Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1880-04-01
LAWS OF WISCONSIN.
[FubliShed March q. 1850. ]
CHAPTER 23I

CHAPIEk 81
AN ACT rel ating to writs of mandanus and pra-
bibltion and anendatory of Sc ton thrIe Ihsus-
and four hundred and ffty-two OF tns revised
statutes OF 1873.
In senate and assembly. do enact as follows:
Section l. Section three thousand four hundr Ell
eight OF the revised statutes of 1873 entitled 'ot
wrltS OF mandamuS and prohibition" is hereby
at the end thereof the f6Iiowiss words. fSeWit:
In any proceeding of msndamus against The board
preme court. TO compel the execution and deliy-
cry OF certifcate OF election TO any person
member of the legislature of this state. of mem
of the Tinted States or of mreSde9fia 1
the qualified electors of this state at any general
law. the court may. If it is deemed necessary to
promote the ends of justice. inquire the facts
turns. and determine who in fact entitled to
the certificate of electi6n TO such office by the
greater number of legal votes cast for the same,
and the certificate issued in pursuance of such
lawful certificate of election to such Office aud
any other certificate of election to the same Office
void and such issue OF fact may be tried as here
tnbefore provided, or according 10 such rules and
said section shall read rs follows: Section 3452.
S Issues OF tact IN any such proceeding Instituted In
court in the county within which the material
shall be alleged to have taken place; or in such
other county as the supreme court for cause
court before which such issue of fact is ordered
be tried, may try the same at special we'll
general term, and shall have power to summon q
jury for that purpose when necessary and pre-
scribe the manner of Summoning the same. And
when such writ of mandamuS snail be issued by
circuit court any issue of fact therein may in
like manner be tried at u special general term
and the court may summon jury in like manner
Tor the trial thereof. In any proceeding of man
damuS against the board of state. district coun
ty canvaSSerS i'll the supreme court, to compel the
execution and delivery of certificate of election
to any person claiming to have been elected to the
Office Of member of the legislature of this state
OF member of the house of representatives of the
congress of the United States. of presidential
eiectOr. by the qualified electors of this state at
any general or special election for the same pro-
vided for by law, the court may, If 1t is dePned
necessary TO promote the ends of justice inquire
into the facts of such election irrespective OF the
election returns. and deteimine who was in fact
entitled to the certificate of election to such Office
by the greater number of legal votes cast for the
same and the certificate issued in pursuance of
such determination. shall be taken as the true and
only lawful certificate of election to such office.
and any other certificate of election the same
office issued by the board of canvaSsers, shall be
null and void and such issue of fact may be tried
as hereinpefore provided or according to such
rules and regulations as the court may prescribe.
Section 2. This act shall take effect and be in