The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1880-01-03

lJ) DAYS notice shall he sufficient.
SEC. %. The officer before whom ,lrln~iliuu. are.
taken, shall have power to compel the Irulu, ton Of
papers, and the attendance OF witnesses; and thc same
proceedings may be had to compel the attendance of Wit
nesses as are provided in the cases of taking dispositions
to be used in courts of law and equity.
Sec. 81. A copy of the notice to take dispositions,
with proof of the service thereof, with the deposition.
shall be sealed up and transmitted by mail or otherwise
to the secretary of the Territory, with an endorsement
thereon, showing the names of the contesting parties, the
office contested, and the nature of the papers.
SEC. 55. The secretary of the Territory shall deliver
the copy of the notice deposited with him by the contestant.
and the dispositions unopened to the presiding officer of the
branch of the legislature to which the contest relates, on
or before the second day of its session next after the
receipt of the same; and the presiding officer shall imme-
diately give notice to his house that such papers are in
his possession.
SEC. Sc. Nothing herein contained shall be construed
to abridge the right of either house of the legislature to
grant commissions to take dispositions, or to send for and
examine any witnesses it may desire to hear on such trial,
or to declare the right of membership to their respective
houses.
SEC. 81. The election of any person declared elected
to any office other than member of the council or house
of representatives, may be contested by anyelector of the
county, town, precinct, or city, in and for which the per-
son is declared elected.
Sec. SO. The person desiring to contest such election
shall, within thirty 800 days after the person whose cleo
ton is contested is declared elected, file with the clerk of
the proper court a statement in writing, setting forth the
points on which he will contest the election, which state
ment shall be verified by affidavit in the same manner as
bills in chancery may be verified.
SEC. SO. Upon the filing of such statement, subpoena
shall issue against the person whose office is contested.
ana he may be served with process, or notified to appear
IN the same manner as Is provided in cases of chancery.
SEC. 60. Evidence may be taken in the same manner
and upon like notice as in cases in chancery.
SEC. 81. The cases shall be tried in like manner as IN
cases in chancery.
Sec. go. Any FIVE (5) electors of the county NAV CON
test an election upon any subject which may by law be
submitted to a vote of the people of the county, upon
filing in the district court, within thirty (30) DAYS after
the result of the election shall have been determined. a
written statement in like form as in other cases Of CON
tested elections in the district court. The county shall
be made defendant, and process shall be served as in suits
against the county and like proceedings shall be had as
in other eases of contested elections before such court.
SEC. 63. In case the county board shall fail or refuse
properly to defend such contest, the court shall allow any
one or more electors of the county to appear and defend.
in which case the electors so defending shall be liable for
the costs in case the judgment of the court shall be in
favor of the contestant.
SEC. "a. Thejudgmentoft he court, in cases of~contested
elections, shall confirm or annul the election according to
the right of the matter; or, in case the contest is in rela-
ton to theTelection of some person to an office, shall
declare as elected the person who shall appear to be duly
elected.
SEC. Go. If it appears that two or more persons have
or would have had if the legal ballots cast or intended to
be cast for them had been counted, the highest and equal
number of votes for the same office, the person receiving
such votes shall decide by lot, in such manner as the court
shall direct, which of them shall be declared dulv elected
and the Judgment shall be entered accordingly.
SEC. sc. A certified copy of the judgment of the court
shall have the same effect as to the result of the election rs
if it had been SO declared by the canvassers.
SEC. 81. When the person whose election is contested
IS found to have received the highest number of legal
votes, but the election is declared null by reason of legal
dlsqualltlcatons on his part or for other causes, the PERSON
receiving the next highest number of votes shall not be
declared elected, but the election shall be declared void.
SEC. 6S. In all cases of contested elections in the dis
trict courts, appeals may be taken to the supreme court
in the same manner, and upon like conditions as is
provided by law for taking appeals in cases IN chaycerv
from the district courts.