Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1852-05-04
oHARLEsT0WN, VA, TUESDAY, MAY 4 1852


and subscribe oath or affirmation, that the fact
set forth in such complaint are true, 10 the bes
of their knowledge and belie!; and the said court
shall, in Judging of said elections, proceed upo
the merits thereof, and shall determine finally
concerning the same, according to the coustItu
ton and laws of this Commonwealth; !; and sue
complaint shall not be valid or regarded by III
court, unless the same shall have been filed with
in ten days after the election in The clerk otic
lof the proper court; and when the complaint i
of the undue election or false return ofa justict
of the peace, the clerk Of thesaid court shall i'm
mediEtely certify TO the governor, the decree o
said court when made, and in whose favor suci
contested election shatl avetermiuated, and thI
governor shall then commission such person il
whose favor such contested election terminated
and in said last mentioned contested elections, II
lease such plant be Sled in due time the clerh
shall transmit BY mail immediately To che Cover
nor, a certified copy hereof; and IN such case nc
ltcommission shals be sspe7 NJ stlSf 1prt slsal
a as.a f5tesa l h5 tbf
turn Of a justice Of the peac he justices com
Iposing the conrt haIl be FOR the trial
/ dof complaint, and MAJ tlfy Of those not in
teFested in the contest, shai g. present
1 10. In every case. the party whose election IS
lcontested, shall, within ten days after the eom-
plant, be served with copy Of the copPiaLnts
aud notice OF the contest in fhe nanler pfescfib-
eddy the FIRST section Of chap one hundfe and
| sixty.seYen of the Code of Virginia. Upon no-
tice of the complaint being given as pFogidS fof
in this section, each party shall be at liBsf b
proceed to take all proper dispositions q ain
or invaldate said election, upon req e no.
tice to the adverse party and the eouEl shall pro.
coed at first session after the said coInPlaint
is made, aetermine said contest without jury,
upon evidence thus furnished ind gpon 6Fal tes-
tir4oDy, if any, unless good nse ba Slow for q
continuance.
IL. The governor shall issue comm on
the thrtieth day after the el lee itI, or soon
thereafter as may be. for justices ol tlie peace
under this actshall have been held 10 such per-.
sons as shall appear fo be duly elected ieif
shall be filed iustl clef Office 81 the county
court, and every Justice ltet lie has been COM
missioned, shall, befoi a entels 81 l5e per-
formance OF any of the titles OF j nee, be
qualified as now prescribed by law.
IL. The justices ofthe peac so elected and
commissioned shall meet atthe apective court
houses on the days now estab shed By law for
holding courts in their respective counties next
succeeding their election and commission; and
if majority of those elected for the county be
present 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
1.-The court. If from any cause such election
should not be made on that day, a summons shall
be made for the justices to appear at the next
court, when, it a majority be present, such cleo
ton shall be made, the vote OF majority of those
present being necessary for a choice, Whenthe
Office OF presiding justice becomes vacant from
any cause, the court shall, all the justices being
summoned, and majority present, select presi.
ding justice THAT court; and at the FIRST session
of county court thus selected, and ut the first
session ofevery such court after general cleo
tion.o SO soon as may be, all the justices Oe4"g
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 oc
cupy the place in said classification ofthej justice
who preceded him.
49, Ifa vacancy occurs in the Office OF clerk
of any such court, a clerk pro temPore may be aP-
pointed by the court; or, if the vacancy is in the
office Of clerk Of a circuit court, by the Judges
thereof in vacation; and such court or judge at
the time of making such appointment, shall order
a writ of election 10 fll the vacancy. The clerk
pro tempore shaIldischarge the duties ofthe office
until clerk is elected and qualified.
IA. Whenever vacancy shall occur in the
number of justices which each district is author.
ized to elect, and in any of the other offices, eec-
tions to which provided for in this act, other
than those mentioned in the preceding section,
the county or corporation court shall order writ
of election to supply the said vacancy; and the
county and corporation courts, as provided Tor IN
the second and third sections of this act, shall
appoint commissioners ands officers, with the
/ same powers ana QulleS as luOse appOluleu u
superintend the general elections ot said officers;
aud the said elections shall be held and conduct
ed, and the returns made, and contests conduct
ed and decided, in the same manner as in gene
raj elections of said officers: PTOuided II the
vacancy be in the Office OF attorney for the Com
Imonwealth IN circuit court held, for city or
corporation, or for a county and city together,
the hnstings court of the city or corporation in
the first case, and in the other case the county
court, shall order the writ of election.
| 10. The officer or officers to whom any such
| writ of election is directed, shall give notice
thereof, and OF the time of elections, by adVer-
tsement, at two of the most suitable places IN
the district, where it is district election: Pro
ridsd, That when ii is a county election the adj
vertsement shall be made in each district.
! l6. The removal of clerk of the circuit or
county court of sheriff or surveyor, from the
county in which he was elected, shall be vaca.
ton OF his Office and the removal of an oveTseer
of the poor or constable from the district in which
he is elected, shall Vacate the office TO which he
Ewas elected. But the clerk of circuit court
fnow residing beyond the limits Of the county in
| which he holds the Office may be re-eligible, and
| if elected, may continue TO reside out OF that
county.
/ III. The Office OF justice OF the peace shall be
deemed vacant, not only when he dies, resigns or
| is removed from Office, but also when he fails to
qualify within thirty days after he receives his
commission, or shall remove from the district III
| which he is elected.
49, The term OF Office Of the commissioners ol
the revenue shall commence on the first day ol
February next succeeding the election. The
term of office of the other officers whose election
! is provided for in this act shall commence on the
first day Of July, next succeeding the election.
And the clerks Of the circnit aud county courts
and the surveyors shall continue n Office for the
tern of six years attorneys for the common
wealth, justices of the peace and overseers ofthe
/ poor, for the term of four years; sheriifs, com
missioneTs of the revenue and coastables, for
1.-Two years from that day, unless sooner removed.
10. The officers aforesaid shall, before enter
ling upon the discharge of their respective duties,
ltake the oaths of Office prescribed by the Code
1 of VIRGINIA. and give all such official bonds as
are now required Of any such officers. The of
fetal bonds and oaths required TO be administer
I ed and executed IN any circuit court may be