Chap. 37.—An ACT providing for Contests, and determination there-
of, in Elections held to take the sense of Qualified Voters on Subscrip-
tions to stock of Internal Improvement Companies.

Approved January 15, 1875.

1. Be it enacted by the general assembly of Virginia, That
whenever the sense of the qualified voters of any county,
city or town shall be taken on the question whether the
board of supervisors, council or board of trustees of any
county, city or town shall subscribe to the stock of any
internal improvement company, as now provided by law, the
returns of said election or decision of the voters shall be
subject to the inquiry, determination and judgment of the
respective county and corporation courts, or of the county
courts, in which the sense of the qualified voters was thus
taken, upon the written complaint of fifteen or more of the
qualified voters of the county or corporation, of an undue
election or false return, two of whom shall take an oath or
affirmation that the facts set forth in such compfaint are true,
to the best of their knowledge and belief; and the courts
shall, in judging of elections and decisions, proceed upon the
merits thereof, and shall determine concerning the same
according to the constitution and laws of this state; and such
complaint shall not be valid, or regarded by the court, unless
the same shall have been filed within thirty days after the
said election, in the clerk's office of the proper courts. The
corporation named in the order authorizing the sense of the
qualified voters to be taken as aforesaid shall be summoned
and be made a party defendant to the proceeding herein
authorized, or may become defendants on their own motion;
and after such summons, or after notice to said corporation
of the filing of said complaint (which summons or notice
must be given and executed in the mode prescribed by law),
cither party shall be at liberty to proceed to take all proper
depositions to sustain or invalidate such clection or com-
plaint, upon reasonable notice to the adverse party, or to any
three of the complainants, and the defendants; and the court
shall proceed at the next term after the defendants shall be
notified or summoned to determine the contests, without a
jury, on evidence written or oral, and on the papers filed,
unless good cause be shown for a continuance, and shall
make a proper record of such determination and judgement.
2. This act shall be in force from its passage.