The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1893-05-04

Of the peace Of the county in which he re-
sldes who will oficiate at the taking Of
2 the the dispositions and when and where they
VIII attend to take the same.
| All notices shall be served at least ten
days before the day designated therein for
me met taxing KIN OF such depesitions, but the time
| nAed Tor the taking of the same shall NOT
exceed forty-fve days from the day Of the
Sec 1s2. Said Justices or either of them
shall issues subpoenas to all persons whose
ties; and said two justices shall take. under
| oatn, all testimony relating to such con-
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. 1S3. II a person whose election is
points not specified in the notice of the
contestant. he shall within ten days after
tne 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 ,s such additional points, and specifying
than ten days later than the time fixed
by the contestant in his notice for taking
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
l.. No testimony shall be taken by said JUS
tices winch does not relate to some poinp
s spec h IN da, said notice, copies Of which
testimony and by them transmitted to the
presiding officer of that branch of the legs-
i lh t,, where the contest is decided, with
the other documents provided for by Sec
ton one hundred and eighty-two.
Sec, Sec: ls4; 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
Of meeting. The speaker Of the house of
representatives shall preside, but when he
elected.
:. The parties to. the contest shall then
t De called by the clerk and if they answer,
3 The contesta ni SHAH al tScn FIRST intro
mony is closed on, both sides, the contest
the contest, and the otfcer-elect may then
proceed, by himself or counsel, to make
h, def, defense and the contestant be heard
ties is concluded, any member of the house
may offer. the reasons for the vote he in
tends to give.
4. The clerk shall keep regular journal
of the proceedings.
s. In deciding the contest the members
votes given shall decide, but no party to
the ae;e contest st shall vote, either upon the final
hs aay
II the contest is in the senate it 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 elec-
ton Of any person declared elected to any
| city OF county office. He shall give notice
thereof in the manner provided in section
one hundred and cighty-one for services OF
such notice.
II the person whose election is contested
desires to offer testimony upon points NOT
specified in the notice Of the contestant.
tn and IN ee
on the contestant specifying such additional
points.
taken as true until proved and which may
be amended il the court under, all the cir
cumstances deem it Just, all testimony
heard and tried by the district court Of
| the proper county in the manner that civil
actions are tried by the court.
Sec. 1885, Said contest relative to city
or county office shall be brought on for
district court in the manner that civil ac-
tions conducted. Said district court at
the next general or special term, after the
expiration of thirty, days after the votes
are canvassed. shall hear and determine
the contest; and the judge Of the said court
in noey nns or pr ec iha term
the votes shall appoint a special term OF
said court, to convene within ten days after
| notice of such contest shall be given to him.
Sec. 1871. When the judgment decision
of the district court in any contest shall be
removed to the supreme court, the party
| court 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
all costs incurred by the respondent in case
the appellant fail on his appeal.
sad ed sna Be
court within fifteen days after the date
Of service Of notice of appeal, and upon per-
brought on for hearing and Determination
before said supreme court at any time when
the same shall be in session, and upon ten
10y- 0Vfx md $1o
saline shall be heard and determined in a
summary manner. Such notice of hearing
may be served during the term or in vaca-
ton.
Sec. 1873. After any contest has been in
stituted, either party to the contest shall
to Inspected for the purpose Of enabling
him to prepare his contest for trial; and.
upon application by such party to the dis
that he cannot prepare his case for trial
without an examination and inspection of
the ballots cast at the preceding election.
parties to the contest. and these to selecp
nation a of said ballots shall be referred.
Provided, that said inspection and
animation shall be had and conducted in
ballots; and provided further that the party
making such application shall 1ile with VIII the
sureties, to be approved by the judge of
| said court, conditioned that he will pay the
cost and expense Of such examination and
J inspection. in the event that he shall fail
| to maintain his contest.
| Should either party to the contest neglect
OF 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
| in the one hundred and Seventy-fourth, the
one hundred and eighty:tirst. or the one
hundred and eighty-hfth sections of this act
written or oral testimony, but no depoSi-
tons shall be read at such trial, unless tho
other party has reasonable notice of the
time and place Of taking the same.
Sec. 100. In any county in which there
is vote for the removal OF the county
seat, or changing the county line of said
county or upon any other subjects zee which
the people. any elector therein may con-
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 to the
| result when the proposition to remove q
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
| any subject submitted as aforesaid.
| Such elector 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 results
of said ~ vote is declared or proclaimed &C I 49,,
last preceding section shall specify the
points on which said election will be con-
tested and a copy thereof shall be filed
with the clerk of the district court of the
service thereof upon a county commissioner;
! and the district court, at its first general
or special term shall near IA ana d ri41n
| evidence of the parties; and depOSitlOnS