Polls open how

Poll books furnished who by.

Canting the vote

Return of poll books.

Canvass of votes.

SEO. 15. That, at the several elections provided for in this act, the polls shall be opened between the hours of nine and ten o'clock A. M., and shall be kept open until and closed at sunset.

SEC. 16. That the tribunals transacting county business of the several counties, shall cause to be furnished to the several boards of judges in their respective counties, two poll books for each election hereinbefore provided for, upon which the clerks of election shall inscribe the name of every person who may vote at the said elections.

SEC. 17. That, after the closing of the polls at each of the aforesaid elections, the judges of such election shall proceed to count the votes cost, and designate the persons or objects for which they were cast; and shall make two correct tally lists of the same.

SEC. 18. That each of the boards of judges shall hold in safe keeping one poll book and tally list, and the ballots cast at each respective election; and shall, within ten days after such election, inclusive, cause the other poll book and tally list to be transmitted, by the hands of a sworn officer, to the clerk of the tribunal transacting county business of the counties in which said elections were holden, or to which the county may be attached for municipal purposes.

SEC. 19. That the tribunals transacting county business shall assemble at the county seats of their respective counties, on the second Tuesday after each of said elections, and shall canvass the votes cast at the elections held in the several precincts in their respective counties, and of the counties attached for municipal purposes. They shall hold, in safe keeping, the poll books and tally lists of said elections, and shall, within ten days thereafter, transmit, by the hands of a sworn officer, to the governor of the Certified abstract Territory, a certified abstract of the same, showing the number of votes cast for each person or object voted for, at each of the several precincts in their respective counties, and at each of the several precincts in the counties attached for municipal purposes, separately.

to be seat to governor.

Governor to issue hia proclamation

SEC. 20. That the governor of the Territory shall issue his before each elec- proclamation, not less than twenty days next preceding each respective election provided for in this act. Said proclamation shall contain an announcement of the several elections, the qualification of electors, the manner of conducting said elections, and of making the returns thereof as hereinbefore provided for, and shall publish such proclamation in one newspaper in each of the sev

lamation

plished.

eral counties of this Territory, in which a newspaper may be then published.

ter each election.

SEC. 21. That the governor of the Territory shall, on the Proclamation affourth Tuesday after each of the said elections, issue his proclamation and cause the same to be published in not less than three of the most prominent newspapers of Kansas Territory, declaring the result of the said elections in the several precincts of the several counties of the Territory of Kansas; and he shall forthwith proceed to issue certificates of election to all persons (if any)

thus elected.

SEO. 22. That in case of a tie vote between candidates for any of the offices provided for in this act, or in case of a vacancy by death, resignation or otherwise, the governor of the Territory shall issue his proclamation for a new election in the district in which such tie or vacancy may occur; said proclamation to be issued not less than ten days next preceding said election.

Tie vote provided

provisions of this

SEC. 23. That if any officer or person shall violate any of the Violation of the provisions of this act, he shall be deemed guilty of a misdemeanor, act, how punishand subject to a fine of not less than twenty nor more than five hundred dollars, or shall be imprisoned in the county jail, for a period not exceeding ten years, or both, at the discretion of the court; and it shall be the duty of the prosecuting attorneys of the several counties, to prosecute, in the name and behalf of the Territory, all violations of the provisions of this act, before any court having competent jurisdiction.

members and of

SEC. 24. That the members of said constitutional convention, Compensation of and all necessary officers thereof, shall receive for their servi- ficers. ces, cach, the sum of three dollars per day; and shall also receive three dollars for every twenty miles travel in going to and returning from said convention; said travel to be estimated by the nearest traveled route.

SEC. 25. That the sum of ten thousand dollars, or so much thereof as may be necessary to carry out the provisions of this act, be and the same is hereby appropriated out of any moneys in the treasury, not otherwise appropriated, to defray the necessary expenses incident to the formation of said Consitution and State Government.

SEC. 26. This act to take effect and be in force from and after
its passage.
A. LARZALERE,

Speaker of House of Representatives.
C. W. BABCOCK,
President of the Council.

Approved February 11, 1859.

Ten thousand to pay ex

dollars appropri

penses.

Joint meeting in

the hall of the House.

Who shall proside, rulos governing.

Disorderly be

havior, bow punished.

Same.

Disturbing proecedings, how punished.

Depositions may be read, when.

CHAPTER XXXII.

AN ACT authorizing the Council and House of Representatives to punish for contempt, and for other purposes.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. When, by the laws of this Territory, a joint meeting of the Council and House of Representatives is required, they shall assemble with their clerks, on the day and at the hour previously agreed on for that purpose, in the hall of the House of Representatives.

SEC. 2. When assembled, the president of the Council shall preside, and such meeting shall be governed by such standing rules as shall have been adopted for that purpose by the concur rence of both houses; they shall have power to punish any person, other than a member, for disorderly or contemptuous behavior in their presence, by fine and imprisonment, in the same manner and to the same extent, as either house may do for the like conduct before them, by the laws of this Territory.

SEC. 3. Any member of either house who shall be guilty of disorderly behavior, in the presence of such meeting, may be punished by the house of which he is a member, in the same manner as if the offense were committed in the presence of such house.

SEC. 4. If any person, whether a member or not, shall be guilty of any disorder in the presence of either house, or a committee of the whole, or in joint meeting of both houses, while in session, the presiding officer of such house or joint meeting, or chairman of the committee of the whole, may order such person into immediate custody, and the sergeant-at-arms or the doorkeeper shall immediately take such person into custody and detain him until the further order of the house, joint meeting or committee of the whole, before which the offense was committed.

SEC. 5. If any person, whether a member or not, shall disturb the proceedings of any committee of either house, or be guilty of disorder in their presence, the house appointing such committee, may punish such person as if the like offense were committed in the presence of such house; and, if such offense be committed before a joint committee of both houses, the president of the Council shall issue process, and both houses in joint meeting proceed thereon.

SEC. 6. In cases not otherwise provided for by law, depositions may be taken and read in either house or before a committee

thereof, or before both houses on joint meeting, in all cases where the taking and reading depositions would be allowed in any cause pending before any court of law.

SEC. 7. When necessary, the presiding officer of the house in which they are required, or of a joint meeting, may issue commissions to take such depositions as a court of law, and the proceedings in taking and returning depositions shall be the same as may be prescribed by law for taking depositions to be read in any court of law.

Presiding officer depositions.

may issue commission to take

may be issued

when and by

whom.

SEC. 8. Each house, or both houses in joint meeting, may Writs and process cause to be issued necessary writs and process to summon and compel any person, charged with any offence whereof they have jurisdiction, to appear before them or any committee thereof, and carry into execution their orders and sentences, and to summon and compel the attendance of witnesses, in as full a manner as any court of law and with like effect.

Subpoenas may be

SEC. 9. Subpoenas for witnesses shall be issued at the requested." of any member of either house, or the party accused or any member of any committee; and all process awarded by the House of Representatives, and subpoenas and other process for witnesses whose attendance is required therein or before any committee thereof, shall be under the hand of the speaker and attested by the chief clerk, and shall be executed by the sergeant-at-arms or a special messenger; and all such process awarded by the Council, or in a joint meeting of both houses, shall be under the hand of the president and attested by the chief clerk, and executed by their sergeant-at-arms or a special messenger.

nossos.

SEC. 10. Every witness attending either house, or a committee Fees allowed wit thereof, or a joint meeting of both houses, being summoned, shall have the same fees and traveling allowance as for the time being shall be allowed by law to witnesses for their attendance, to be paid as other costs.

and witness08,

SEC. 11. The fees of all officers and witnesses, before either Fees of officers house or a joint meeting, and all other costs and expenses aris- how paid. ing therein, shall be paid out of the contingent fund of the house in which the proceedings are had; or, if had in joint meeting of both houses, then out of the contingent fund of the legislative assembly, unless the party charged be adjudged to pay the costs and expenses, in which case he shall pay them, and payment thereof may be enforced by execution.

SEC. 12. Each house shall control its own contingent expenses; and when any account, properly chargeable to the House of Rep

Each house to contingent expenses.

trol its own con

fying to accounts.

resentatives, shall be adjusted and allowed according to the rules Manner of certi- of that house, a certificate thereof shall be granted, signed by the speaker and attested by the chief clerk; and when any account or demand for contingent expenses of the Council shall be allowed according to the rules of that house, a certificate thereof shall be granted, signed by the president and attested by the chief clerk.

Joint expenses, how controlled.

Of elections, Joint or several, by the Legislature.

Administration of oaths.

Called session, where held.

Flections of mem

bera for new districts.

SEC. 13. All joint expenses shall be controlled by their concurrent vote, and shall be ascertained and adjusted according to their joint rules; a certificate thereof shall be issued, signed by the president and countersigned by the chief clerk of the Council; and every such certificate shall specify the amount due, on what account, and the fund out of which it is to be paid; and the auditor of public accounts, on the delivery of such certificate to him, shall draw his warrant therefor accordingly, as in case of other demands against the Territory.

SEC. 14. In all elections made by either house, or by a joint vote of both houses, the votes of a majority of the members present shall be necessary to a choice; when such election shall be by joint vote, the president of the Council shall grant the person elected a certificate, which, in all cases where a commission is required, shall be sufficient to authorize the granting such commission.

SEC. 15. The president of the Council and speaker of the House of Representatives may administer all oaths and affirmations to officers of their respective houses; and the president of the Council, speaker of the House of Representatives, a chairman of the committee of either house, or a chairman of any standing or select committee of either house, may administer oaths and affirmations to witnesses, in any case under their examination.

SEC. 16. In the event of a called session of the Legislative Assembly of the Territory of Kansas, such session may meet at the seat of government or any other point in this Territory, in the discretion of the governor at the time of calling such session.

SEC. 17. When any district or county shall be so altered or divided during the term for which a member shall be elected, and the new district or county shall be authorized to elect their member before the expiration of the term of the former member, in that case the election to fill the vacancy shall be held for the district or county as it shall remain after such alteration or division, and not as it was at the last preceding general election.