Loudon free press. (Loudon, Tenn.) 1852-1855, 1854-03-21

ting Judges and Attorneys General by the
/ people.
SECTION /. Be IL enacted By the General
ASseOtbiy Of the State Of Tennessee, That ON
the 4th Thursday in May, 1854, there shall be
elected in this State three Judges of the Su-
( preme Court, one Attorney General for the
State one Judge and one Attorney General
! in each judicial district, and one Chancellor
/ In each Chancery division.
/ SEC. ,. The Shcriffs of the different coun-
/ ties SHALL ON that day and ever afterwards, as
4 provided by this act, open and hold the elec
ton Ill their respective counties, under the
same rules, regulations and restrictions that
are prescribed III reference to the election of
SheritfS, Clerks Registers, and county Trustees.
lfthere shall be no Sheriff of the county, or
! he Shall be a candidate, the Coroner shall hold
I the election.
/ SEC. 3. The Sheriff or Coroner SHALL with
in three days after such election, transmit to
The Secretary of State copy of the certif-
Gates made by the Judges and Clerks, of the
number Of votes received by each candidate.
SEC. 4. The Secretary Of State shall com
pare the number of votes received by each can
didate; shall enter the same In a book to be
kept for that purpose. and shall issue to the per-
( sou receiving the highest number of votes, a
certificate OF his election, to be counterSigned
bv the Governor; which certificate shall be
sufficient to enable him to proceed to discharge
the duties of the Office.
SEC. ). If two persons, candidates for the
same office, shall receive an equal number Cf
votes,it shall be the duty Of the Governor imme-
diately to order another election, within thirty
! days, of which notice shall be given in one or
more newspapers published at the Capital, and
one or more newspaper published in the dis
trict IN which such election is to be held.
| SEC. 6. As often as a vacancy shall occur
in any Of said offices by death, resignation, ex-
piratian of the term, or otherwise, it shall be
the duty of the Governor to order an election
| to be held, and of which notice shall be given,
if Of Supreme Judge or Attorney General and
Reporter, for two months, by publication in
newspaper in each Of the grand divisions of
this State; if of Circuit Judge, Chancellor,
or Attorney General, by publication for one
month in one of the newspapers of the Capitol
and in one or more newspapers in the circui or
district for which such Judge or Chancellor or
| Attorney is to be elected.
SEC. I. Whenever a vacancy shall occur in
any of said offices by death, resignation or re-
moval, the Governor shall appoint some per-
son to fill the office until the election of a sue
ceSsor according to the provisions Of this act.
SEC. s. Persons illegally voting for any of
said officers, shall be liable to indictment or
presentment; and upon conviction shall be
punished as in other cases Of misdemeanor.
SEC. 9. BE Htirther enacted, That the quail
flied voters of the county of Shelby, shall elect
Judge of the Common Law aud Chancery
Court of the city OF Memphis; the qualified yo-
ters of the county of Shelby, Upton, Fayette
| and Hardeman, shall elect Judge for the elev-
. II IL I j
ties; the qualified voters of the fifth, thirteenth
and fourteenth civil districts in Shelby county,
in which Memphis and Fort Pickering are sit
uated, shall elect Judge of the Criminal
| Court of Memphis, and also an Attorney Gen
eral for said Criminal Court of Memphis; and
the qualified voters of the counties of Shelby,
Upton, Fayette and Hardeman, the fifth, thir-
tecuth and fourteenth civil districts in Shelby
county excluded, shall elect an Attorney Gen
eral for the eleventh Judicial Circuit.
SEC TO- And if there is no newspaper pub
lshed in tho Circuit, the notice of said election
shall be published in some newspaper near the
Circuit, and which circulatcs therein.
SEC. H. Be ufufier enacted. That in vo-
ting for Supreme Judge ofthe State every voter
shall prefix 10 the name of each candidate on
his ticket, the words Eastern, WeStclH or Md
de DiriSiOHS to denote the grand division of
the State for which he desires each candidate
elected. And the person receiving the highest
humber of votes for any divisions shall be de-
clared one of the Judges Of the Supreme Court
of the State of Tennessee.
SEC r. BE it enacted, That should candi-
date for the office of Judge of the Circuit, Com
mon Law and Chancery or Criminal Court or
for the office of Attorney General for any Cir
cult or Criminal Court in the State desire to
contest any election he must, within twenty
DAYS after such election, present q sworn state
ment of the grounds of contest to the Chancel- !
lor of the division in which such election was
held, Or if there be no Chancellor in that divis
ion to the Chancellor of the next adjoining di
vision; whose duty it shall be to appoint day /
of trial not less than 30 nor more than |
so days from the day of such presentation, and |
a place of trial at some point within the circuit !
in which such election was held, which day and |
place of trial must be By him endorsed on such |
statement and a copy of the same be served !
on the person whose election is contested; or
left at his usual place of residence by sheriff
or constable at least twenty days before the tri
al, and returned TO the Chancellor before whom !
the contest is to be tried.
SEC. Is. BE 1t further enacted, That the tes
tmony in such contests may be taken by either |
party by deposition as IN chancery causes up |
on such notice as the Chancellor may make al!
necessary orders in relation to the transmission |
of the ballots given in the election to the place
of trial, or in relation to any other matter re-
quired in such contest
SEC. a. Be further enacted, That after
the Chancellor shall have heard the testimony
and determined the contested election-it shall /
be his duty to send a certified copy of his de-
cison, giving statement of the legal votes
cast for each of the contesting parties, to the
Governor of the State, whose duty it shall be
to issue commission to the person elected.
SEc Is. Be it further enacted, That if the
Chancellor trying the con test shall decide the
election to be void or that each of the two can
didates has received an equal number of votes,
the Governor of the State shall issue "writ of
election to Eli the vacancy.
SEC. I6. Be 1t further enacted, That contests
for the Office of Chancellor shall be tried before
the Chancellor of some division adjoining that
in which the election is held. Contests for the
Office of Supreme Judge shall be tried by one
of the Chancelors in that grand division of the
State in which the incumbent is required to
reside; and contests for the Office of Attorney
General for the State shall be tried before the
&c Al Il, IL 6 |