clerk.

whose office it occurred, the time when his term of office would have expired, and the day on which such election is to be held, which shall not be less than twenty nor more than forty days from the date of the order or writ, and the same shall be forthwith delivered to the sheriff of the proper county, or, in case of vacancy in a district composed of more than one county, then to the sheriff of each county in such district.

Seo. 28. The sheriff, on receiving either of the notices direct- Daty of sberib. ed in this chapter to be sent to him, shall forthwith cause a notice, in writing, to be delivered to the township clerk of each township, and to one of the inspectors of election in cach ward in any city of his county, or, if the vacancy be in a council or representative district within his county, then such notice shall be delivered to such officer in each township or ward in such district, which notice shall contain, in substance, the notices so received by such sheriff.

Sec. 29. The township clerk of every township, or city clerk, Duty of town or inspectors of any ward in any city, ten days previous to any general election, or on receiving either of the notices directed in this chapter to be delivered to him, shall give notice, in writing, under his hand, to the electors of his township or ward, of the time and place at which such election is to be held, and of the officers to be chosen; and, if the notice is for a general election, it shall state whether any of the officers, then to be chosen, are to fill vacancies, and the names of the last incumbents of the offices in which vacancies exist, and such township clerk or inspectors shall cause such notices to be posted up conspicuously in at least five of the most public places in his township or ward.

Sec. 30. Whenever, in any county, the office of sheriff shall When olerk of be vacant, and there shall be no person therein authorized to perform his duties, the clerk of the board of supervisors of such county shall receive and make out and deliver the notices of election, in this chapter required to be received, made out and delivered by such sheriff.

Sec. 31. Whenever a vacancy shall occur in the offices either Clerk of saperviof member of the Council or the House of Representatives, other- tivo to goverbor. wise than by resignation, it shall be the duty of the clerk of the board of supervisors of the county in which the member whose office is vacant shall have resided at the time of his election, to transmit, without delay, a notice of such vacancy to the gov

supervisors to act

sors to

ernor.

Seo. 32. The supervisors of each township shall be inspectors who shall be in

Whon electod.

Clocks of election

of election in each township, and the councilmen in cach ward of any city shall be inspectors of the election in such ward : Provided, That when there shall not be three councilmen in any ward, additional inspectors, to make up that number, shall be elected by a viva voce vote of the qualified voters present at the hour of opening the polls; and, when the number of councilmen in any ward shall exceed three, it shall be decided between such councilmen by lot, who shall serve as inspectors at such election.

Sec. 33. In case of the death, absence or refusal to act, of any or all the inspectors, the electors present may choose, viva voce, from the qualified electors of the township or ward, such number as, together with the inspector or inspectors present, if any, will constitute a board of three, and the person so chosen shall be authorized to act as inspectors of that election.

SEC. 34. The township clerk, if present, shall act as clerk of the election, and, before the opening of the polls, the inspectors at each poll shall appoint another competent person to be clerk of the election; and, if the township clerk be absent, the board shall appoint two clerks of election; the inspectors in each ward, in any city, shall appoint two clerks of election ; but no person shall act as clerk of the election who is not a qualified elector of the township or ward in which he is appointed.

Sec. 35. Whenever the chairman of the township board of supervisors is present, he shall be chairman of the election board; but, if he be absent, such one of their number as the inspectors shall appoint, shall be chairman.

Sec. 36. Previous to receiving any votes, the inspectors and clerks shall severally take an oath or affirmation that they will support the constitution of the United States and the organic act of this Territory, and will perform the duties of inspector (or clerk, as the case may be,) of election according to law, and will studiously endeavor to prevent all fraud, deceit or abuse in conducting the same, and that he is not interested, directly or indirectly, in any bet or wager on the result of the election. Such oath or affirmation shall be in writing, shall be subscribed by the persons taking the same, and may be administered by any person authorized to administer oaths, or by either of said inspectors, and shall be sworn to and returned, with the poll book, to the clerk of the board of supervisors.

Sec. 37. The polls shall be opened between the hours of cight and nine o'clock in the forenoon, and shall be kept open until six o'clock in the evening of the same day.

Chairman of oluutiou board.

Oath.

Polls open-how long.

Sec. 38. The inspectors shall cause proclamation to be made Closing pollo. of the opening and closing of the polls.

Seo. 39. Every elector shall vote by ballot, and each person Vote by balloe. offering to vote shall deliver his ballot to one of the inspectors, in presence of the board. The ballot shall be a paper ticket, Form of ballot. which shall contain, written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person, so named by him, is intended to be chosen ; but no ballot shall contain a greater number of names for any oslice than there are persons to be chosen to fill such office.

Src. 40. The names of all persons, voted for by any elector Allvamas on vas at any general or special clection, shall be on one ballot.

Swo. 41. If any person, offering to vote, shall be challenged Challenge of as unqualified, by an inspector or by a qualified voter, the board of inspectors shall declare, to the person so challenged, the qualifications of an elector. If such person shall state himself duly qualified, and the challenge shall not be withdrawn, one of the inspectors shall then tender to him the following oath: “You Oath, do solemnly swear (or affirin, as the case may be,) that you are twenty-one years of age; that you are a citizen of the United States, (or that you have declared your intention to become a citizen, conformably to the laws of the United States on the subject of naturalization,) that you have resided in this Territory three months; that you are now a resident of this township, (or ward, as the case may be,) and have resided therein ten days vext preceding this election; that you have not voted at this election, at this or any other poll, and that you have not made any bet or wager, or become directly or indirectly interested in any bet or wager depending upon the result of this election.” And, Foto rejootod-if any person so challenged shall refuse to take the oath so tendered, his vote shall be rejected: Provided, That in addition to said oath, in further proof of the citizenship of a foreign born person, or his having declared his intention to become a citizen, he shall produce a certificate of that fact, under the seal of somo authorized court: and, provided, That the inspectors may put any question to a person challenged, touching his qualification to vote, they may decm proper.

Sec. 42. There shall be provided and kept, by the township Ballot boxchi clerk of each township, at the expense of such township, and by the city clerk or officer acting in that capacity, for each ward in such city, at the expense of such city, a suitable ballot box, with

voting-how.

Xoll list.

Inspectore most challenge --when.

a lock and key; there shall be an opening through the lid of the

box, of a size sufficient to admit a single ballot, and no larger. Examined tefore Before opening the polls, the ballot box shall be carefully ex

amined that nothing may remain thorcin; it shall then be locked, and the key thereof delivered to one of the inspecters, to be designated by the board, and shull not lie openal during the election, except in the manner and for the purposes hereinafter men

tioned. Deposit of ballot, SEC. 43. When a ballat shall be receivel, one of the inspect

ors, without opening it, or permitting it to be opened or examined, shall deposit it in the box.

Sec. 44. Each clerk shall keep a poll list, which shall contain the names of all the persons voting at such election.

Sec. 45. It shall be the duty of each and every inspector to challenge any person offering to vote, whom he shall know or suspect not to be a qualified voter; and the board of inspectors shall possess full authority to maintain regularity and order, and to enforce obedience to their lawful commands during an election, and during the canvass and estimate of the votes.

Sec. 46. If any person shall refuse to obey the lawful commands of the inspectors, or, by disorderly conduct in their presence or hearing, shall interrupt or disturb their proceedings, they may order any constable, or other person, to take any person, so offending, into custoily, and commit him to prison for a period not exceeding twenty-four hours.

Sec. 47. As soon as the poll of the election shall be finally closed, the inspectors shall immediately proceed to canvass tho votes given at such clection, which canvass shall be public, and continued, without a journment, until completed.

Sec. 48. The canvass shall commence by a comparison of the poll lists from the cominencement, and a correction of any mis- . takes that may be found therein, until they shall agrre; the box shall then be opened, and the board shall then proceed to count the votes.

SEC. 49. If two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be laid aside until the count of the votes is completed; and if, upon a comparison of the count and the appearance of such ballots, a majority of the board shall be of opinion that the ballots thus folded together were voted by one elector, they shall be excluded from the count.

Disorderly conduct-how punisbed.

Canvass withont od journment.

low commenced,

Double ballots excluded.

plicate of vote

tors clerks.

corded by

,de

inan of township

Sec. 50. The canvass being completed, the inspectors shall statement and ån. draw

up a statement of the result, in writing, and cause a dupli- og ned de cierrecate thereof to be made, which statement and duplicate they shall certify to be correct, and subscribe to with their names; and said statement and duplicate shall also be attested by the clerks. Such statement shall set forth, in words, at length, the whole number of votes given for each officer at such election, the names of the persons for whom such votes were given, and the number of votes as given for each person.

Sec. 51. One of said statements shall forthwith be delivered on a statement reto the township clerk, to be filed and recorded by him; or, if made livered to hairin any ward of a city, then to the clerk of such city for the like board. purpose; and the other, together with one of the poll lists, shall be carefully enclosed, sealed up, and delivered to the chairman of the township board of supervisors, or such one of said supervisors as shall attend the meeting of the county board of canvassers at the time hereinafter provided.

Sec. 52. The inspectors shall carefully envelop and preserve Ballots to be proall ballots rejected or defective, as well as all the other ballots, and deliver the same, together with the other poll list, to the townslip or city clerk, as the case may require, to be filed in his office.

Sec. 53. On the Friday next following the election, at two County board o'clock in the afternoon, the supervisors from each township, to duties. whom were committed the statement and poll list, shall meet at the office of the county board of supervisors, and shall constitute the county board of canvasscrs. The chairman of the county board of supervisors, if present, shall act as chairman ; otherwise, one of their number shall be chosen chairman ; and the clerk of the county board of supervisors shall act as their clerk. After organizing, they shall proceed to open said returns, and make an estimate and statement of the vote, as follows: They shall make a separate statement, written out in words at length, containing the whole number of votes given in such county for Territorial officers, the names of the persons to [for] whom such votes were given, and the number of votes giren to [for] each ; another, of the votes given for members of the Council, when the county alone does not constitute a Council district; another, of the votes given for members of the Ilouse of Representatives, when the county alone does not constitute a Representative district; another, of the votes given for county officers; and another, of the votes given for members of the Council and of the House of Representatives, when the county constitutes one or