Act of January 27, 1818-January 1, 1820. R. C. ch. 51.-April 2, 1831, Ses. Acts this form, or to this effect: upon the writ shall be endorsed these or the like words: The execution of this writ appears in a schedule hereunto annexed; and on another paper annexed to the writ, shall be written, if the writ be for the election of a delegate for a county, these or the like words: By virtue of this writ, to me directed, in my full county, held at the courthouse thereof, (or at ) on the day of in the year of our lord by the electors of my said county, qualified according to law, I caused to be chosen a delegate (or delegates) for my said county, namely to represent the same in general assembly. Given under my hand and seal, the day and year aforesaid. And if the writ be for the election of a delegate for a city, town or borough, these or the like words: By virtue, &c., &c. And the return of the writs for electing a delegate for an election district, shall be in this form, or to this effect: The execution of this writ, &c.; and on another paper connecting the several writs together, shall be written, these, or the like words: By virtue, &c., &c. And the return of the writs for electing a senator, shall be in this form, or to this effect: upon each writ shall be endorsed these, or the like words: The execution of this writ appears in a schedule hereunto annexed; and on another paper, connecting the several writs together, shall be written, these or the like words: By virtue of these writs, to us directed, in our full counties, held at the courthouses thereof respectively, (or at and at the courthouse of the city, town or borough of year of our lord or at by the electors ,) qua to on the day of in the of our said respective counties, (and city, town or borough of lified according to law, we caused to be chosen a senator, for the district composed of our said counties, (and city, town or borough,) namely represent the same in general assembly. Given under our hands and seals, the day and year aforesaid. And the officers, conducting the elections, shall make their said returns to the general assembly, if it be sitting, immediately, or if it be not sitting, one day at least before the time to which the writ shall be returnable. Oct. 1785, c. 55, 12 Stat. Larg. 126; 1830-31, c. 1, § 28. 32. § 26. § 29. Whenever a vacancy doth or shall exist in the representation of any county of this commonwealth, which hath been or may become divided after the general annual election, each of the counties formed by such division, being entitled by law to separate representation in the house of delegates, the governor, if such vacancy shall have occurred by death or resignation, during the recess of the general assembly, and in all other cases of vacancy, the speaker of the house of delegates shall issue a writ of election to supply such vacancy, to the sheriff of each county formed by such division; and the sheriff of the county retaining the original name, shall, upon the receipt of such writ, forthwith give notice to the sheriff of the other county, of the day on which the election shall be held, which shall be within fifteen days, and not less than ten days thereafter; and both sheriff's shall thereupon give notice to the electors of their respective counties, of the time and place appointed for holding such election, by advertisement, to be affixed at four of the most convenient places in each county, not less than five nor more than ten days before the election; and the election shall be made by the sheriff, or in his absence, by the under sheriff of the county, or other proper officer, at such places as may be by law appointed in each county, in the manner prescribed for a general election: it shall be held on the same day in each county, and no votes shall be received except the votes of persons qualified to exercise the right of suffrage according to the present constitution and laws. The sheriffs, under sheriffs, or other proper officers of both counties, conducting the election, shall, on the fourth day after that appointed for holding the said elec Act of January 27, 1818–January 1, 1820. R. C. ch. 51. April 2, 1831, Ses. Acts 1830-31, ch. 1. Sup. R. C. ch. 88. tion, meet at the courthouse of that county, retaining the name of the county before the division, and shall then and there compare the polls respectively taken at the elections in their several counties, and having ascertained the person having the greatest number of votes, (giving their own votes in any case of the two foremost on such polls having an equal number of votes, and in case their votes shall be divided, deciding the same by lot,) shall make their return in the following manner, or to the following effect: upon each writ shall be endorsed these or the like words: "The execution of this writ appears in a schedule hereunto annexed;" and on another paper, connecting the several writs together, shall be written these or the like words: "By virtue of these writs, to us directed, in our full counties, held at the courthouses thereof respectively, (and at ,) on the day of in the year of our lord , by the electors of our said counties, qualified according to law, we caused to be chosen a delegate, (or delegates,) namely, , to fill the vacancy (or vacancies) in these writs mentioned. Given under our hands and seals, the day and year aforesaid." And the officers conducting the elections, shall make their returns immediately to the speaker of the house of delegates. 1808, c. 2; 1831, c. 1, § 29. 33. § 27. § 30. Whenever a vacancy shall occur in the representation of any senatorial district, embracing a county which shall have become divided as aforesaid, each of the counties formed by such division, being entitled by law to separate representation in the house of delegates, the election for supplying such vacancy shall be conducted in all respects as if the new county had existed and formed a part of the said district before the general election. Ibid. § 30. 34. § 28. 31. A sheriff, under sheriff, or mayor, or other proper officer, refusing to take the poll when he shall be required by a candidate or elector, or taking it in other manner than is herein before prescribed, or making a false certificate or return of the election of a member or members to serve in the general assembly, or neglecting to cause the certificate or return of such election to be made to such clerk, and at or before such time as is herein before directed, shall forfeit and pay three hundred and thirty-three dollars thirty-three cents; and neglecting to deliver the polls to the clerk of the court, to whom, and before the expiration of the time within which they are herein before directed to be delivered, or refusing to suffer any candidate or elector, at his own expense, to take a copy of the polls, shall forfeit and pay one hundred and sixty-six dollars sixty-six cents; one half to the commonwealth, for the benefit of the literary fund, and the other half to the use of the person who will sue for the same, to be recovered by action of debt, bill, plaint, or information, in any court of record. Ibid. § 31. 35. § 29. § 32. Any person who shall be a candidate for any county, city, town, borough, election district or senatorial district, to serve, if elected, in the general assembly, who shall, directly or indirectly, give, or agree to give, any elector or pretended elector, money, meat, drink or other reward, in order to be elected, or for having been elected; or who shall treat, directly or indirectly, being a candidate for such or any other county, city, town, borough, or election district, or senatorial district, upon due proof thereof to either house, shall be expelled: Provided nevertheless, That nothing herein contained shall be so construed, as to prevent any candidate from his usual intercourse of friendship with his neighbours at his own house. Ibid. § 32. 36. § 30. § 33. If any sheriff or other officer conducting an election, shall directly or indirectly, so interfere in the election of senators or delegates, as to shew partiality for any of the candidates, he shall forfeit and pay the sum of six Act of January 27, 1818-January 1, 1820. R. C. ch. 51.-April 2, 1831, Ses. Acts 1830-31, ch. 1. Sup. R. C. ch. 88. hundred and sixty-six dollars sixty-six cents, to be recovered by bill, (2) plaint or information, in any court of record, one moiety to the use of the informer, and the other to the use of the commonwealth, for the benefit of the literary fund. May 1784, c. 20, 11 Stat. Larg. 387; 1830-31, c. 1, § 33. 37. § 1. § 41. Any person intending to contest the election of any other person, as a senator or delegate from any senatorial district, county, city, town or borough, or election district, shall, within twenty-five days after the day on which the last election in the former case shall have commenced, or within fifteen days after the day on which the election (if it be the election of a delegate for a county, city, town or borough,) shall have commenced, or within twenty days after the day on which the last election (if it be the election of a delegate for an election district,) shall have commenced, give to the person whose election he intends to contest, notice thereof in writing; and moreover, shall deliver to him, at the same time, a list of those persons to whose votes he hath objection, with the objection to each voter written opposite to his name, stating that the person objected to, is not qualified to vote according to the constitution, or in case of incapacity, that he labours under some express personal disability, according to the provisions thereof, to exercise the right of suffrage; and where he hath any other objection to the legality of the election, or eligibility of the person whose election he intends to contest as aforesaid, (such objection to the eligibility of such person, being founded upon his want of all, or any of the qualifications required by the constitution,) he shall in like manner give notice thereof, distinguishing his particular objections; and the person whose election is contested as aforesaid, shall, within twenty days after receiving such notice, deliver the like lists on his part. See acts of 10 Geo. 3, c. 16; 25 Geo. 3, c. 84; 28 Geo. 3, c. 52; 32 Geo. 3, c. 1; 36 Geo. 3, c. 59; 42 Geo. 3, c. 84; 47 Geo. 3, c. 1; 1788, c. 52, 12 Stat. Larg. 710; 1831, c. 1. 38. § 4. In all contested elections for a seat in the general assembly, the contesting party, as well as the returned member, shall append to the notice of the votes that he intends to contest, an oath to the following effect: " I, A. B. do solemnly swear (or affirm, as the case may be,) that I have reason to believe the persons whose names are above mentioned, are not legally qualified to vote in the county of (or in the senatorial district composed of the counties as the case may be ;") and no notice without such oath or affirmation, shall be legal. Act of March 7, 1835, Ses. Acts c. 26, § 4, p. 26. of 39. § 3. § 43. Whensoever the election of any person as a senator or delegate, is intended to be contested, the petitioner and the returned member shall respectively begin to take their depositions within one month after the delivery of the notice in writing as aforesaid, given by the petitioner to the returned member, informing him as aforesaid, of his intention to contest his election; and they shall finish taking the same at least thirty days preceding the commencement of the ensuing session of the general assembly. And where such contest shall arise in consequence of any return made, on any writ or writs issued by the governor, or by the speaker of either house of the general assembly, to supply any vacancy which may have happened, the party contesting shall give notice in writing to the returned member of his intention to contest his election, and moreover shall deliver to him a list of those persons to whose votes he hath objection, with the objection to each voter written opposite to his name, stating that the person objected to is not qualified to vote according to the constitution, or in case of incapacity, that he labours under some express personal disability, according to the provisions thereof, to exercise the (2) The penalty may be recovered by action of debt. Sims v. Alderson, 8 Leigh, 479. Act of January 27, 1818-January 1, 1820. R. C. ch. 51.-April 2, 1831, Ses. Acts 1830-31, ch. 1. Sup. R. C. ch. 88. right of suffrage; and if he have any other objection to the legality of the election, or the eligibility of the member returned as aforesaid, (such objection to the eligibility of such member being founded upon his want of all or any of the qualifications required by the constitution,) he shall in like manner give notice thereof, distinguishing his particular objections, within ten days after the last day on which votes shall have been taken in the said election; and the member returned as aforesaid, shall, within five days after receiving such notice, deliver the like lists on his part. [Act of 1831, c. 1, § 43.] In all cases of contested elections which shall hereafter occur, any justice of the peace in the county, city, town or borough, or in any senatorial or election district, as the case may be, shall be, and he is hereby fully authorized and empowered to take the depositions of such witnesses as shall be produced to him by either of the parties to such contested election. Reasonable notice of the time and place of taking such depositions shall be given by either party to the other. [Act of March 7, 1835, Ses. Acts 1834-5, c. 26, § 1.] And the said parties shall give notice respectively, and begin to take their depositions within ten days, and finish them within twenty days after the last day on which votes shall have been taken in the said election, unless further time shall be allowed them, or either of them, by a resolution of that house before which such contest shall exist; in which case they shall be governed by and proceed according to such resolution; or unless the legislature shall adjourn before the time aforesaid shall have expired, or before they shall have made any resolution as to such contest, in which cases, such depositions shall be taken in the manner first above mentioned. If either party shall fail to begin and finish taking his depositions within the times above prescribed and limited, he shall be deprived of all benefit of such depositions when taken. 1798, c. 10; and 1834, c. 1, § 43. 40. § 4. § 44. Notice in any of the cases before mentioned, as well as the lists left with his wife or any other free person over the age of twenty-one years, belonging to his family, other than a negro or mulatto, or in case of their absence, then at some public place at the dwelling house, shall be deemed sufficient. The depositions shall be certified by the justice taking the same, sealed up, and sent by him to the clerk of that house of which the person was returned a member, without delay; and the depositions taken as aforesaid, shall be by the clerk of the house, respectively delivered to the speaker thereof, to be committed with the petition of the party complaining, and shall be received and read as evidence upon the hearing thereof; subject, however, to the exceptions of the opposite party. 1788, c. 52, and Ibid. § 44. 41. § 5. § 45. Subpoenas for witnesses shall be issued by the clerks of the courts of the counties, cities, towns or boroughs, upon the application of either party; and the witnesses shall be entitled to the same allowance, be privileged from arrests, and be subject to the like penalties, as witnesses attending the county courts. Ibid. § 45. 42. § 18. § 20. On complaint to either house of assembly, of an undue election or return of any member to their house, which complaint shall be lodged against such member within ten days after the meeting of the assembly, where the contested election shall have been held at the stated annual period, or within thirty days after the day on which the election shall have commenced, (if it be the election of a delegate,) or within thirty days after the day on which the last election in the senatorial district shall have commenced, (if it be the election of a senator,) where such election shall have been held in consequence of an intermediate vacancy, and such house shall be in session, or if not in session, within twenty days after the meeting of the general assem Act of January 27, 1818-January 1, 1820. R. C. ch. 51.-April 2, 1831, Ses. Acts 1830-31, ch. 1. Sup. R. C. ch. 88. bly, such house shall forthwith appoint some day for trying the same as shortly as shall be consistent with fair enquiry, whereof notice shall be given by the speaker to the party against whom the complaint is, if he be absent: which day of trial may be lengthened from time to time, on good cause shewn to the house, and notice to the absent party. On the day appointed for the trial, the committee of privileges and elections shall proceed in the said disputed election, and report to the house of which they are members, their opinion thereon, before they proceed to any other business; and the said house shall, on receipt of the said report, immediately proceed to determine thereon, and either confirm or disagree to such report, as to them shall seem just. If any person sworn before the said committee, shall give or withhold any evidence, under such circumstances as would have constituted the same to be perjury, if done in the presence of a court of record, the same shall be deemed perjury. If upon such trial, in the case of a contested election of a delegate, it shall appear that equal numbers of qualified electors shall have voted for the petitioner and the sitting member, and the officer who conducted the election at the courthouse of the county, city, town or borough, (if it be the election of a delegate from a county, city, town or borough,) or a majority of the returning officers of the election district, (if it be the election of a delegate from an election district,) shall swear, or solemnly affirm, that if such equality had appeared at the election in the former case, or at the time of their meeting to make the return in the latter case, he or they would have declared the petitioner elected, such petitioner shall be deemed duly elected, and his name instead of the name of the sitting member, (which shall be erased,) shall be inserted in the certificate of return. If upon such trial, in the case of a contested election of a senator, it shall appear that equal numbers of qualified electors shall have voted for the petitioner and the sitting member, and a majority of the officers who made the return upon such election shall swear or solemnly affirm, that if such equality had appeared at the time of their meeting to make the said return, they would have declared the petitioner elected, such petitioner shall be declared duly elected, and his name instead of the name of the sitting member, (which shall be erased,) shall be inserted in Oct. 1785, c. 55, 12 Stat. Larg. 123; 1788, c. 52; the certificate of return. 1798, c. 15; 1831, c. 1, § 20. 43. 5. § 8. The delegates for the several counties, cities, towns, boroughs and election districts, and the eight senators for one of the four classes of districts, in the room of those who will annually be displaced, shall, with the remaining senators, meet on the first Monday in December, in every year, in general assembly, at the place the preceding general assembly shall have sat in, or adjourned to, unless such place be in possession of a public enemy, or infected with the plague, or small-pox; in which case, they shall meet at such other place, as the governor shall appoint and notify by proclamation. Oct. 1785, c. 55; 1796, c. 205, R. C.; 1831, c. 1, § 8. 44. § 37. § 39. The general assembly may, during a session, or at the end thereof, adjourn to any other place than that where they shall then be sitting. Oct. 1785, c. 55, 12 Stat. Larg. 123, and Ibid. § 39. 45. § 36. § 38. If a sufficient number of the members of each or either house of the general assembly, to constitute a quorum, shall not meet at any time when they ought, any smaller number of each or either house, may adjourn such house from day to day, until a sufficient number to do business shall convene, and their acts and proceedings afterwards shall be as valid as if there had been no such interruption. But a delegate or senator shall lose all the wages he would otherwise have been entitled to, if he shall depart from the |