court shall order, to pay all costs incurred in the prosecution of his petition, in case he shall not prevail in the same. The court shall thereupon fix a day for the hearing Day for of the petition, which day shall be not less than three days hearing, nor more than seven days from the date of the filing notice, etc. thereof; and shall order due notice of the hearing, containing a short statement of the substance of the petition, to be given, in such manner as it may direct, to the governor and to every person whose election is so contested. The court shall likewise order such notice to be published in at least one newspaper in each county to be designated by the court. pro tial electors, 213. At the day fixed for a hearing, in accordance with Presidenthe preceding section, the petitioner shall and appear duce his evidence, and every person whose election is appearance. contested may appear and produce evidence on his part. 1893, c. 417, § 187. other candi dates. of law and fact; burden A petitioner or other party may appear himself or by his of petiauthorized agent or attorney, and no other person shall be tioner and made a party to the proceedings on such petition, or be heard thereon personally or by counsel, except that if more than one petition is pending, or the election of more than one person is contested, the court may order the cases to be heard together or apart, as in its judgment may seem best. The court shall thereupon hear the case or Determinacases, and finally determine all questions of law and fact tion of involved. The burden of proof in every case shall be questions upon the petitioner, and the hearing shall be confined to the grounds stated in the petition, which shall not be of proof; amended after the petition has been filed. No ex parte evidence. affidavit shall be competent evidence in such hearing. No Witnesses, person shall be excused from testifying or producing papers not to be or documents therein on the ground that his testimony or excused, the production of the papers or documents will tend to to prosecucriminate himself; but no person so testifying shall be tion, etc. liable to any suit or prosecution, civil or criminal, for any matter or cause in respect of which he shall be so examined or to which his testimony shall relate. The court Powers of shall have the same power to compel the attendance of the court. witnesses which it now has in suits at common law, and not liable Court to adjudge which office; cer governor. shall have power to make such rules and regulations, not inconsistent with the provisions of said chapter four hundred and seventeen, regarding the conduct of the proceedings, as it may deem proper, and, in general, shall have all power necessary to the complete exercise of the authority conferred upon it by said chapter. The court shall adjudge in each case which of the parties party is en- to the proceedings is elected to the office of elector, and titled to shall cause its adjudication to be entered of record in such tification to form and manner as it shall direct, and shall forthwith certify its adjudication to the governor; and such adjudiPresidential electors, cation so certified shall be final and conclusive that the governor to person, therein declared to have been elected, is duly elected; and the governor shall forthwith issue to such person a certificate of his election, reciting in such certificate that it is issued pursuant to adjudication under said chapter four hundred and seventeen. issue certifi cate of election. Proceed ings when petitioner fails to prosecute petition. $188. 214. If a petitioner shall fail duly to appear and prosecute his petition, according to the requirements of said chapter four hundred and seventeen, and of such rules and orders as the court shall make thereunder, the court shall adjudge that he has so failed, and 1893, C. 417, shall cause adjudication to be entered of record in such form and manner as it shall direct, and shall forthwith certify such adjudication to the governor; such adjudication of the court shall be a final and conclusive bar to the claim of the petitioner as fully and completely as if his claim had been heard and determined on its merits; and the governor shall forthwith issue a certificate of election to the person whose election was contested by the petitioner. Costs of proceed. ings. Ibid. § 189. 215. The costs of all proceedings under said chapter four hundred and seventeen shall be taxed under the direction of the court, and if two or more cases are heard together, the costs shall be apportioned between them by the court. In every case in which the petitioner shall not finally prevail, such costs shall be paid by him; and in every case in which the petitioner shall finally prevail, the costs shall be borne by the Commonwealth and shall be paid out of the treasury of the Commonwealth. 216. The final hearing and determination under this Power and act shall be by a majority of the justices of the supreme authority of justices. judicial court, but any single justice thereof may exercise 1893, C. 417, any other power and authority given to the court by said chapter four hundred and seventeen. $ 190. 217. The county commissioners, to whom the copies Returns of of the records of the votes for county treasurer and regis- votes, ter of deeds have been transmitted in accordance with the county com. missioners provisions of section one hundred and seventy-nine (one to examine, hundred and seventy-six of this digest) of said chapter etc. Ibid. § 191. four hundred and seventeen, shall, on the first Wednesday of the month next succeeding that in which the election for said officers was held, open and examine such copies, determine what persons appear to be elected to such offices in accordance therewith, and they shall issue certificates of election to the persons so appearing to be elected. The Notice to county commissioners shall also give notice to the secre- secretary. tary of the Commonwealth, of the name and residence of every person so elected, and the period of his term of office. board of In the county of Suffolk the board of aldermen of the Returns of city of Boston shall, within ten days after the election of votes, proregister of deeds for said county, in like manner open and ceedings of examine the copies of the records of the votes for that officer, determine what person appears to be elected, and Boston. issue a certificate and give notice as above provided. Waldermen of new re 218. Whenever, upon examination of the copies of the When inrecords of votes, made in accordance with the requirements complete, of the preceding sections, it shall appear to the governor turns to be and council, to the board of examiners, or to the county made, etc. commissioners, that any such copy is incomplete or Ibid. § 193. erroneous, the body so making the examination may order a new copy of the records to be made, and transmitted in manner provided for making and transmitting the original copies; such new copy shall be transmitted by the board of election commissioners within seven days after the date of the order requiring the same to be made, and if found to be correct, and in conformity to the requirements of law, shall thereupon have the same force and effect as an original copy correctly made and transmitted. Returns of The provisions of law applicable to the filing of the votes, filing by board of original copies of the records of the votes by boards of examiners shall apply to the filing of such new copies. examiners. Representa 219. If a representative district for the election of reptive district, resentatives in the general court is composed of one one or more or more wards of said city, the board of election commis wards of a city, elec. examina tion, etc. sioners shall forthwith examine the records of the votes tion record, for the office of representative, shall determine what person or persons appear to be elected in accordance therewith; and they shall cause to be entered at length in the records of the city, the names of all persons for whom votes for representatives were given in the district, and the number of votes given for each such person. 1893, c. 417, $194. Correction of errors in returns of votes. 220. Said board, when examining the copies of the records of the votes for the office of representative in a representative district, shall, if any error appears therein, Ibid. § 197. forthwith give notice of such error to the election officers by whom the error is made; and such election officers shall forthwith make under oath a new and additional record in conformity to the truth, and transmit a copy thereof to said board. Any additional copy of the records made by the election officers shall be examined by said board if received by them within ten days from the time appointed for their meeting. Represent ative in general court, cer election, issue. Ibid. § 198. 221. Said board, after having determined, in accordance with the provisions of the preceding sections, what person or persons appear to have been elected to the office of tificates of representative in such district, shall make duplicate certificates of election of the person or persons so appearing to be elected; and they shall, within fifteen days after the day of the election, transmit one of such certificates to the secretary of the Commonwealth, and shall, by a Transmis constable or other proper officer, transmit the other certificate to the person named therein as elected. Such certificates of election shall be in substance as follows: Commonwealth of Massachusetts, county of Pursuant to a law of this Commonwealth, the qualified voters of Representative District Number several meetings on the sion. Representative in general court, cer tificate of election, form. in their day of November in stant, for the choice of representatives in the general court, did elect being inhabitants of said district, to represent them in the general court, to be holden on the first Wednesday of January next, day of year one thousand eight hundred and in the ing, etc. There shall be printed on every such form, the first four Return of sections of chapter two of the Public Statutes, and this officer, filsection and section two hundred and seventeen (omitted in this digest) of said chapter four hundred and seventeen. Every constable or other officer transmitting such certificate shall make a return to the officers from whom the same was received, stating that such certificate was duly delivered to the person mentioned therein as elected, and his return sọ made shall be filed with said board. etc. 222. Said board shall, within fifteen days after the Return of day of an election in said city for representative in votes to the general court, transmit to the secretary of the Com- secretary, monwealth an attested copy of the record of votes cast 1893, c. 417, for all candidates for said office in each voting precinct § 199. of said city. number of ballots to be stated in 223. In all records of votes cast at elections, and in all Whole copies of such records, the whole number of ballots given shall be distinctly stated in words at length, but an omission so to state the whole number of ballots given shall records, etc. not render a record or copy thereof invalid in any case in Ibid. § 200. which the true result of the election can be ascertained from other parts of the record or copy, or by a recount made in conformity with the provisions of law. 224. No violation, by a public officer or election officer, Violation of of the requirements of said chapter four hundred and certain requirements seventeen relative to providing ballot boxes, blank forms not to affect, and other apparatus, and the care and preservation thereof, and relative to the manner of canvassing and counting Ibid. § 201. votes, shall invalidate any record, or copy of a record, or certificate duly made by said board or by a precinct clerk, or affect the title of any person who is duly declared to be elected to any office. etc. |