Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-02-04


testimony relative 70 such contested elsction, 70
.he presiding officer Of the branch OF The geo.
eral assembly where The persOO whose scar is
contested, msy be returned 10 serve sI Us next
session.
Sec. a.. Tha. no person shall contest The
elecIinn Of any senator or representative, unless
he il 40 sleclor Of that county OF district from
which lhe person is returned 20 serve. No Ies-
.mODy shall be received by The justices on The
parl Of the person conIesling the election, which
does not relate 10 the point specified 10 The no.
ice a copy Of which notice shall be delivered
4, the said Justices, and by them Wansmiued In
the presiding officer Of that branch Of the gen
eral assembly where The contest is 70 be deci'
ded, With the other documents. .
Sec. AZ That The method 10 be pursued in
conlesnng the election Of s5y person declared
duly elected probate Judge. clerk Of The court ol
common pleas. sheriff, coroner, county auditor,
county commissioners, county treasurer, eoun'
~ recorder, county surveyor. or prosecuting a.
lorney, shall be al the instance Oi candidate
or eleclor Of The proper county, and shall, 10
every respect. be similar TO the method direct
ed as aforesaid. 30 be pursued 10 cOnIes'lng the
eecIion of senators and representatives 70 the
general assembly. save only thai the testimony
taken as aforesaid, aud all matters relative 10
such contest, shall be sent 10 the cOuH OF CON-
mon pleas of the proper county, on or before
the second day OF The term neAi ensuing Ihe
,hiny days allowed, 10 which to take dePOsl'
lions, by the proceeding sections; aud The SAID
coun OF common pleas, aI their 'aid fret term
uher thirty days shall have expired, shall hear
and determine the contest. ..
Sec. a. That any candidate or eIccIoT being
desrous of cOnIesrIug the election oI any per-
son declared elecIed governor, llru'ensn' gov
ernor, secretary OF state, uudnoT OF STATE, treas
urer of state. attorney general, Judge OF the su'
preme courI, member Of The board OF public
works, Judge Of The coun Of common pleas. or
iudpe OF The criminal cOun OF any county, shall.
between The sixth aud tenth days after the com
mencemeal OF the fret general assembly alter
the day 1f election. file notice OF such inen'
lion with the clerk OF the senate, specifying the
particular points on which he means IN rely {;
Provided. that no person shall contest The elec'
lion Of common pleas Judge. unless he Do al
elecior OF lhe proper Judicial district.
Sec. A. That upon any such notice being
filed as aforesaid, the senate shall, by resolution,
determine on what day or days they will meet
| in their chamber, 10 order To hear and deter.
mine any such contest; and ihereupoD. ceri.
fed copy of The notice flied by any contesIor.
shall be- served upon the officer whose election
is sought to be- CONTESTED, or by leaving copy
,hereul al his las, or usual place Of residence,
by such person as shall by resolution be ap.
pointed, with noucU when he is required 10 al
lend in The senate chamber TO answer the con-
test.
Sec. as. Tha, on The trial Of any contested
election lor nny Of the officers in the lOrly.'hlrt
section uf this act named, The parties Of such
conles, may inTOduce either written " oral les
,imonv, but no dep0slions shall be read on suct
,ual, unless the opposite party shalt have haC
reasonable notice Of the time and place ol IA
king the same.
Sec. 46. That in conducting any contested
election for the "ifices in the GOuy.Ihird section
OF this act named. the following rules shall bt
observed, to vii: lsl. On The day and at Ih'
hour appointed Tor that purpose. the senate, viii
lis proper officers, at their usual place OF meet
ing. 3D. When Ihe president 0l lno Senate !
moi the aciing gnvern"T, he shall preside bu
whea he is The aching governor, or conIesIor
The senate shall elect president pro ten. 81
The purlies to The conles, shall then be calle,
| BY the clerk 0G The Senate, and iC they answer
their appearance shall be recorded. 4'h. The
conles,or shall FIRST introduce his testimony. ant
III n the officer pleci shall introduce his; ant
aher the testimony is gone through on boil
sides. The cOnttsI0r NAV. by himself or his coun
sci, open the contest; and The officer elect ma,
!hen proceed, BY himself or counsel, 10 maxi
his defence, and The cOnIes1or be heard in re-
! ply. 5h. AlIer The arguments are thus gon
through, by The parIes. any member OF Ihe sen
ate shall be al liberty 10 OFF, his reasons in
The vote he intends to give. 7.h. Oh. Tit
clerk of The senate shall keep seRu'ar jnurna
Of the proceedings. 8sh. 7sh The manne
OF taking The decision shall be by an alphaheIl
cal call Of the members, aud a maj sjlriIy Of al
Tho votes gwen, shall decide; the president o
the senate, when acIing as governor, the PeTsoI
holding the seat, or cOnIesIor, Mt being permit
Ted 10 vote, ei.her upon Ihe final decision, o
upon any preliminary question that has any re
/ ference thereto.
Sec. AZ. That the Judge who carries the pol
book 10 the clerk Of Ihe court of common plea
OF the pTuper county, shall be entitled 10 recelV
for The same. ten cents per mile, from the plac
Of election To the seat OF justice, 10 be paid ou
of The county treasury.
Sec. 40. Tha. lf any officer charged wit
any GuIies under This act, shall refuse or neg
lerl tu perform the duties required oil him b
this act, according 10 The true interest intent
aud meaning thereof, he shall, on conviction
thereof, 6eIore any court having cognizance I
that amount, be foed, in any sum. at the di'
cre,ion OF The cour, not exceeding two hundre
duitars. ..t
Sec. 10. That all fines and penalties impo'
I'd by ,hIs scI. aud not therein otherwise prov
ded lur. shall bs recovered, with costa Of SUI
~ an srIou oi debt, for the USE Of The county
Sec. 50. That IN all cases where the return
irom diff rent counties, composing roOgressiOr
al dlSlrlcis. shall not have been made. or ma
not be made within the time required By las
ar auer Ins {, f,ifca,s Of elecuon shalI has
been forwarded 10 the person having, ~iIho'