The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-07-06
ARTICLE VIII.
How Elections may be Contested.

3s7. If it shall appear to the senate or
house OF representatives, that any person
returned to either house, as a member, has
obtained his election by bribery, tumult, or
fraud, he shall be expelled, and the cause of
such expulsion shall be entered in he jour
nal of the house of which the person shall
be returned a member, and the seat of such
person shall become vacant.
3SS. Contested elections for senators
and representatives, shall be determined by
the house to which the person, whose seat
is contested belongs; and such house, or any
committee appointed to investigate the fact
shall have power to compel the attendance
of witnesses, and the production of such
documents or papers as they may require !;
and such house shall have power to award
the seat to the person cOntesting, or to
declare the same vacant, as the case may
require.
3S9. The person contesting the seat of
any member of the senate or house of rep
resentatives, shall, within thirty days after
the election. serve notice, in writing, upon
such member, stating particularly the
grounds upon which such election is contes-
ted; and, thereupon, either party may
proceed to take the dispositions or witnesses,
before any justice of the peace in the district
or county, as convenient as may be to the
residence of the witnesses which deposi-
tions shall be read as evidence before the
senate or house of representatives, as the
case may be; provided, the opposite party
snail nave L6n Jays 0OLicc Oh Tue LlI0e anu
place of taking the same.
800. Elections of governor, lieutenant
governor, secretary of state, auditor, treasu-
rer. and attorney general, and superintel-
dent of public instruction, may be contested
by petition TO the legislature, signed by one
hundred electors at least, setting forth the
grounds on which the said election is con-
tested: and, thereupon, the two houses shall
meet in joint convention, and shall appoin :,
by ballot, a committee, TO consist of four
members of the senate, and seven members
of the house of representatives. who shall
take into consideration the said petition,
and shall have power to compel the atten-
dance of witnesses, and the production of
papers; and when said committee shall
have reported to their respective houses, the
two houses shall again meet in joint cOnven-
ton TO consider said report; and If it shall
appear that the governor, or other Of said
officers elect obtained his election by bride
~, tumult, or other illegal or improper
means, his Office shall be vacated; and.
thereupon. the governor, or president ofthe
senate, shall issue writ of election, direc-
ted to the snerifs of the proper counties,
recurring an election to be held at such time
as may be therein specified. TO supply such
vacancy; and in case the office of governor
shall be declared vacant as Aforesaid, the
legislature may be adjourned, TO some con-
venient time, to receive and count the votes
for governor, given at such special election.
391. ANY person desiring to contest the
election of any person returned as elected
to any Office. within any county in this
state. may. within twenty days after the
election, file petition before any justice OF
| the peace, OF such county, setting forth the
grounds upon which said election is contes-
| ted; and the justice shall, thereupop, issue
| summons TO the party whose election il
| contested. returnable instanter. which sum
mons shall be served as in other cases; and
| the justice shall cause an issue TO be made
| up and tried by jury, and the verdict Of
| the jury shall specify the person having the
greatest number of legal votes, at such cleo
ton. Ii the jury shall find against the
/ person returned as elected, the justice shall
Issue certificate thereof, and the person In
whose favor the jury shall find, shall b
| commissioned by the governor; and each
party shah be allowed ten peremptory
challenges; aud in case the election Of any
/ district attorney be contested, the petition
for that purpose may be filed In any ada.
cent county, of an adjoining district, ant
| like proceedings shall be had thereon, as IL
the case of county officers. Either party
shall have the right of appeal 20 the mex
I term of the circuit court, and both partie
shall have the same right OF challenge n
/ provided In this section for the proceeding
In the justices court