Rights of parties in contest

If there be a contest over the election, between a person

holding an office, who was voted for at the polls for election, and

some other competitor for the same office, the one shown by the

election returns to have been elected, shall, after qualifying and

giving bond as required by law, and on demand, be entitled to the

possession of the office, and perform the duties pending the

determination of the contest. When the contest is determined, the

successful party shall, on qualifying and giving bond, and on

demand, be entitled to the office. The salary shall, after the

contest is determined, be paid to the rightful claimant of the

office, and if paid in fees, the incumbent, if defeated in the

contest, shall be liable therefor on his official bond to the

rightful claimant. When the contest is determined adversely to the

occupant of the office, or if the former officer was not voted for

for re-election, or does not contest the election, then he shall at

once, at the expiration of his term, and on demand, surrender the

office to the successor elected, when he has qualified and given

bond as required by law, and on his failure so to surrender the

office he shall be deemed guilty of a misdemeanor, and upon

conviction, shall be imprisoned in the county jail not less than

thirty (30) days, nor more than six (6) months, and shall be liable

to a fine of not less than Fifty Dollars ($50.00) nor more than

Three Hundred Dollars ($300.00), and each and every week the officer

so holds over shall be deemed a separate offense.

R.L. 1910, § 4273.