Bill from Wilson Law and Others, circa 14 January 1843

  • Source Note
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[pages 1–8 missing]
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​> justice of the peace]- to attend said trial: Provided however, that should the party whose election is contested, refuse or neglect to select -[a justice <​an Alderman​>]- as aforesaid, the -[[justice <​Alderman​>]- chosen by the person contesting the election as aforesaid, shall make such selection; and the two -[Justices <​Aldermen​>]- so selected shall make choice of the third -[justice <​Alderman​>]-; and if they cannot agree upon a third -[justice <​Alderman​>]- to act with them, they shall make such selection by lot; and the three -[justices <​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 Alderman -[Justices of the peace]- 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 -[justices]- Aldermen shall enter judgment against the unsuccessful party for all the costs of such contest. Either party may appeal to from the decision of said Aldermen -[Justices]- 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.— [p. 9]
[pages 1–8 missing]
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 the 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 Alderman -[]- 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 -[]- Aldermen shall enter judgment against the unsuccessful party . Either party may appeal from the decision of said Aldermen -[]- 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.— [p. 9]
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