1844.

THOMAS G. PRATT, ESQUIRE, GOVERNOR.

CHAP. 284.

duly authorised at least ten days previous to the said pro-
posed examination.

To testify to
the truth.

SEC. 3. And be it enacted, That every person deposing
shall make oath or affirmation to testify the whole truth,
and shall subscribe the testimony by him or her given,
which shall be reduced to writing only by the magistrate
taking the deposition or by the deponent in his presence of
by a clerk appointed by the magistrate and duly sworn,
fairly to write down and transcribe the deposition or depo-
sitions, and the deposition no taken together with a certifi-
cate of the notices and proof of service of them, shall be
sealed up by the magistrate who took it, and transmitted
to the presiding officer of the body in which the seat is
contested.

Witnesses in
contested elec-
tions.

SEC. 4. And be it enacted, That the examinations of
witnesses taken in this manner, and no other, shall hereaf-
ter be admitted on trial of contested elections.

Copies of re-
corded papers
admitted on
trial.

SEC. 5. And be it enacted, That copies of any papers
recorded in any office of record, provided, these copies be
attested under the hand and seal of the recording officer,
shall he admitted at all such trials, in the same manner as
the originals would be, if produced; and in like manner
copies of any other papers of a public nature, and remain-
ing in the possession of a public officer, and extracts from
the poll books under the hand and seal of the clerk of the
county court, shall be admitted, when attested under the

Ballots to be
returned by
return judge to
clerk of coun-

ty.

hand and seal of that officer.
SEC. 6. And be it enacted, That all ballots cast at any
election, shall be returned by the return judges of elec-
tion, on the day of their meeting, (as now prescribed by
law) to the clerk of the county, to be by him safely kept,
for the space of twelve months, from the day of such re-
turn, at which time the clerk in the presence of one Or
more justices of the Orphans' court shall destroy the same,
and shall record among the land records of the county, a
certificate of the fact, signed by said justice or justices,
and that no ballot thus returned shall be given by the clerk
to any person or persons, except to the justice of the peace
before whom the examination aforesaid, is held, to be by
him transmitted, if necessary, to the presiding officer of
the body in which the seat is contested; but any person
or persons interested therein, shall have the privilege of

Magistrate en-
titled to $2
for every day
engaged.

inspecting said ballots in the presence of said clerk.
SEC. 7. And he it enacted, That any magistrate before
whom such deposition or depositions as aforesaid may be
taken, shall be entitled to the sum of two dollars for every
day he may be engaged in the examination of witnesses,
who shall also be entitled to the usual allowance granted