reward or profit, or any promise, bond, covenant, engagement or security of any kind for reward or profit, under an agreement express or implied, or with the intent that, at any election, he will vote for a particular candidate; or that he will give his vote in any particular manner or upon any particular side of any question to be decided at such election; or that he will make or procure to be made, or assist in making or procuring to be made, auy false count, certificate, return or declaration concerning any election, such person, and the person who shall make such gift or pay such reward or profit, or make such promise, bond covenant, engagement or security, or aid or abet another in so doing, shall each be confined in the penitentiary not less than one nor more than three years; or at the discretion of the court, he may be fined not less than one hundred nor more than five hundred dollars, and be confined in the county jail not less than three nor more than twelve months. And any corporation which shall, by its officers, agents or otherwise, offer, give or use, or cause to be offered, given or used, or place or cause to be placed, in the possession, under the control or at the disposal of another, to be offered, given or used, directly or indirectly, money or other thing of value, for the purpose of influencing any voter or voters, to vote for a particular candidate, or in any particular manner, or upon any particular side of any question to be decided at any such election, or to influence the result of any such election, it shall be guilty of a misdemeanor and shall upon conviction be fined not less than five thousand dollars, nor more than twenty thousand dollars for every such offense, at the discretion of the jury. Any person called as a witness in relation to any offense specified in this chapter shall be compelled to testify against any person other than himself, notwithstanding he may be implicated in the offense, but in case he does so testify in relation to such offense fully, no prosecution for the same offense shall thereafter be maintained against him.

BETTING ON ELECTIONS.

9. If any person bet or wager money or other thing of value on any election held in this State, he shall forfeit the value of such money or other thing and fifty dollars in addition thereto for every such offense.

TREATING VOTERS.

10. If any person who is a candidate for any office under the constitution and laws of this State shall, himself or by another, offer to, give or distribute among the voters any intoxicating drink on the day of the election, he shall, if elected, forfeit his office, and on proof of the fact be removed therefrom. And if any person, whether a candidate or not, offer, give or distribute any intoxicating drink to any voter on the day of an election, he shall forfeit not less than ten nor more than fifty dollars.

PLACES WHERE INTOXICATING DRINKS SOLD TO BE KEPT CLOSED ON DAY OF ELECTION; SELLING OR OFFERING SUCH LIQUORS FOR SALE, &C.

11. Every place at which intoxicating liquors are sold, shall be kept closed on the day of election, and if any person (whether licensed to sell intoxicating liquors or not)shall, on the day of any election, sell or offer, or expose for sale such liquors, or shall on said day at any time keep open any place in his possession or under his control, where such liquors are usually sold, or shall permit any person to drink any intoxicating liquor on the day of an election, at any place in his possession at or under his control, he shall be guilty of a misdemeanor, and fined not less than fifty, nor more than one hundred dollars for every such offense. Provided, That this section shall not be so construed as to require any person licensed to sell intoxicating liquors who is engaged in any other business in connection therewith, to close his place of business as aforesaid, except the part thereof in which such liquors are usualy sold.

DRUNKENNESS AT OR NEAR THE PLACE OF ELECTION.

12. If any person be drunk at or near the place of holding an election on the day of the same is held, he shall be guilty of a misdemeanor and fined not less than ten nor more than fifty dollars, and shall moreover, be required to give security for his good behavior for six months. If he fail to give such security, he shall be imprisoned not less than five nor more than twenty days.

ACTS REPEALED.

2. All acts and parts of acts coming within the purview of this chapter, and inconsistent therewith, are hereby repealed.

CHAPTER VI.

(Acts 1882, p. 304.)

OF CONTESTED ELECTIONS.

COUNTY AND DISTRICT OFFICERS.

1. A person intending to contest the election of another to any county or district office, shall, within ten days after the result of the election is declared, give him notice in writing of such intention, and a list of the votes he will dispute, with the objections to each, and of the votes rejected for which he will contend. If the contestant object to the legality of the election, or the qualification of the person returned as elected, the notice shall set forth the facts on which such objection is founded. The person whose election is so contested shall, within ten days after receiving such notice, deliver to the contestant like list of the votes he will dispute, with his objections to each, and of the rejected votes for which he will contend; and if he has any objection to the qualification of the contestant, he shall specify in writing the facts on which the objection is founded. Each party shall append to his notice his affidavit that

he verily beleives the matters and things therein set forth to be true. 2. If new facts be discovered by either party after he has given notice as aforesaid, he may, within ten days after such discovery, give an additional notice to his adversary, with the specifications and affidavit precribed in the next preceding section.

3. Subpoenas for witnesses for either party shall be issued by the clerk of the county court, and served as in other cases, and the witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalties as witnesses attending a circuit court in a civil suit. The notice of contest shall be presented to the county court at its first term after the same is delivered to the person whose election is contested, and the same shall be docketed for trial in such court. At the trial of said contest, the said court shall hear all such legal and proper evidence as may be brought before it by either party, and may, if deemed necessary, require the production of the poll books, certificates and ballots deposited with its clerk, and examine the same. The hearing may be continued by the court from time to time, if it be shown that justice and right require it, but not beyond three months from the day of election, At the final trial of said contest, the said court shall declare the true result of said election, and cause the same to be entered on the records of said court. The costs in such case, if the contestant fail to set aside the election, shall be awarded against the contestant; otherwise, each party shall pay his own costs, unless it appears to the court that the person returned elected by the commissioners was guilty of fraud or misconduct in the election, or in procuring such return to be made, in which case costs shall be awarded against him in favor of the contestant. The amount of costs to which either party is entitled against the other, shall be ascertained by the said court, and entered of record therein, which entry shall have the force of a judgment and execution, and if said costs are not paid within ten days thereafter, the clerk of said court may make out and deliver to the sheriff or one of his deputies, a certified copy of such entries, and said sheriff or deputy shall proceed to collect the same therein specified, in the same manner as if said copy were a writ of fieri facias against the goods and chattels of the person against whom said costs were awarded. When the result of said election is declared as aforesaid, a certified copy of the order declaring said result shall, if required, be delivered by the clerk of said court to the person declared elected, if such be the result of the trial, and such copy shall be received in all courts and places as legal evidence of the result of the election therein declared.

MEMBERS OF THE LEGISLATURE.

4. Any person intending to contest the election of another as senator or delegate, shall within twenty-one days after the election, in case of delegate, and within thirty days after the election in case of a senator, give him notice thereof in writing, and

a list of the votes he will dispute, with his objections to each, and of the votes rejected for which he will contend. If the contestant object to the legality of the election, or the qualification of the person returned, the notice shall set forth the facts on which such objection is founded. The person whose election is contested as delegate shall, within fourteen days after he receives such notice, and the person whose election as senator is contested shall, within twenty days after he receives such notice, deliver to the contestant a like list of the votes he will dispute and of his objections to each, and of the rejected votes he will claim; and if he has any objection to the qualification of the contestant, shall specify in such notice the facts on which the objection is founded. Each party shall append to his notice his affidavit that the matters therein set forth, so far as they are stated of his knowledge, are true, and so far as they are stated on the information of others, he believes them to be true.

5. Where, however, such contest arises upon a special election to fill a vacancy, held at any other than a general election, the notice, with specifications and affidavit as above, shall be given by the contestant within ten days after the election, in case of a delegate, and whithin thirty days after the election, in case of a senator, and by the party whose election is contested, in the first case within five days, and in the second, twenty days.

6. If new facts be discovered by either party after he has given notice as aforesaid, he may give an additional notice or notices to his adversary, with specifications and affidavit as above prescribed.

7. Either party may begin to take the depositions at any time. after the delivery of the original notice by the contestant. But reasonable notice of every such deposition shall be given, and such notice shall specify the names of the witnesses to be examined. The depositions may be taken before a justice, notary, or any officer authorized to take depositions in civil suits; and the officer before whom they are taken, shall certify and seal up the same, and endorse his name across the place where they are sealed, and address and transmit the same, by mail or otherwise, to the clerk of the branch in which the seat is contested. When the petition of the contestant is referred to a committee the clerk shall deliver the depositions to such committee for examination and report.

8. Subpoenas for witnesses shall be issued by the clerk of the circuit court, or by a justice, upon application of either party; and witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalities, as if summoned to attend before the said court in civil suits.

9. If the contest arise respecting any general election, the parties shall finish taking depositions five days at least before the second Wednesday of January next following. But if it arise upon a special election to fill a vacancy, held at any other time, they shall finish within thirty days after the election in the case of a delegate, and sixty days in the case of a senator.

10. Neither party shall have the benefit of any deposition taken otherwise than as aforesaid, unless further time be given by resolution of the proper branch of the legislature.

11. The petition of the contestant shall be presented to the proper branch of the legislature, within ten days after its meeting, if the disputed election was held at the regular annual period; or if it was a special election to fill a vacancy, within twenty-five days after the taking of the testimony is completed.

12. If it be ascertained that an equal number of legal votes was given for the petitioner and the person returned, the senate or the house of delegates, as the case may be, in which the contest is pending, shall declare which of them is elected.

GOVERNOR, STATE OFFICERS AND JUDGES.

13. If the election of governor, treasurer, auditor, state superintendent of free schools, attorney-general, judge of the supreme court of appeals, or judge of a circuit, be contested, the contestant must give notice, with specifications and affidavit, to the person whose election is contested, within sixty days thereafter; and within thirty days thereafter the return notice must be given to the contestant. The parties shall finish taking depositions within forty days after the last mentioned notice is delivered. The depositions shall be transmitted to the clerk of the house of delegates, to be delivered by him to the joint committee or special court hereinafter provided for. In other respects the regulations contained in this chapter respecting contests for a seat in the legislature shall be observed, so far as they are applicable.

14. When the election of governor is contested, the petition of the contestant and the depositions shall be referred to a joint committee of the two houses for examination and report; which committee shall consist of two senators elected by ballot by that house, and three delegates elected in the same manner by the house of delegates. The contest shall be determined by the legislature, both houses thereof sitting in joint session in the hall of the house of delegates and the president of the senate shall preside.

15. Where the election of treasurer, auditor, state superintendent of free schools, attorney-general, or of a judge of the supreme court of appeals, or a circuit court, is contested, the case shall be heard and decided by a special court constituted as follows: The person declared elected shall select one, the contestant another, and the governor a third person, who shall preside in said court; and the three, or any two of them, shall meet at a time and place to be appointed by the governor, and being first duly sworn impartially to decide according to law and the truth upon the petition, returns and evidence to be submitted to them, shall proceed to hear and determine the case and certify their decision thereon to the governor. They shall be entitled to the same pay and mileage as members of the legislature, to be paid out of the treasury of the State.