Which returns, when so made out and certified, shall be transmitted by the judges to the officer ordering the election, also a poll book as aforesaid shall be kept by the officer whose duty it shall hereafter be made to act as clerk of election, and in case of a contested election, it shall be the duty of the clerk, to transmit the same to the presiding officer of the court of inquiry in which such contest shall be tried; and the person having the greatest number of votes shall be declared duly elected.

Sec 15 That all contested elections, shall be tried by a board of officers, to be appointed for that purpose by the officer ordering the same. Provided that in all cases the numbers <​members​> composing such board of officers as aforesaid shall be, as near as may be, the rank of the officer whose election shall be contested; and shall consist of not less than three nor more than seven members.

Sec 16. That the officer, appointing the board of officers as aforesaid, shall notify each member thereof in writing, of the time when, and place where, such board is to be held; and if any officer when so appointed and notified, as aforesaid, shall neglect or refuse to attend at the time and place of holding such board, he shall be liable to be fined as in other cases for neglect of duty, and the decision of all such boards of officers, which may at any time be instituted, as aforesaid, shall be final and conclusive.

Sec. 17. That when any election shall be contested, as aforesaid, it shall not be lawful for the officer, whose duty it may by to certify the same, to make return [p. 45]