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At which time the person bv whom such account has been hied shall be lequired to be present in person, to vouch his account, and j-nswer on oath or affirmation, all such relevant questions noncerning same as mav be put to him by the petitioners or their counsel. The auditor shall issue subpoenas to all parties whom the petitioner or the accountant may require to give evidence concerning such account, and he shall determme subject to exception, all questions as to the admissibility of evidence, ...and shall file a copv of the evidence with his report. If upon the audit, the Court shall decide that the account was false in anv substantial manner, or that any illegal election ex- penses we're incurred, the costs of said audit shall be paid by ihe accountant ; but, otherwise, by the petitioners. 1876 T Section 32. The decision of the Court upon the audit . Hall be subject to appeal; but if the Court shall decide that anv candidate who has been elected has incurred any illegal election expenses, or has consented to the incurring of any illegal election expenses by anv person or committee the Court shal' certify its decision to the Attorney-General, who shall thereupon cause a writ of quo warranto to be issued: and if, upon proceedings under such writ of quo warranto, it shall be decided that the candidate in question has incurred any illega election expenses, or has consented to the incurring of illegal election expenses by anv person or committee, his election shall be declared void and his office vacant ; provided, that in the case of candidates elected to the office of Senator or Re- presentative in the General Assmbly, the decision of the Court ^-liall be certified to the President of the Senate or to the Speaker of the House of Representatives, as the case may be ; and provided further, that in the case of any candidate elected to the office of member of the House of Representatives of the United States, the decision of the Court shall be certified to the Governor of this State, who shall transmit the same to the Speaker of the said House of Representatives.
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