The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-08-12

DOluLeu ny Iue SOFeTuOi, ounii OS o"OiDi
truly and faithfully to discharge to du-
ties required of him by this act, and he
shall within ten days after being notified
of MS appointment, proceed to the office
of the probate judge of said county aud
having notified the coDtestors, verbally
or otherwise, of his presence, shall pro-
coed at said Office and at such other
places in said county as he shall in the
further discharge of his duties, fad to
be convenient and conducive to he ends
of justice, to examine all such witnesses
and take their testimony in writing as
shall be produced or brought before
him, touching the validity of +he votes
cast at election, upon the question of the
adoption of said law, and touching the
validity of the result Of said election
upon said question and said commission
er may cause to be taken, or may per
sonally take ii writing as aforesaid, the
depositions of persons, such as he may
deem to be material in the determination
of said contest at any place out OF said
county, in such manner and before such
authority as he may prescribe. And
for these purposes said commissions is
hereby vested with fully and competent
power aud authority to administer oath
TO witnesses, and issue process of sub
poena and attachments to compel the
9vJeodance of witnesses and to infict
punishment for contempt thereof as may
&c done by officers authorized to take
depositions in civil actions, aud said
commissioner in executing his duties
pursuant to this act shall hold open ses
sions, and he is hereby further vested
with full power to preserve order whilst
in the execution of his commission aud
to punish for c%ontempts in the same men
ner as courts of justice are by law au-
thorized to do, whilst in sess; on and for
these purposes be shall have the right
command the services Of the sheriff and
other ministerial officers of the county,
and may also employ the assistance of
such clerks as-may be necessary to re-
duce to writing the evidence to be taken
under his supervision.
Sec. 5. 1t shall be the duty of said
Commissioner to close his duties in tax
ing testimony as aforesaid within forty
days after he shall have reached tho of
fee of the Probate Judge az above pro-
fINCOy abu II Cff0cUCC tdhcH DtiOFc
him or by his direction, as herein above
provided, shall be properly certified By
him and sealed up aud filed in the ofice
of the Clerk Of the Court of Common
Pleas of said county properly endorsed
by said Commissioner, Indicating that
the package contains the evidence taken
upon said contest: and upon being so
filed, said Clerk of said Court shall en-
ter the case upon the appearance and
trial dockets of said Court in its proper
order with other cases. And it shall BE-
the duty of said court of common pleas,
or the Judge thereof,for the sub district
IN which said county is situate at the
next regular term of said court, or at
any earlier time in his discretion, to
cause said package to be opened, and to
be preserved and kept in said Office, IN
| IS otherwise ordered by the Court or
Judge, for the use and inspection of the
parties to said contest and their counsel.
SEC. 6. At the said next term of said
Court. or any earlier day if 50 ordered
by said Judge, the matter of sid contest
shall be brought to a final hearing be-
fore said Ceurt or Judge, upon the law
applicable to he case, aud the evid,n @
TO be taken and fled as aforesaid no part
of which shall be rejected or ovcrrulcd
by reason of any mere technical otjec
ton to the form or manner of taking or
certifying the ame And if, upon the
hearing of the matter of said contcs',
the Court or Judge hearing the same
shall fluid that illegal votes were cast at
said election upon the said question sub
mitted for the adoption Of such law, by
reason whereof or for any other reason
to be found by said Court or Judge, the
result of said election or vote, upon the
adoption of said law, as the same shall
have been returned or certified is con-
trary to what it would have been, bu' f /
such illegal votes or other reasons so to
be found il shall be the duty Of said court
OF Judge to enter and certify the same
accordingly on the records OF said Court.
And if sail Court or Judge, upon such
hearing shall fud that the result Of said
or vote would not by reason of
votes or any other Sufficient cause
affecting its legality have been contrary
to the return thereof as certified, said
Court or Judge, shall certify aud euter
the same of record accordingly. And if
upon such finding by said Court OF Judge
it shall appear that a majority of all the
voting at said election voted in
of adopting said law then and in
case and not otherwise the said law
shall be taken and held to be adopted.
SEC. 7. 1t shall be competent for said
Court or Judge. for sufficient cause, to
continue the hearing of said contest,
from time to time till the same can be
disposed of; and if the result of
said election or vote which shall be drawn
question by said contest, shall not be
changed by the iual order or certificate
of the Court or Judge to be made rs
then and in that case, the costs
and expenses of said contest which shall
be taxed by the Clerk, subject to the
of the Court, shall be adjudged
against the coUtestors but if said result
shall be changed by said final order or
certificate then aud in that case said costs
and expenses shall be paid out of the
treasury of said county, out of
any moneys not otherwise appropriated;
and there shall be allowed to sail Com.
missioner for his services to be taxed as
costs, the sum of five dollars per day,
for such time as he may have been en-
in said business, and two dollars
per day to all Clerks employed to re
duce the testimony to writing.
SEC. 8. 1t shall be lawful for any
IF the county to appear as COL
in any such case, aud said Com
issiouer shall cause subInnas to be is