Ordinance, 14 January 1843–A, as Published in the Wasp

  • Source Note
Page [2]
image
Sec. 16. When any candidate shall desire to contest the validity of any election, or the right of any person declared duly elected to hold and exercise the office of Alderman, or Counsellor, 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 ten days after the day of election; expressing the points on which the same will be contested, the name of one Alderman of the who will attend at the trial of such contest, the time, and the place, when and where said trial will be held, which time shall not exceed thirty days from the day of the election. And the person whose election is contested, shall within five days after receiving said notice, select another Alderman to attend said trial: Provided however, That should the party whose election is contested, refuse or neglect to select an Alderman as aforesaid, the Alderman chosen by the person contesting the election as aforesaid, shall make such selection; and the two Aldermen so selected shall make choice of a third Alderman; and if they cannot agree upon a third Alderman to act with them, they shall make such selection by lot; and the three Aldermen 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. The said Aldermen shall meet at the time and place appointed for the trial of said contest as aforesaid, and after hearing and examining the evidence offered by both parties, they shall decide which of the said candidates shall have been duly elected, and shall certify the same to the Recorder, who shall thereupon make out and deliver to the successful party a certificate of his election as herein before provided. The said Alderman shall enter judgment against the unsuccessful party. Either party may appeal from the decision of said Alderman to the Municipal Court as in other cases, and the decision of said Court shall be final, and the unsuccessful party shall pay all costs incurred before either or both of said Courts, as the case may be.
Sec. 17. There shall be allowed out of the City Treasury to the several judges and clerks of election, such compensation, not exceeding two dollars per day, as the City Council shall deem proper to allow; they shall also allow to the clerks of election such compensation as they may deem just, for any stationary such clerk may have furnished for the purpose of election.
Sec. 18. If any judge of the election or clerk, or any other officer or person, in any manner concerned in conducting the election, shall wilfully neglect, improperly delay, or refuse to perform any of the duties required by this ordinance, after having undertaken to perform such duties, he shall, on conviction thereof before the Mayor or Municipal Court be fined in any sum not exceeding one hundred dollars;—and if any such judge of the election, clerk, or other officer or person, in any wise concerned in conducting the election, shall knowingly admit any person to vote, not qualified according to law; or shall knowingly receive and count more than one vote for one person, at the same election for one office, or shall be guilty of fraud, corruption, or partiality, or manifest misbehavior in any matter or thing relating to said election; or shall refuse to recieve the vote of any elector, who has a right according to law to vote at the polls; each and every person so offending, shall upon conviction thereof before the Mayor or Municipal Court, be fined in any sum not exceeding one hundred dollars for each and every offence; each of the aforesaid fines to be collected and appropriated in the name of, and for the benefit of the , together with costs of suit.
Provided, That nothing in this ordinance shall be so construed as to prevent the judges of election from refusing to receive the vote of any person, when it shall be proved to the satisfaction of a majority of them, that in taking the same oath he shall have sworn falsely.
Sec. 19. This ordinance to take effect and be in force from and after its passage.
Passed Jan. 14th 1843.
JOSEPH SMITH, Mayor.
, Recorder. [p. [2]]
Sec. 16. When any candidate shall desire to contest the validity of any election, or the right of any person declared duly elected to hold and exercise the office of Alderman, or Counsellor, 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 ten days after the day of election; expressing the points on which the same will be contested, the name of one Alderman of the who will attend at the trial of such contest, the time, and the place, when and where said trial will be held, which time shall not exceed thirty days from the day of the election. And the person whose election is contested, shall within five days after receiving said notice, select another Alderman to attend said trial: Provided however, That should the party whose election is contested, refuse or neglect to select an Alderman as aforesaid, the Alderman chosen by the person contesting the election as aforesaid, shall make such selection; and the two Aldermen so selected shall make choice of a third Alderman; and if they cannot agree upon a third Alderman to act with them, they shall make such selection by lot; and the three Aldermen 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. The said Aldermen shall meet at the time and place appointed for the trial of said contest as aforesaid, and after hearing and examining the evidence offered by both parties, they shall decide which of the said candidates shall have been duly elected, and shall certify the same to the Recorder, who shall thereupon make out and deliver to the successful party a certificate of his election as herein before provided. The said Alderman shall enter judgment against the unsuccessful party. Either party may appeal from the decision of said Alderman to the Municipal Court as in other cases, and the decision of said Court shall be final, and the unsuccessful party shall pay all costs incurred before either or both of said Courts, as the case may be.
Sec. 17. There shall be allowed out of the City Treasury to the several judges and clerks of election, such compensation, not exceeding two dollars per day, as the City Council shall deem proper to allow; they shall also allow to the clerks of election such compensation as they may deem just, for any stationary such clerk may have furnished for the purpose of election.
Sec. 18. If any judge of the election or clerk, or any other officer or person, in any manner concerned in conducting the election, shall wilfully neglect, improperly delay, or refuse to perform any of the duties required by this ordinance, after having undertaken to perform such duties, he shall, on conviction thereof before the Mayor or Municipal Court be fined in any sum not exceeding one hundred dollars;—and if any such judge of the election, clerk, or other officer or person, in any wise concerned in conducting the election, shall knowingly admit any person to vote, not qualified according to law; or shall knowingly receive and count more than one vote for one person, at the same election for one office, or shall be guilty of fraud, corruption, or partiality, or manifest misbehavior in any matter or thing relating to said election; or shall refuse to recieve the vote of any elector, who has a right according to law to vote at the polls; each and every person so offending, shall upon conviction thereof before the Mayor or Municipal Court, be fined in any sum not exceeding one hundred dollars for each and every offence; each of the aforesaid fines to be collected and appropriated in the name of, and for the benefit of the , together with costs of suit.
Provided, That nothing in this ordinance shall be so construed as to prevent the judges of election from refusing to receive the vote of any person, when it shall be proved to the satisfaction of a majority of them, that in taking the same oath he shall have sworn falsely.
Sec. 19. This ordinance to take effect and be in force from and after its passage.
Passed Jan. 14th 1843.
JOSEPH SMITH, Mayor.
, Recorder. [p. [2]]
Page [2]