||166 Utah Historical Quarterly be a tie given; the County Clerk and Judges, shall prepare and cast lots, and decide which of the candidates shall fill the office. Sec. 21. When the Election of any County or Precinct officer, is contested by two or more candidates; it shall be the duty of the County Court to decide between them; and give him, in whose favor they decide, a certificate of his Election. Sec. 22. Whenever a vacancy in any office shall occur, and a special Election shall become necessary, the Sheriff shall, ten days previous to the same, put up advertisements at three of the most public places in each Precinct in his County, stating the time and place of holding such Elections, unless otherwise directed in the writ of Election. Sec. 23. All contested Elections for Governor, Lieutenant Governor, Secretary of State, Treasurer, and Auditor of Public Accounts, shall be decided by a joint vote of both Houses of the General Assembly, in the Hall of the House of Representatives, the President of the Senate presiding. Sec. 24. If any person contest the Election of Governor, Lieutenant Governor, Secretary of State, Treasurer, or Auditor of Public Accounts, he shall present a petition to each House of the General Assembly setting forth the points on which he will contest the same, and the facts which he will prove in support of those points, praying for leave to produce his proofs, whereupon a vote shall be taken in each House, Yeas, and Nays, whether leave shall be granted, and if a majority of all the members of both Houses be in favor of the petitioner, they shall appoint a Joint Committee to take the testimony on the part of the petitioner, with power to send for persons and papers as witnesses, to meet at such time and place as they shall direct; and they shall notify the opposite party thereof, and of the points to be adduced, that he may attend with his witnesses: and said Committee, after taking the depositions of both parties, shall report the same to both Houses, and a day shall be fixed by a joint resolution for the meeting of both Houses to decide upon the same; on which decision, the Yeas, and Nays, shall be taken by the Clerks of both Houses, and entered upon their Journals. Sec. 25. If any Judge or Clerk of any Election, or any officer acting in any wise pertaining thereto, after they have undertaken to perform the duties pointed out in this Ordinance, fail so to do; (unless prevented by sickness, inability, or unavoidable circumstances,) he shall be subject to a fine and punishment, at the discretion of the County Court, having Jurisdiction. Sec. 26. All State, County, or Precinct offices that have been, or may be hereafter created, until the General Election Law of the State takes effect and not otherwise provided for by law, shall be filled by Executive appointment. Approved November 20, 1849.