Chap. 363.—An ACT to amend and re-enact sections 157, 158, 159, 160, and 161
of the Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
one hundred and fifty-seven, one hundred and fifty-eight, one hundred
and fifty-nine, one hundred and sixty, and one hundred and sixty-one
of the Code of Virginia be amended and re-enacted so as to read as
follows:

§ 157. Contested elections of governor, lieutenant-governor, attorney-
general, secretary of the Commonwealth, State treasurer, superintendent
of public instruction, and the commissioner of agriculture and immi-
gration—lIn all contested clections of governor, lieutenant-governor,
attorney-general, secretary of the Commonwealth, State treasurer, super-
intendent of public instruction, and commissioner of agriculture and
immigration, notice of such contest shall be given to the party whose
election is contested within ten davs after the declaration of the result
of such election shall have been officially made, and a counter notice
shall be given to the contcstant within ten days after the receipt of the
notice of contest. Depositions shall be taken and certified to the clerk
of the house of delegates, in contest for governor, lieutenant-governor,
attorney-general, secretary of the Commonwealth, and State treasurer, as
prescribed in contests for seats in the general assembly, and in contests
for the office of superintendent of public instruction and commissioner
of agrieulture and immigration the depositions shall be certified to the
special court provided for in section one hundred and fifty-nine; and
the witnesses shall be summoned and entitled to like allowances and
privileges, and be subject to like penalties as witnesses summoned to
attend the circuit or corporation courts.

§ 158. How contest determined in case of governor, lieutenant-gov-
ernor, secretary of the Commonwealth, treasurer, and attorney-general.—
Contested elections, in the cases of governor, lieutenant-governor, secre-
tary of the Commonwealth, State treasurer, and attorney-general, shall
be determined by the general assembly, both branches thereof sitting in
joint session in the hall of the house of delegates, at which joint session
the speaker of the house of delegates shall preside.

§ 159. How, in case of superintendent of public instruction and com-
missioner of agriculture and immigration.—Contested elections for the
offices of superintendent of public instruction and commissioner of agri-
culture and immigration shall be determined by a special court com-
posed of three circuit judges (selected by the executive), upon either
oral or written evidence, taken in accordance with the laws prescribing
the mode of taking and receiving testimony in courts of justice. The
rules of proceeding shall be such as the said court may prescribe. Notice
of such contest shall be delivered to the executive, who shall issue his
proclamation, convening the said court in the State courthouse, in the
city of Richmond, at such time as he may appoint, not exceeding
ninety days after the date of such notice. Whereupon it shall be the
duty of such court to hear and determine such case or cases of contested
election. If any member of said court is prevented by any cause from
sitting, his place shall be filled by selection of some other circuit judge
by the executive. ;

§ 160. How election of county, corporation and district officers con-
tested.—The returns of elections of county, corporation and district offi-
cers shall be subject to the inquiry, determination and judgment of the
circuit court of the county or corporation court of the corporation
wherein the election was held, upon the complaint of fifteen or more
qualified voters of such county, corporation or district, of an undue elec-
tion or false return. If the objection be to the legality of the election
or eligibility of the person receiving the certificate, the complaint shall
so state, and the nature of the objection. If the objection be on the
ground of votes received or rejected, the complaint shall set forth a list
of such as were improperly received, with the objections to each, and of
the votes improperly rejected. Two of the persons making the com-
plaint shall take and subscribe an oath that the facts therein stated
are true to the best of their knowledge and belief. The complaint shall
be filed in the clerk’s office of the circuit court of the county or cor-
poration court of the corporation, and a copy thereof served, as a notice
is served, within ten days after the election on the person whose election
is contested, otherwise the complaint shall not be valid. Such person
shall, within ten days after the copy is served on him as aforesaid, file
in the clerk’s office a counter complaint, in which he shall set forth a
hst of all the votes which he will dispute, with the objections to each,
and of the votes improperly rejected which he will claim, and a state-
ment of the objections, if any he has, to the person in whose behalf the
contest is made. If no such counter complaint be filed within the time
prescribed, the person whose election is contested shall not be heard to
assert any claim or objection which is herein required to be stated in
such counter complaint. After service of a copy of the complaint az
aforesaid either party, after reasonable notice to the adverse party, shall
be at liberty to take depositions to sustain or invalidate the election or
return, and unless good cause be shown for a continuance, the court, ai
the next term, shall proceed to determine the contest without a jury, on
the testimony thus taken, and upon any other legal testimony that may
be adduced by either party. In judging of such election or return, the
court shall proceed on the merits thereof and decide the same according
to the Constitution and laws. When the contest is decided, a certificate
of election shall be granted to the successful party, unless he shall have
already received one. If, however, the court shall be of the opinion
that there has been no valid election of any person, the proceedings shall
be in conformity with section one hundred and six.

§ 161. No appeal.—No petition shall be presented for an appeal from
writ of error or supersedeas to any judgment or order of a circuit or
corporation court under the preceding section, but the judgment or
order of said court shall be final.

2. This act shall be in force from its passage.