CHAPTER VI.

OF CONTESTING ELECTIONS.

Rev. Stat. 222, Sec. 42. "When any candidate shall desire to contest the validity of any election, or the right of any person declared duly elected, to hold the office to which such candidate claims the right, such candidate shall give notice of his intention in writing, to the person whose election he intends to contest, or leave a notice thereof at his usual place of residence, within thirty days after the day of election, expressing the points on which the same will be contested, the name of one of the justices of the peace who will attend at the taking of the depositions, the place where, and the time when said depositions will be taken; which time so fixed upon for the taking of the depositions, shall not exceed sixty days from the day of election.

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Sec. 43. The party whose election is contested, may select another justice of the peace to attend at the trial. Should the party whose election is contested, refuse or neglect to select a justice, as aforesaid, the justice chosen by the person contesting the election, as aforesaid, shall make such selection for him. The two justices so elected or chosen, shall make choice of a third justice; and if they cannot agree upon a third justice to act with them, they shall make such selection by lot; and the three justices thus selected, or either of them, shall have power, and they are hereby authorized and required, to issue subpoenas and such other process as may be necessary to secure the attendance at such trial, of all persons whose testimony may be required by either party, in the same manner as is provided in other cases of proceedings before justices of the peace.

"Sec. 44. The said justices, or any one of them, shall, in all such cases, have power to issue subpoenas for witnesses to any county in this State, directed to the sheriff of such county, who shall make service and re

turn as in other cases. And any witness, duly subpoenaed, refusing or neglecting to appear and testify, shall, in addition to the penalties otherwise imposed by law, forfeit and pay a fine of fifty dollars, to be recov ered by action of debt, in any court having cognizance thereof, one-half to the county, and one-half to the person suing for the same.

"Sec. 45. The said justices, or any one of them, may issue attachments for witnesses so neglecting or refusing to attend, who may be brought before them; and at any time before the day for the decision of the question between the contesting parties, the said justices shall, at the request of either, after giving notice to the other party of five days, if resident in their county, or ten days, if residing out of their county, proceed to take the testimony of such witnesses, to be used in the case.

"Sec. 46. If any justice of the peace selected, as aforesaid, to attend at the taking of the depositions, shall, without reasonable excuse, fail or refuse to attend at the time and place appointed, after having undertaken to attend, he shall forfeit and pay a fine of fifty dollars, to be recovered by action of debt, in any court having cognizance thereof, one half to the county, and the other half to the person who will sue for the same.

'Sec. 47. The said justices shall hear and examine all the evidence offered on either side. If the contest be respecting any county office, they shall decide which of the said candidates shall have been duly elected, and certify the same to the clerk of the county commissioners' court of the proper county, who shall thereupon make out and deliver to the successful party a certificate of his election. If such contest be respecting a seat in the Senate or House of Representatives of this State, the said justices shall hear and reduce to writing, all the testimony taken in the case, and certify and transmit the same under seal, together with all other papers and documents pertaining to the case, to the speaker of the Senate or House of Representatives, as the case may be.

"Sec. 48. No testimony shall be heard by the said justices on the part of the person contesting the election, which does not relate to the points specified in the notice. Such justices shall have power to appoint a clerk, and may adjourn from day to day, until their duties shall be completed. They shall have the same power to preserve order, and to punish disorders and contempts, as justices of the peace may exercise, when holding court.

"Sec. 49. In all contests for county offices, in which the justices hearing the case are authorized to decide, they shall enter judgment on

the docket of the justice last chosen, for all the costs of such contest, against the unsuccessful party, upon which execution may issue as in other cases. Either party may appeal from the decision of such justices to the circuit court, as in other cases of appeal from the judgment of a justice of the peace, the decision of which court shall be final.

"Sec. 50. In all contests other than for county offices, the proceedings for taking testimony hereinbefore provided, may be had in such county in which it is necessary to take testimony, and the like returns shall in each case be made. In those cases in which the justices examining, do not decide the contest, they shall not be compelled to certify or transmit the testimony and documents pertaining to the case, until the reasonable costs of the examination and of certifying the same, are tendered or paid; and the party who is finally unsuccessful shall be liable for such costs, to the person who shall have paid the same. But if neither party shall require or cause such testimony and documents to be transmitted, then judgment may be entered and execution had, as before provided, against the party at whose instance such examination was instituted.

Form of Notice to be given by candidate desiring to contest an election.

Sir: You will please take notice that as a candidate for the office of county judge, at the late election for the county of in the State of Illinois, I intend to contest your right to hold and exercise the office of county judge of said county, and that the following are the points upon which your election will be contested, to wit: (Here state the points.) And that L. M., Esquire, one of the justices of the peace of the said county of will attend at the trial of such contest, on the

day of

in

said county, in pursuance of the statute in such case made and provided. Dated this day of, 18-.

To Mr. C. D.

Yours, &c. A. B.

If depositions are to be taken, the time and place of taking the same should be set forth in the notice.

Form of Subpoena for Witnesses.

STATE OF ILLINOIS,

SS.

The People of the State of Illinois to G. H. and J. K.

You are hereby commanded to appear before the undersigned, three justices of the peace of said county, on the

day of

instant,

at

o'clock M., at the office of L. M., in

in said county,

to testify the truth, according to your knowledge, touching the matters relative to contesting the right of C. D. to hold and exercise the office of county judge of said county by A. B., on the part of the said A. B., and this you are not to omit. Given under our hands and seals, this

day of

18-.

Form of Oath to be administered to Witnesses.

You do swear, that the evidence you shall give touching the matters relative to the right of C. D. to hold the office of county judge, of Lake county, contested by A. B., shall be the truth, the whole truth, and nothing but the truth.

Form of Certificate of Election, or Record of Proceedings by Justices.

Be it remembered that we, L. M., N. O., and P. Q., three of the justices of the peace of the said county, were duly named, elected and chosen to attend on the

day of

noon, at the office of L. M., in

instant, at

o'clock in the

in said county, at the trial of

the right of C. D. to hold and exercise the office of county judge of the

said county of contested by A. B., a candidate for the said office at the last election, in the following manner: that the said L. M. was named and selected by the said A. B., that the said N. O. was selected by said C. D., and that the said P. Q. was chosen (or "selected by lot,") by the two justices first named and selected, and herein first above mentioned, to act with them; that we met at the time and place above mentioned, and the following notice and attestation of service thereof was delivered to us. (Here set forth the notice given by A. B. to C. D., and the affidavit of service.) That at the time and place aforesaid, as well the said A. B. as the said C. D., appeared before us, and after hearing and examining the evidence offered by both of the parties, we do decide and determine that the said A. B. has been duly elected county judge of the said county of and we do adjudge and de

termine, that the said C. D. pay all the costs of this contest, amounting to the sum of dollars, and that execution issue for the same.

In witness whereof we do hereunto set our hands and seals the

Form of Certificate to be attached to the foregoing Record.

We, the subscribers, three of the justices of the peace of the said county, do certify to the clerk of the county commissioners' court of the said county, that the above is a true record of the proceedings before us, and of our decision in the matter, relative to the right of C. D. to hold and exercise the office of county judge of county, contested by A. B., and also of our adjudication

The People of the State of Illinois to any Constable of said County,
GREETING:

Whereas, A. B., a candidate, lately gave notice to C. D., that he intended to contest his right to hold and exercise the office of county judge of the county of -, and named L. M., a justice of the peace of said county, to attend at the trial of such contest, on the day of 18, at his office in in said county; and whereas, the said C. D., did select N. O., a justice of the peace of said county, to attend at the said trial; and whereas, the two justices so named and selected, did make choice of (or "select by lot,") P. Q., a justice of the peace of said county, to act with them; and whereas, the said justices in pursuance of their nomination, selection and choice, and of the statute in such case made and provided, met at the time and place above mentioned, and as well the said A. B., as the said C. D., appeared before them, and the said justices having heard and