appeal to the court of common pleas of the preper county, in case of the contested election of sheriff, coroner or county commissioner: Provided, Notice of such appeal be entered with the clerk of the county, within twenty days from the day of election, and to that branch of the legislature to which any person may be return. ed, where an election is contested.

Sec. 28. BE it further enacted, That the Certificate clerk shall make out for the sheriff, coroner, of election County commissioner and each of the senators and representatives to the general assembly, who have the highest number of the votes given, à certificate of such his election, and shall deliver the same to the person entitled thereto, upon demand.

Sec. 29. Be it further enacted, That if any Bribery how person shall, directly or indirectly, give or pro- punished mise any meat, drink or any other reward, with an intention to procure his election, or the election of any favorite candidate, he shall be rendered incapable for two years, to serve in the office for which he was a candidate, and also forfeit and pay for every such offence, a sum not exceeding five hundred dollars. And if any per- Fraud son shall furnish an elector, who cannot read, with a ticket, informing him that it contains a name or names different from those which are written or printed therein, with an intent to induce him to vote contrary to his inclination, he shall forfeit and pay a sum not exceeding one hundred dollars.

Sec. 30. Be it further enacted, That if any Manner of candidate or elector of the proper county, contesting chooses to contest the validity of any election, an election or the right of any person proclaimed duly elected to his seat in the senate or house of representatives, such person shall give notice

Proviso

t.

thereof in writing, to the person whose election he intends to contest, or leave a written notice thereof at the house where such person last resided, within twenty days after the election, expressing the points on which the same will be contested, and the names of the two justices of the peace who will officiate at the taking of depositions, and when and where they will attend to take the same, and such notice shall be served at least ten days before the day pointed out therein for taking depositions: Provided, That the time fixed upon for taking such depositions shall not exceed thirty days from the day of election: And the said justices, or either of them shall have power, and they are hereby au thorised and required, to issue subpoenas to all persons whose testimony may be required by either of the parties, commanding such person to appear and give testimony at the time and place therein mentioned, under the penalty of fifty dollars for every such offence, to be levied on each and every delinquent who hath been duly served with process. And the said two justices when met, shall hear and certify un der seal, all testimony relative to such contest.. ed election, to that branch of the general assembly where the person whose seat is contested may be returned to serve at their next session. No person shall contest the election of any senator or representative, unless he is an elector of that county or district from which the person is returned to serve. No testimony shall be received by the justices, on the part of the per. son contesting the election, which does not relate to the point specified in the notice, a copy of which notice, attested by the person who de livers or serves the same, shall be delivered to the said justices, and by them transmitted to

that branch of the general assembly where the contest is to be decided, with the other docu

ments.

elections

Sec. 31. Be it further enacted, That the me- Manner of thod to be pursued in contesting the election of contesting any person proclaimed sheriff, coroner or county commissioner shall, in every respect, be similar to the method directed as aforesaid to be pursued in contesting the election of senator and repre sentative to the general assembly, save only that the testimony taken as aforesaid, and all matter relative to such contest, shall be sent to the court of common pleas of the proper county, on or before the second day of the term next ensuing the thirty days allowed in which to take depo sitions, by the preceding sections: And the said court of common pleas, at their said first term after thirty days aforesaid have expired, shall hear and determine the said contest.

Sec. 32. BE it further enacted, That within Certificates thirty days after the day of election, or sooner for represen in case returns are received from all the counties, tatives the secretary of state, in the presence of the governor, shall open the returns made to him, and after ascertaining the number of votes given to different persons for representatives to congress, he shall give to the person having the highest number, a certificate of his election; which certificate shall be signed by the governor, sealed with the great seal, and countersigned by the secretary of state.

Sec. 33. Be it further enacted, That the Compensa judge who carries the poll book to the clerk of tion the court of common pleas of the proper county shall be entitled to receive for the same, such compensation as shall be allowed him by the commissioners of the respective counties, to be

paid on the order of such commissioners, out of the respective county treasuries.

Refusal to Sec. 34. Be it further enacted, That if any open returns associate judge, justice of the peace, clerk of the how punish court of common pleas or sheriff, who may open

ed

the returns, charged with any duty under this act, shall refuse or neglect to perform such duty, according to the true spirit and meaning of this act, he shall, upon conviction thereof, before any court where the same may be cognizable, be fined in any sum, at the discretion of the court, not exceeding two hundred dollars.

Fines how Sec. 35. Be it further enacted, That all fines recoverable and penalties imposed by this act, and not herein otherwise provided for, shall be recovered with costs of suit, in an action of debt, or by indictment, for the use of the county..

clause

Sec. 36. And be it further enacted, That art Repealing act, entitled, "An act to regulate elections,' passed the fifteenth of April, one thousand eight hundred and three, and all other laws and parts' of laws that come within the purview of this act, be, and the same are hereby repealed.

Commence ment

This act to take effect and be in force from and after the first day of June next.

ALEXANDER CAMPBELL,

Speaker of the house of representatives.

THOMAS KIRKER,

Speaker of the senate.

February 15th, 1809.

CHAPTER LXIV,

An act to prevent stoned horses from running at

large.

taker up

Sec. 1. Be it enacted by the general assembly Stoned hor of the state of Ohio, That if any stoned horse of ses may be one and half years old or upwards shall be found taken up running at large, out of the enclosed ground of the owner or keeper of the said horse, it shall be lawful for any person to take up such horse, and forthwith give notice thereof to the owner or keeper, and if the said owner or keeper shall not within five days after such notice secure such Duty of the horse, and pay to the taker up, as a compensation for his trouble, the sum of two dollars, it shall be lawful for the said taker up to apply to a justice of the peace, and on making proof, to the satisfaction of the said justice of the peace that the said horse is of the age of one and half years or upwards, and that he was found running at large, out of the enclosed ground of the owner or keeper, and that the owner or keeper of such horse hath received the notice herein above required, and that he hath neglected or refused to pay the aforesaid sum of two dollars to the taker up, and to take away and secure the said horse, it shall be the duty of said magistrate to issue his warrant to a constable of the township, commanding him to sell the said horse at public vendue, to the highest bidder, having first given at least fifteen days notice at three of the most public places within his township, by advertising the time and place of such sale; and it shall be the duty of the said constable to proceed to sell the said horse, for ready money, to satisfy the costs and reward aforesaid, and after deducting two dollars for his M M