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other candi. dates,
court shall order, to pay all costs incurred in the prosecution of his petition, in case he shall not prevail in the
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,
notice, etc. nor more than seven days from the date of the filing 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.
213. At the day fixed for a hearing, in accordance with Presidenthe preceding section, the petitioner shall appear and pro- tial electors, duce his evidence, and every person whose election is appearance.
1893, c. 417, contested may appear and produce evidence on his part. $ 187.
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
fact; burden 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 prosecu. criminate 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
of law and
Court to ad
governor to issue certifi. cate of election.
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. judge which
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 office; cer shall cause its adjudication to be entered of record in such tification to form and manner as it shall direct, and shall forth with governor.
certify its adjudication to the governor; and such adjudielectors, cation so certified shall be final and conclusive that the
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.
214. If a petitioner shall fail duly to appear and ings when
prosecute his petition, according to the requirements of petitioner
said chapter four hundred and seventeen, and of such prosecute
rules and orders as the court shall make thereunder, petition. the court shall adjudge that he has so failed, and 1893, C. 417, shall cause adjudication to be entered of record in such § 188.
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.
215. The costs of all proceedings under said chapter proceed. four hundred and seventeen shall be taxed under the ings.
direction of the court, and if two or more cases are heard Ibid. § 189.
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.
Ibid. § 191.
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.
217. The county commissioners, to whom the copies Returns of of the records of the votes for county treasurer and regis- votes,
county comter of deeds have been transmitted in accordance with the provisions of section one hundred and seventy-nine (one to examine, hundred and seventy-six of this digest) of said chapter etc. 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.
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.
218. Whenever, upon examination of the copies of the When in. records of votes, made in accordance with the requirements complete, of the preceding sections, it shall appear to the governor 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.
board of aldermen of
new returns to be
one or more wards of a
Correction of errors in returns of votes.
Returns of The provisions of law applicable to the filing of the by board of original copies of the records of the votes by boards of
examiners shall apply to the filing of such new copies. Representa 219. If a representative district for the election of reptive district, resentatives in the general court is composed of one
or more wards of said city, the board of election commiscity, elec.
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 ; tion, etc.
and they shall cause to be entered at length in the records 1893, c. 417,
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.
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. forth with 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.
Said board, after having determined, in accordance
with the provisions of the preceding sections, what person general
or persons appear to have been elected to the office of tificates of representative in such district, shall make duplicate cerelection, tificates of election of the person or persons so appearing
to be elected; and they shall, within fifteen days after Ibid. § 198.
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 cer
tificate to the person named therein as elected. Such
certificates of election shall be in substance as follows: Represent. Commonwealth of Massachusetts, county of general Pursuant to a law of this Commonwealth, the qualified court, cer
voters of Representative District Number in their election, several meetings on the
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, Dated at the
in the year one thousand eight hundred and
There shall be printed on every such form, the first four Return of sections of chapter two of the Public Statutes, and this officer, fil.
ing, etc. section 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 so made shall be filed with said board.
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.
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 re.
quirements 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.
number of ballots to be stated in