the returns of tions. treasurer, for the time being, to sue for and recover the penalty aforesaid, for the use of the county. Sec. 33. That the secretary of State, on the twenty-first day Time and man.from the holding such special election, or sooner, if all the rener of opening turns shall be received, in the presence of the governor, for such special elec. the time being, or, in his absence, in the presence of the auditor and treasurer of State, who are hereby required, forthwith to attend at the office of the secretary of State, on notice given by said secretary, and such of the aforesaid sheriffs as shall think proper to attend, shall open the abstracts, and canvass the votes; and the persons having the greatest number of votes shall be declared duly elected; and the governor. for the time being, shall forthwith transmit to them a certificate of their election, as aforesaid. In case of the his deputy may ties under this act. If there be no deputy, the Sec. 34. That whenever it shall so happen that the clerk of any court of common pleas shall die, be absent, or from any caabsence or disa-sualty be prevented from opening the returns of votes at any bility of the clerk elections, it shall be lawful for his deputy to discharge the duperform his duties required of such clerk by law; or if the office of such clerk is not represented by deputy, and such clerk being absent, or in any wise disqualified to serve as aforesaid, it shall be the speassociate judges cial duty of the associate judges of the county in which such election was held, to attend immediately at the seat of justice of said county; and they, or a majority of them, shall there receive and proceed to open all the returns of elections for such county, and perform the same duties that are required of the clerk of the court and justices of the peace. may discharge the duties. Votes being Sec. 35. That if any number of persons greater than the equal, election number of offices directed to be filled, shall be equal in votes, the clerk and judges, or justices aforesaid, shall determine by lot, which of the persons shall be duly elected. determined by lot. Poll books not set aside for want of form. Duties of the clerks of the dif Sec. 36. That no election shall be set aside for want of form in the poll books, provided they contain the substance. Sec. 37. That when two or more counties compose a district, and elect, in common, members. of the General Assembly, one of the judges in each election district, shall carry one of the poll books to the office of the clerk in that county in which ferent counties, the election was held, within the time prescribed by the twentywhere two or first section of this act; and the clerk shall forthwith proceed to elect members of open the returns from the several election districts, in the same the General As manner, and under the same regulations, that the clerks of the sembly in com. original counties are bound to do by this act, and make out fair more counties mon. abstracts of the votes given within the county, under the seal of the court of common pleas, and attested by the clerk, and transmit the same by a special messenger to the clerk's office of the county named for that purpose, of the counties which elect in common, within ten days after the day of election; who shall receive and open the same, in the same manner as returns of election districts, and incorporate the returns from the new county or counties with the returns of election districts of the original county, and make out and deliver to the persons elected, certificates of their election. roner becomes election to fill the . vacancy. Sec. 38. That when any sheriff or coroner shall die, or by When the office any other means be incapable to serve as sheriff or coroner, it of sheriff or coshall be the duty of the associate judges, or any two of them, vacant, the assoof the county where such vacancy may happen, if they, or a ciate judges may majority of them, shall judge that the public interest and the appoint a special welfare of the county require it, to appoint a day, without delay, on which the qualified electors of said county shall meet in their respective townships or districts, and proceed to the election of a sheriff or coroner, (as the case may be,) in the same manner as is directed in the case of the election of a sheriff or coroner; and the returns of such election shall be made to the clerk, and shall be opened and canvassed in the manner provided in this act for elections at the general election. tions for sheriff and coroner in Sec. 39. That when any new county is laid off or erected, it shall be the duty of the associate judges, or any two of them, Associate judges within said county, to appoint a day on which the qualified shall order elecelectors shall meet at the temporary seat of justice, giving at least ten days' notice thereof in six of the most public places in new counties. said county, of such election, and proceed to elect one sheriff and one coroner, in the same manner as is directed in the foregoing sections of this act: except that the return of the votes given for the different candidates hall be made to the associate judges of the said county, or any two of them, who shall give to the two persons who stand highest in votes for the different offices, a certificate of their respective elections; and, in consequence of such certificate, the governor is hereby authorized to Governor to grant commissions to the persons elected, accordingly: and commission per the sheriff or coroner so elected, shall perform the same duties, and shall be liable to the same penalties, as in other cases; and shall continue in office until the next general election, and until another sheriff and coroner shall be elected and qualified, agreeably to law. sons thus elected. Term of office. person having elected, subject Sec. 40. That the clerk and justices, or judges, shall declare Clerk and justi the person having the highest number of votes for sheriff, ces to declare the coroner, county auditor, county recorder, county treasurer, the highest numcounty commissioners and county assessor; and the person ber of votes duly or persons having the highest number of votes for senators or to appeal in case representatives of the General Assembly, duly elected-subject of contest. to an appeal to the court of common pleas of the proper county, in case of the contested election of sheriff, coroner, county auditor, county recorder, county treasurer, county commissioners, or county assessor; and to that branch of the Legislature to which any person may be returned, when an election is contest ed: Provided, Notice of such appeal to said court be entered Proviso, as to nowith the clerk thereof within twenty days from the day of elec- tice of appeal. tion. Sec. 41. That the clerk shall make out for the sheriff, coro- Clerk to give a ner, county auditor, county recorder, county commissioners, certificate of elec ton without fee. county treasurer, and county assessor, and each of the senators and representatives to the General Assembly, who have the highest number of votes given, a certificate of his election, and shall deliver the same to the person entitled thereto, upon deTo be paid for an mand, without fee; and he shall also make out for any candiabstract made for date or elector of his county, an abstract of votes as aforesaid, upon being paid twenty-five cents therefor. a candidate, &e. bing at elections. Sec. 42. That if any candidate or elector, shall directly or Penalty for bri indirectly, give or promise any meat, drink, or any other reward, with the intention to procure his election, or the election of any candidate, he shall forfeit and pay for every such offence, a sum not exceeding five hundred dollars; and if a candidate, be rendered incapable for two years, to serve in the office for which he was a candidate: and if any person shall furnish an elector who cannot read, with a ticket, informPenalty for uning him that it contains a name or names, different from those posing on an which are written or printed thereon, with an intent to induce him to vote contrary to his inclination, he shall forfeit and pay a sum not exceeding one hundred dollars. elector who cannot read Person contest ing the election of a member of the General Assembly, must give notice in 20 days after the election. Sec. 43. That if any candidate or elector of the proper county, or senatorial district, chooses to contest the validity of 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 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 Substance of no- be contested, and the names of two justices of the peace who will officiate at the taking of the 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 Time of service. therein, for the taking the depositions: Provided, That the time fixed upon for taking such depositions, shall not exceed thirty days from the day of election. tice. ses, and certify Sec. 44. That the said justices, or either of them, shall have Justices shall power, and are hereby authorized and required, to issue subsubpoena witnes pœnas to all persons whose testimony may be required by their testimony either of the parties; and the said two justices, when met, shall hear and certify under seal, all testimony relative to such contested election, to the speaker of the branch of the General Assembly where the person whose seat is contested, may be returned, to serve at their next session. to speaker. or district shall contest. Sec. 45. That no person shall contest the election of any None but an elec. senator or representative, unless he is an elector of that county tor of the county or district from which the person is returned to serve: no testimony shall be received by the justices, on the part of the perTestimony must son contesting the election, which does not relate to the point conform to the specified in the notice; a copy of which notice shall be deliverCopy of notice to ed to the said justices, and by them transmitted to the speaker of that branch of the General Assembly where the contest is to peaker. be docided, with the other documents. notice. be sent to the Elections of ly that the testi See. 46. That the method to be pursued in contesting the election of any person declared duly elected sheriff, coroner, county officers county auditor, county recorder, county treasurer, county com- contested as missioner, or county assessor, shall in every respect be similar above, except on to the method directed as aforesaid, to be pursued, in contesting mony shall be the election of senator and representatives to the General As-sent to common sembly, save only that the testimony taken as aforesaid, and all pleas. matters 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 depositions, by the preceding sections; and the said court, of common pleas, at their said first term after thirty days shall tried first term. have expired, shall hear and determine the contest. Contest to be Sec. 47. That the judge who carries the poll book to the Judges returning clerk of the court of common pleas of the proper county, shall poll book to rebe entitled to receive for the same, ten cents per mile, from the ceive 10 cents place of election to the seat of justice, to be paid out of the county treasury. per mile. act. Sec. 48. That if any officer, charged with any duties under Penalty for ne this act, shall refuse or neglect to perform the duties required of glect of any duty him by this act, according to the true intent and meaning there- required by thig of, he shall, on conviction thereof, before any court having cognizance to that amount, be fined in any sum at the discretion of the court, not exceeding two hundred dollars. Sec. 49. That all fines and penalties imposed by this act, ines and pena!and not therein otherwise provided for, shall be recovered with ies recovered by costs of suit in an action of debt, or by indictment for the use of the county. debt or inditt ment. When any re received after Sec. 50. That in all cases where the returns from the different counties, composing congressional districts, shall not have turns of votes for been made, or may not be made within the time required by representative in law, or after the certificate of election shall have been for- congress shall be warded to the person having, without those returns, the highest certificate of number of votes, the secretary of State, in the presence of the election given, governor, or in his absence, in the presence of the auditor and certified to spea Treasurer of State, when said returns shall be made, shall open representatives the same, and the governor shall certify the same to the speak-in congress. er of the house of representatives of the United States. the same to be ker of house of Sec. 51. That the sheriffs of the different counties shall each Sheriff's fees for receive for his services, performed under this act, the following duties under the fees, to wit: foradvertising the election, the sum of fifty cents for act. each township within his county; for delivering the abstracts of votes to the Secretary of state at his office, the sum of two dollars for every twenty-five miles travel to and from the seat of government, the distance to be estimated from their respective seats of, justice, on the most usual rout, to the seat of government; which the State trenst fees shall be allowed by the auditor, on the certificate of the "Y secretary of State, and paid by the treasurer of State. Sec. 52. That the Act regulating elections," passed the 7th day of January, 1824; and the act amending the act, enti To be paid out of 2 pealed. tled "An act to regulate elections," passed on the 9th day of January, 1827; and "An act providing for the election of sheriffs and coroners in certain cases," passed April 13th, 1803; Certain acte re- and the act amendatory thereto, passed January 29th, 1827; and "An act to provide for holding special elections," passed December 27th, 1813; and the second, third, fourth, fifth and sixth sections of an act, entitled "An act to divide the State of Ohio into congressional districts," passed May twenty-third, eighteen hundred and twenty-two; be, and the same are hereby, repealed: Provided, That said repeal shall not in any way or manner affect any right which may have accrued under any of said acts. This act to take effect and be in force from and after the first day of June next. JAMES M. BELL, February 18th, 1831. Speaker of the Senate: consist of four judges. AN ACT to organize the Judicial Courts. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the supreme court shall consist of four judges, who Supreme court to shall have precedence according to the dates of their commissions; but in case either of said judges shall be elected for two or more terms in succession, then he shall take precedence according to the date of his commission for the first of said terms: and when the commissions of two or more judges shall be of the same date, they shall have precedence according to their respective ages; and the judge entitled to the precedence over all others, shall be styled chief judge of said court. Precedence of judges. Who shall be chief judge, Jurisdiction supreme court ori. ginal. Concurrent. Appellate. preme courts may issue. Sec. 2. That the supreme court shall have original jurisdiction of all offences, the punishment whereof is capital; and jurisdiction concurrent with the courts of common pleas in all civil cases, both at law and in equity, where the cause or matter in dispute exceeds one thousand dollars; and appellate jurisdic tion from the court of common pleas, in all civil cases in which the court of common pleas has original jurisdiction. Sec. 3. That the supreme court shall have power, on good What writs su cause shown, to issue writs of habeas corpus cum causa, certiorari, mandamus, prohibition, procedendo, error, supersedeas, habeas corpus ne exeat, and all other writs not specially provided for by statute, which may be necessary to enforce the due administration of right and justice throughout the State, and for the exercise of its jurisdiction, agreeably to the usages and principles of law; and either of the judges of the supreme single judge of court, in vacation, shall, on good cause shown, have power to What writs a |