of their
own body, who shall he the presiding JUS
tees Of the court, and whose duty il shall
be 10 attend each term of said court A
record shall be made of the action Of the
court. If from any cai:se sgch election
should not be made on that day. a sum
mons shall be made for the justices to ap-
pear at the next court; when. if a majority
be present. such election shall be made,
the vote of majority Of those resent be-
ing necessary for a choice. When the Of
fee of presiding justice becomes vacant
from any cause. the court shall, all the JUS
ticcs being summoned. and a majority
present. select a presiding Justice of that
court; and at the first SESSION ofa county
court thus selected, and at the first session
of every such court after general cleo
lion. or so soon as may he, all The Justices
being summoned the court shall classify
the justices for the performance Of their
duties in court; and whenever vacancy
shall occur in any district, the justice
elected to supply the vacancy shall occu-
py the place in said classification Of the
justice who preceded him.
49, Ifa vacancy occurs in the Office Of
clerk ofany such court,a clerk pro hni-
porc may he appointed by the court; or,
if the vacancy is in the office Of clerk of
a circuit court, by toe Judge thereof in
vacation, and such court or the Judge at
the time of making such appoint npcnt.
shall order writ of election to ill the va
cancy. The clerk pro temporc shall dis
charge the duties OF the office until clerk
is elected and qualified.
IL. Whenever vacancy shall occur in
the numhor ofjusticcs which each district
is authorized to elect and in any Of the
other Offices. elections to which are provi-
ded for in this act other than in those
mentioned in tho preceding section. the
county or corporation court shall order
writ of ele ction to supply the said vaean-
| cy; and the county and corporation courts,
as provided for in the second and third
\ 4 r Il. LII