Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1893-05-11

sides who will oficiate at the taking of
, the dispositions and when and where they
will attend to take the same.
All notices shall be served ab least ten
days before the day designated therein for
fixed for the taking Of the same shall not
exceed forty-fve days from the day Of the
Sec. 1872. Said justices, or either OF them,
shall issues subpoenas to all persons whose
testimony. is required by either Of the par
ties; and said two justices. shall take, undes
tested election and certify the same under
seal to the presiding officer, in that branch
OF the legislature where the person whose
seat is contested is returned to serve at the
next session.
Sec. 1873. If a person whose election is
contested desires to offer testimony upon
contestant, he shall within ten days after
the contestants notice is served upon him
as aforesaid, serve upon said contestant in
the manner provided in section one hundred
and eighty-one OF this act a notice specify
ing such additional points, and specifying
a place and day (Which shall not be more
by the contestant in his notice for taking
depositions) ct which time testimony there
in Will be taken before two justices of the
same county, which notice shall be served
at least ten days previous to the time OF
taxing such testimony.
No testimony shall be taken by said ju--
tees which does not relate to some poEa.~
specified in said notice, copies Of which
shall be delivered to the justices taking
testimony and by them transmitted to the
presiding officer Of that branch Of the legis-
lature, where the contest is decided, with
the other documents provided for by sec
ton one hundred and eighty-two.
Sec. 1874. In conducting any contested
election in the house Of representatives,
the following rules shall be observed:
l. On the day and at the hour appointed
for that purpose, the house. with proper
officers. shall assemble at the usual place
representatives shall preside, but when he
& q tom Sh a %
elected.
=. The parties to the contest shall then
be called by the clerk, and, if they answer,
their appearance shall be recorded.
). The contestant shall then first intro
duce his testimony. and, after the testi-
mony is closed on both IT, sides the contest
the contest, and the officer-elect may then
proceed. by himself or counsel, to make
his Defense and the contestant be heard
in reply. After the argument of both par
ties is concluded, any member of the house
may offer the reasons for the vote he liz
tends to give
4. The clerk shall keep d regular journal
of the proceedings.
8. In deciding the contest the members
shall vote viva voce, and the majority Of the
votes given shall decide. but no party to
the contest shall vote, either upon the final
decision Or upon any preliminary question
that has reference thereto.
If the contest is in the senate 1t shall
proceed as nearly as may be according to
the rules above prescribed.
Sec. 1S5. Any candidate or elector Of the
proper. city or county may contest the cleo
ton of any person declared elected to any
city or county office. He shall give notice
thereof in the manner provided in section
one hundred and eighty-one for services Of
such notice.
If the person whose election is contested
desires to- offer testimony upon points not
specified in the notice OF the contestant,
he shall, in the manner provided in section
one hundred and eighty-three, serve notice
on the contestant specifying such additional
points.
Upon such notices, which are not to be
taken as true until proved and which may
be amended if the court under all the cir
cumstances deem it Just, all testimony
shall be taken as in civil actions. and all
matters relating to said contest shall be
heard and tried by the district court Of
the proper county in the manner that civil
actions are tried by the court.
Sec. 1856. Said contest relative to a city
or county office shall be brought on for
hearing and the costs therein taxed by said
district court in the manner that civil ac-
tons are conducted. Said district court at
the next general or special term, after tina
are canvassed, shall hear and determine
the contest; and the judge of the said court
in case no general or special term occurs
the votes, shall appoint 4 special term OF
said court, to convene within ten days after
notice Of such contest shall be given to him.
Sec. 1877. When the judgment or decision
Of the district court in any contest shall be
removed to the supreme court, the party
removing the same shall file in the district
court q bond to the opposite party, in such
sum not less than five hundred dollars, and
with such sureties as shall be approved by
the judge, conditioned for the payment OF
the appellant fail on his appeal
sets tie reesa S and 1Redd" Sna tie s. s
of service of notice Of appeal, and upon per-
fecting said appeal the same may be
brought on for hearing and determination
the same shall be in session, and upon ten
days notice from either party: and the
same shall be heard and determined in /.
summary manner. Such notice of hearing
H tioR: 10 S'l''O OO''DS TIC ''lDl u ~ '''A
Sec. 1855. After any contest has been in
have the right to have the ballots referred
to inspected for the purpose Of enabling
him to prepare his contest for trial; and,
tr :i court court upon verified petition, Stating
that he cannot prepare his case for trial
without an examination and inspection OF
the judges of said court Shall appoint three
persons, one to be selected by each Of the
parties to the contest, and these to select
a third, to whom the inspection and exam
ination of said ballots shall be referred.
Provided, that said inspection and ex-
animation shall be had and conducted in
the presence Of the proper custodian Of the
ballots; and provided further that the party
making such application shall file with the
clerk Of the district court bond in the sum
of two hundred and fifty dollars, with two
said court. conditioned that he will pay the
cost and expense Of such examination and
inspection. in the event that he shall fail
to maintain his contest.
Should either party to the contest neglect
or refuse to name the persons to whom said
inspection shall be referred, on his part:
such person shall be selected and appointed
by the judges of the district court to whom
the application is made.
Sec. 1S9. On the trial of any contested
election for any of the Offices named ned
one hundred and eighty-frst, or the one
hundred and eighty fifth sections of this acb
the parties to the contest may introduce
tons shall be read at such trial, unless the
other party has reasonable notice Of the
time and place Of taking the same.
is vote for the removal of the county
seat, or changing the county line Of said
county, or upon any other subjects which.
by law may be submitted to the vote of
test the validity Of such election as to the
right Of the place declared to be selected for
the county seat to be such; or as to the
county seat is declared defeated, or as to
any county line declared established by said
vote Or as to the result Of any vote upon
Such eector shall give notice in writing
of such contest to the county commissioners,
or one of them, in the county in which
said notices personally upon. said commits
sioners within thirty days after the result
Of said vote is declared or proclaimed:
last preceding section shall specify the
points on which said election will be con-
tested and a copy thereof shall be n1eer
with the clerk Of the district court TO OF n.
service thereof upon county commissis@Ea
and the district court, at its first general