OF COETESTED ELECTIONS. CHAP. 23. CHAP. 22, VOL. 18. CHAPTER 22, VOL. 18, LAWS OF DELAWARE. AN ACT CONCERNING THE APPOINTMENT OF ELECTORS OF PRESI DENT AND VICE-PRESIDENT. electors shall be SECTION 1. Any person intending to contest the election of any one declared by the Notice of contest Governor to have been chosen an elector of President and Vice-President of the United of election of States shall, within ten days after such declaration by proclamation of the Governor, give given within ten days. written notice of such intention to the person whose election he intends to contest and also to the Governor; and within five days after the delivery of said notice shall de- Shall deliver within five days liver to the person whose election he contests and to the Governor written specifica- written specifition of the grounds upon which it is intended to contest the said election of the person grounds. so declared to have been elected as aforesaid; and if one of the grounds shall be that illegal votes were given at such election for the person declared to have been elected, then such specification shall particularly set forth the name of each alleged illegal voter, tion district or with the several objections to the legality of his vote; and shall also distinctly set forth precinct, shall and state the hundred and election district or precinct at which the alleged illegal vote was cast. cations of What set forth. Hundred, elec be stated. shall within ten SEC. 2. The person declared to have been elected as aforesaid and who has received Person whose notice of contest as aforesaid, shall, within ten days after receiving specification of the seat is contested grounds of contest, deliver to the person so contesting his election, and to the Gover- days deliver to nor, a like specification of objection to the right of the contestant to be declared an elec- ing and Govtor; and in such specification may also state any other ground upon which he rests the ernor his objec. validity of his election. person contest tion. shall be verified by affidavit, SEC. 3. Every specification as aforesaid shall be verified by the affidavit of the party Specification delivering the same, stating that he verily believes that the grounds of objection set forth are substantially true; and that the voters specified as illegal voters were not entitled by law to vote at the election in question. delivered to can SEC. 4. The notice and specification verified as aforesaid, which shall have been de- Specification livered to the governor, shall be by him delivered to the canvassing board, hereinafter verified to be created, together with the certificates of the votes given for each person voted for for vassing board. elector as returned to him by the respective boards of canvass under the election laws of this State, on the first day of the assembling of the canvassing board herein created. SEC. 5. In the trial of the case of a contested election the parties shall be resiricted Parties shall be to the grounds of objections in the specifications set forth; and the statements of the restricted to other grounds upon which the person declared to have been elected rests the validity of his election; and shall not examine into the illegality of any other voter other than The illegality of those specified as illegal, nor impeach such votes for any causes other than those so other votes shall not be inquired specified as aforesaid. into. ground of objection in specifications. testant may SEC. 6. Where any contestant or person who has been declared elected, and whose Party declared election is contested, is desirous of obtaining testimony respecting a contested election, elected or conhe may apply to the Prothonotary of the Superior Court of the State of Delaware, in apply to the Prothonotary of and for Kent county, for a subpoena or subpoenas for summoning such witnesses as he Kent county for subpœnas. may wish to appear before the board of canvass at such time as shall be in the subpoenas designated. Such subpoena shall be directed to the sheriff of the county in which the Subpoenas to be witness or witnesses reside, and shall be served in the same manner as subpoenas for of county where witnesses in civil cases are served. The sheriff to whom a subpoena may be directed witnesses reside, shall make return of his service thereon to the said board of canvass on the first day of Sheriff shall its meeting to hear the contest. directed to Sheriff make returns. SEC. 7. The Superior Court of the State of Delaware, in and for Kent County, is Superior Court of State of Delaware for Kent county created a Board of Canvass. Dnty of the Duty of the hereby created and declared to be a board of canvass to hear and determine all contests of elections of electors of President and Vice President, with power to regulate and determine the mode of procedure, and all other matter pertaining thereto as may be necessary in carrying out the provisions of this act and the act of Congress fixing the day of the meeting of electors, passed February 3, A. D. 1887; and it shall be the duty of the Governor, whenever a notice of contest is served upon him, immediately to make proclamation convening said Superior Court in special session at the court house in Dover, on a day to be by him named, which shall not be later than the twentieth day of December next succeeding the day of election in the year in which the election was held. SEC. 8. The said Superior Court, after hearing any contest of election of an elector or electors, shall make out and certify, under the seal of the court, the ascertainment of the vote of the State for electors, and also certify the names of the persons chosen as electors, and cause said ascertainment and certificate, together with all the papers and certificates filed in the case, to be delivered to the Governor on or before the first day of January next succeeding the day of the election at which electors were chosen. Passed at Dover, April 21, 1887. GENERAL PROVISIONS RESPECTING PUBLIC OFFICERS. CHAPTER 24. TITLE FIFTH. OF CERTAIN PUBLIC OFFICERS. CHAPTER 24. General provisions. Chaps. 42 and 383, vol. 14. CHAPTER 25. Of salaries. Chaps. 124 and 5, vol. 13; Chap. 434, vol. 17; Chap. 400, vol. 13; Chap. 149, vol. 16; Chap. 36 and 376, vol. 14. CHAPTER 26. Of the General Assembly. Chap. 577, vol. 19. CHAPTER 27. Of the Governor. CHAPTER 28. Of the Secretary of State. Chap. 35, vol 17; Chap. 476, vol. 18. CHAPTER 29, Of the State Treasurer and Trustee of the School Fund. Chap. 40, vol. 14; Chap. 435, vol. 17. CHAPTER 30. Of the Auditor. Chap. 474, vol. 18. CHAPTER 31. Of the Attorney General. Chap. 378, vol. 14; Chap. 332, vol. 16. CHAPTER 33. Of Coroners. Chap. 148, vol. 16; Chap. 224, vol 17. Chap. 544, vol. II; Chaps. 29, 42, 105 and 258, vol. 12; Chaps. 10 and 11, vol. 13; Chap. 26, vol. 14; Chap. 25, vol. 15; Chaps. 31 and 380, vol. 14; Chap. 23, vol. 15; Chaps. 334 and 33, vol. 16; Chaps. 14, 40 and 41, vol. 17; Chap. 478, vol. 18; Chaps. 46 and 583, vol. 19. CHAPTER 35. Of Recorder of Deeds. Chap. 110, vol. 12. CHAPTER 36. Of Notaries Public and Commissioners of Deeds. Chaps. 461 and 578, vol. 11; Chaps. 48, 252 and 264, vol. 12; Chaps. 9, 405, 406, 407 and 408, vol. 13; Chaps. 28, 29, 348 and 352, vol. 15; Chaps. 18 and 341, vol. 16; Chaps. 28, 29, 469, 470, 472 and 473, vol. 18; Chaps. 48, 50, 51, 52, 587, 588, 591 and 592, vol. 19. CHAPTER 37. Of Prothonotaries. Chap. 154, vol. II; Chap. 266, vol. 12; Chap. 132, vol. 13; Chap. 19, vol. 16; Chap. 344, vol. 16; Chap. 42, Oath of office- Clerk of the Orphans' Court. Sheriff. Attorney at law. OFFICIAL QUALIFICATIONS. SEC. 1. Repealed. Vol. 11, Chap. 113. SEC. 2. Every Prothonotary, Clerk of the Peace, Clerk of the Orphans' Court and Register in Chancery, shall, before entering upon his official duties, make the following affidavit : I being appointed -of in county, do solemnly swear (or affirm) that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court (or courts), and that I will faithfully and impartially perform all the duties of my said office with fidelity ; and that I will support the constitution of the United States and the constitution of the State of Delaware. So help me God (or so I affirm). SEC. 3. Every Sheriff and Coroner shall, in like manner, besides the qualifications required by the constitutions of the United States and of this State, make the following affidavit: I do solemnly swear (or affirm) that I will not select and summon any man for a juror who, as I believe or suspect, will be influenced in determining any matter that shall come before him, as a juror, by hatred, malice or ill will, fear, favor or affection, or any partiality whatever. So help me God (or so I affirm). SEC. 4. Every attorney-at-law shall, in like manner, besides the constitutional qualifications, make the following affidavit : I — do solemnly swear (or affirm) that I will behave myself in the office of an attorney within the court, according to the best of my learning and ability and with all good fidelity, as well to the court as to the client; I will use no falsehood, nor delay any person's cause through lucre or malice. So help me God (or so I affirm). SEC. 5. The auditor of accounts shall, in like manner, besides the constitutional qualifications, make the following affidavit : I — do solemnly swear (or affirm) that in the discharge of my duties as auditor of accounts I will do equal right and justice to all men, to the best of my judgment and ability, according to law and equity. So help me God (or so I affirm). The affidavits required by the preceding sections shall be duly signed, certified and recorded in the Recorder's office. OFFICIAL SECURITIES. Auditor. Oaths recorded. Prothonotary. SEC. 6. Every Coroner, Register of Wills, Recorder, Prothono- Bond of Coroner, tary, Clerk of the Court of Errors and Appeals, Clerk of the Peace Register. and Clerk of the Orphans' Court appointed for either county, shall Clerk of the at the next term of the Superior Court in that county thereafter be- Court of Appeals come bound to the State of Delaware, with sufficient surety by a Clerk of the joint and several obligation in the penalty of three thousand dollars, Clerk of the Peace. with condition "that if the above named who has been Orphans' Court. duly appointed to be shall and do well and dilligently execute his office ofas aforesaid and duly and faithfully fulfill and perform all the trusts and duties to the said office appertaining, and truly and without delay deliver to his successor in office the seal and all the books, records and papers belonging to said office, safe and undefaced, then this obligation shall be void and of no effect, or else shall remain in full force and virtue;" except that in the condition of a coroner's obligation the clause beginning with the words "and truly" and ending with the words "undefaced" shall be omitted. In the obligation of the Clerk of the Peace the word "offices" shall be used for office. The acknowledgment and approval of these obligations shall be Certificates. certified by the judges present. The obligation of the recorder shall be recorded in the judgment when recorded docket of said court, and shall be filed there; the other obligations and filed. required by this section shall be forthwith delivered to the recorder, to be recorded and filed in his office. CHAPTER 42, VOL. 14, LAWS OF DELAWARE. AN ACT SUPPLEMENTARY TO SECTION 6 OF CHAPTER 24 OF THE SECTION 1. That the Clerks of the Peace of the several counties of this State shall, Clerk of the sum, the amount of which shall be determined by the judges of the said Superior Court, with sureties approved by the said judges, with the same condition as is pre |