Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1852-03-27

the officer appointed TO condl!ct INC
election at any precinct, shall fail to
attend, tho Commissioners for that
precinct shall designate who shall CON
duct such election. And the said
Commissioners for the courthouse and
for tho precincts, sh0'i, un';i their sue
ccssors arc appointed, ioperintend in
like manner elections 10 fill vacancies
occurring in any of the Offices herein
provided for. The Commissioners su-
pcrintonding and officers conducting
said elections, shall take thcsamcoalhs,
to be administered in like manner as
are now prescribed for Commission
crs and officers conducting elections,
certificates of which shall be returned
by the person administering them, 10
the Clerk Of the County or Corpora.
ton Court, to be preserved in his Of
fec; and the said Commissioners and
officers shall perform the same duties,
have the same powers, shall be gov
crned by the same regulations, and be
liable 10 the same penalties for viola
tions Of duty, as are now prescribed
by law, so far as the same maybe con-
sistcnt with the provisions Of the Con-
stitution and this Act.
SEC. 4. If only one of the Commits
sionors appointed to supcrintcnd my
of the said elections, attend, he may
associate with himself any qualified
voter of the County who may be pre-
sent; il hone of tho Commissioners
should attend, or if none should have
been appointed, then any three quail
fed voters of the County being pres
ent. and agreeing to act, shall be Com
missioncrs; and such Commissioner
appointed, or agreeing to act, in the
manner prescribed by this section,
shall take the same oath, have the
same powers, and be subject to the
same penalties, as if he had been o.
riginaily appointed.
Src. 5. The same provisions which
govern the opening and closing the
polls, in other general elections in this
Commonwealth, shall regulate the c.
Ieciions provided for in this act.
SEC. 6. In any election held under
this act, the Commissioners superin-
tending the same at the Courthouse,
shall, within days from the
commencement of the election, exam
inc the poll, ascertain the result, and
declare the person Or persons, for
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, they shall decide
forthwith, by lot, to whom the ccrtili-
cato shall DO given, and they shall
forthwith set up, at the front door of
the Courthouse, notice of the said
election.
SEC. 7. The Commissioners, hold
ing and experimenting such elections,
', shall, within five days after the closing
of the polls, make true returns there
Of, together with certificate of the
persons elected, to the Clerk of the
County or Corporation Court, who
shall file tho same in his office.
SEC. s. The returns Of the said c.
: lections shall be subject to the inqui-
nv, determination AMI Judgment of the
respective County and Corporation
Courts, or of the County Court, in
case the election was for County or
City, upon complaint of twenty.four
or more Of the qualified voters of the
County, of an undue election or false
return, two of whom shall take and
subscribe an oath or affirmation that
the facts set forth in such complaint,
arc true, TO the best of their knowl-
edge and belief; and the said Courts
shall, in judging of said elections pro.
coed upon the merits thereof, and shall
determine finally concerning thesamc,
according to the Constitution andlaws
J Of this Commonwealth; and such com.
, plant shall not be valid, or regarded
by tho Court, unless the same shall
J have been fled with the Clerk Of the
County Court within ten days after the
f return of the certificate of election to
the Clerks office Of tho said Court.
: Upon the expiration of the said ten
days, if no such complaint shal have
been filed, respecting any officer whose
election is provided for in this actor
in case Of contest us to the election
of any such officer, then Immediately
upon the decision thereof, the Clerk Of
the Court shall certify the election Of
such officer, to the Governor, who
shall cause all such certificates of c.
lection to be recorded in the Office of
the Secretary of the Commonwealth
SEC. 9. In every case, the party
whose clectionis contested, shall, with
in ten days after tho complaint, be
served with copy of the complaint,
and notice of the contest, in the man.
nor prescribed by the lst section Of
chapter 1877 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 pro-
coed to take all proper dcpositions to
sustain or invalida,o said elcction,upon
reasonable notice to the adverse par