Year: 1867

An Act in addition to An Act entitled s'An

 Act relating to Electors and Elections

 Be it enacted by the Senate and House of Repre- 3entahycs in General Assembly convened:

 Sec. l. l.sWheneVer any person shall claim to have heen duly and lawfully elected member of either house of the General As sembly, and shall have been refused cer- tifcate of election thereto, he may apply to the superior court within and for the county within which he claims to have been elected, or if in vacation, to either judge of the superior court, for the appoint ment of a committee to take testimony re- lative to the right of such contestant to such certificate of election, pro1ided that before such court or judge shall make such appointment, 1t shall be made to appear that reasonable and not less than two days notice of such application, in writing sign ed by the applicant or by his attorney, has been given to the person who shall have re- ceived such certificate of election, or if no person has received certificate of election to the person or persons who shall have re- celved an equal or greater number of votes than the applicant. And such court or judge, on finding that such reasonable mo- tlce has been given to such adverse party or parties, shall proceed to appoint com mlttee of two persons, who shall not be res idents of the same same town with the ap- plicant, If he claim to have been elected 3 representative. nor of the same senatorial district, If he claim to have been elected a senator, which committee after being sworn to execute truly, faithfully and impartially the duties of their appointment, shall ap- point a time and place when and where they will meet for the performance of their duties, and shall give reasonable notice to the partias thereof; and at such time ap- pointed as aforesaid, said committee shall proceed to take such testimony as may be offered in behalf of the parties, they shall have power to administer and shall admin /! ister'the oath to witnesses. and shall have power to adjourn, from time to time, and from place to place, for reasonable cause shown. They shall in all cases seal up the testimony so taken, certify the same in the same manner as dispositions are required l by law to be certified endorse on the envel- ope the names of the parties and the names of the witnesses examined, with such other particulars as shall indicate the cause or matter in respect to which such testimony is taken, and shall as soon as practicable, after the taking of the same is completed deposit the same in the office of the Secre- tary of State, to be by him delivered to the presiding officer of that house of the Gen. eral Assembly in which controversy is pen- ding. And for such services such commit tee shall be entitled to receive the sum of five dollars per day for the time actually and necessarily employed in such service, together with their actual expenses. to he paid by such persons so contesting his right.

 ] Sec. 2 No person having been refused such certificate of election shall have the right to make such application, nor to be heard Tn eithe house of the General Assem- ply In support of his claims of seat there ID, unless he shall give notice of such ap pllcatlon within one week after the vote in his case shall have been officially counted and declared, or unless, reasonable cause te the satisfaction of the house in which he claims seat, for the delay, nor shall any ; person have the right to be heard by wit