presiding judge of the court, and the two judges of the district court, not interested, being nearest the capital of the State. If the Chief Justice should, for any cause, be unable to attend at the trial, the next senior judge, or the one longest on the supreme bench, Shall preside in place of the Chief Justice, and any question arising as to the membership of the court shall be determined by the members of the court not interested in the question. The Secretary of State Shall be the clerk of the court, or, in his absence or inability to act, the clerk of the Supreme Court shall be the clerk. Each member Of the court before entering upon the discharge of his duties, shall take an oath before the Secretary of State, or some officer qualified to administer oaths, that he will support the Constitution of the United States and that of the State of North Dakota, and that without fear, favor, affection or hope of reward, he will, to the best of his knowledge and ability, administer justice according to law and the facts in the case.
§ 3. Contestant May Apply to Court.] Any person who by the proclamation of the Governor, as hereinbefore provided, appears to have received not less than one-fifth of the votes cast in an election for Electors of President and Vice-President of the United States may apply to the court provided for in this act for a declaration of his election as elector.
§ 4. Application To State Grounds Of Contest.] Such application shall be made by petition in writing to be filed with the clerk of said court, Within ten days from the date of the proclamation provided for in Section 1 of this act, who shall forthwith convene the court. The petiton shall set forth the names of the person or persons whose election is contested and the grounds for such contest. The petitioner shall upon filing such petition and before any proceedings are had theron, file a bond to the State in such sum and with such sureties as the court shall order, to pay all costs incurred in the prosecution of such petition, in case he shall not prevail in the same.
§ 5. Notice To Party Contest, How Given.] Upon the filing Of Said petition and the giving of the said bond the said court shall Order due notice of the petition to be given, in such manner as it may direct, to the Governor of the State and to the person or persons Whose elections are contested, said notice to be published in such newspaper as the court shall order. Such notice shall contain a concise statement Of the substance of the petition and shall designate the day fixed by the court for the hearing of the same, which day shall be not less than three nor more than seven days from the filing of the petition.
$ 6. Apperance.] At the day fixed for the hearing the petitioner shall appear and produce his evidence and the person or persons whose election is contested may appear and produce evidence оп, their part. Either party may appear himself or by his
