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Disagreement of inspectors.

When to meet.

Clerk.

Absence of inspectors or

to.

SECTION 4. That the judges of the elections, in their respective election districts, are hereby required to decide between the return inspectors, whenever they shall disagree in the performance of their duties, and the return inspectors shall forthwith act under such decision.

SECTION 5. That the said return inspectors shall meet, at their respective places for holding the election, before nine o'clock in the forenoon of the day of the election in each and every year at which said inspectors may be elected to act, and each of said return inspectors shall appoint one return clerk, who shall be a qualified voter of such election district, and who shall continue to act as return clerk during the ensuing year.

SECTION 6. That in case the person who shall have received the highest number of votes for return inspector, shall not at clerks, relative tend on the day of any election. then the judge of such election division shall appoint a return inspector in his place; and in case the person who shall have received the second highest number of votes for return inspector shall not attend, then the person who shall have received the second highest number of votes for judge of the elections, at the last preceding election, shall appoint a return inspector in his place; and in case any return clerk, appointed as aforesaid, shall neglect to attend at any election during the said year, it shall be the duty of the return inspector who appointed such return clerk, or the person filling the place of such return inspector, to forthwith appoint a suitable person as return clerk, qualified as aforesaid, who shall perform the duties for the year.

Forms of oath to be taken.

Oaths or affirma

and certified.

SECTION 7. That the return inspectors and return clerks aforesaid shall, before entering upon the duties of their offices, severally take and subscribe the oath or affirmation herein directed, which shall be administered by any judge, alderman or justice of the peace; and that the following shall be the form of oath or affirmation to be taken by each return inspector, viz:

I, (A B,) do that I will duly attend to the ensuing elec tion, during the continuance thereof, as a return inspector; that I will count the tickets as provided by law, and publicly make known the state of the votes in each and every hour; and that I will, in all things, truly, impartially and faithfully perform my duty, to the best of my judgment and abilities; and that I am not, directly or indirectly, interested in any bet or wager on the result of this election.

That the following shall be the form of oath or affirmation to be taken by each return clerk, viz:

1, (A B,) do that I will impartially, carefully and truly write down the number of votes which shall be given for each candidate, at the election, as often as his name shall be read to me by the return inspectors thereof; and in all things truly and faithfully perform my duty respecting the same, to the best of my judgment and ability; and that I am not, directly or indirectly, interested in any bet or wager on the result of this elec

tion.

SECTION S. That it shall be the duty of the said return clerk tions to be signed forthwith to make out two copies of the forms of each of the said oaths or affirmations, which shall be severally subscribed by each of the return inspectors and the return clerks, and the

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IF said oaths or affirmations shall be certified, under the hands of the judge, alderman or justice of the peace by whom they shall

t

the ballot box.

be administered, and one of the said certificates of oath or affir- One certificate to mation, taken or subscribed by the return inspectors and return be deposited in clerks, shall be deposited, with the other papers, in the ballot box, as now provided by law.

SECTION 9. That all the existing laws of this commonwealth Existing laws relative to elections in the city of Philadelphia, which now extended. direct and govern the inspectors and clerks of elections, are hereby extended to the return inspectors and return clerks aforesaid; that the said return inspectors and return clerks

shall receive the same compensation as now received by the in- Compensation. spectors and clerks of the elections under existing laws.

to deliver up

SECTION 10. That immediately after the polls shall have been Judge and reclosed and the return made out, each ballot box shall be carefully turn inspectors bound by tape and sealed up, and the judge and return inspec- boxes sealed, &c. tors shall severally affix their signatures, with their appropriate seals, to the said ballot box, before it shall be delivered up as hereinafter provided.

vault for ballot

corder and re

SECTION 11. That the commissioners for the city of Philadel- Commissioners to phia shall provide a fire-proof room, or vault, in the public build- provide room or ings of the said city, or some other suitable place, at which the boxes. judge of the elections, after the closing of the polls and the requirements of the law have been complied with, shall forthwith there deliver to the mayor and recorder of the city of Philadel- To be delivered phia the said ballot boxes; that the said room or vault shall not to mayor and rebe accessible to any other person than the mayor and recorder main in their aforesaid, who shall be present and receive, at the said room, or custody. vault, the ballot boxes from the return inspectors as aforesaid; that the mayor and recorder aforesaid shall not take or open, nor permit to be taken or opened, any ballot box deposited as aforesaid, for the space of one year after the same has been therein deposited, except when they shall be called upon by some court or other tribunal authorized to try the merits of such election; and after such trial or investigation it shall be the duty of the mayor and recorder aforesaid to have said box or boxes returned and deposited as aforesaid.

SECTION 12. That if any officer under this act, shall neglect or Penalty for nefail to perform the duties herein imposed upon them, then they, glect of duty. or either of them, shall, upon conviction, be sentenced to pay a fine of five hundred dollars, and undergo an imprisonment, by separate or solitary confinement, not exceeding three years, respectively, for every such offence.

SECTION 13. That the appointments and election of return in- Return inspecspectors and return clerks to act at the election on the second tors and clerks for election in Tuesday in October next, shall be made in the same manner as October next. if such officers had been previously elected and appointed, and had declined or refused to serve.

ELISHA W. DAVIS,
Speaker of the House of Representatives.

ROBT. M. PALMER,

Speaker of the Senate.

APPROVED-The first day of May, Anno Domini one thousand

eight hundred and sixty-one.

A. G. CURTIN.

No. 533.

AN ACT

Relative to the Claim of James Dignam, of Allegheny county.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly net, and it is hereby enacted by the authority of the same, That the auditor general, attorney general and state treasurer, be hereby authorized to examine the claim of James Dignam, for loss of time and detention occasioned by locomotives, et cetera, passing through the state tunnel when employed at the same, and ascertain and determine what amount of damages, if any, he may have sustained thereby, and report the same to this or the next legislature.

ELISHA W. DAVIS,

Speaker of the House of Representatives.

JOHN P. PENNEY,

Speaker of the Senate pro tem.

APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 534.

AN ACT

For the more convenient despatch of Public Business in the Courts of Philadelphia.

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That in addition to the commissioners heretofore authorized to be appointed to take depositions, et cetera, to used in the courts at Philadelphia, the judges of the supreme court of this state, of the district court for the city and county of Philadelphia, and of the court of common pleas for the county of Philadelphia, are hereby authorized and empowered to appoint one commis sioner, who shall have all the powers, privileges and preroga tive delegated to the other commissioners, and in addition thereto shall have full power and authority to hear and examine parties or witnesses, or both, in any ex parte proceeding to be

enacted upon by the said judges; and the testimony of such person or persons so taken and reduced to writing, and certified to by such commissioners, shall have the same effect in law as if such parties or witnesses were personally present before the said judges, and by them orally examined.

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APPROVED-The first day of May, Anno Domini one thousand eight hundred and sixty-one.

A. G. CURTIN.

No. 535.

AN ACT

Establishing Green Oak Ferry.

SECTION 1. Be it enacted by the Senate and House of Represen. tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That

a public ferry, to be known as Green Oak ferry, is hereby es- Ferry authorized tablished across the Youghiogheny river, from land of Frederick J. Wiegle, on, at and adjoining where the public road strikes said river, to the land of the Pittsburg and Youghiogheny coal company, on and at the ground where the public road strikes said river on said land.

SECTION 2. That Frederick J. Wiegle, his heirs and assigns, To be kept in shall own, establish and have the exclusive right to use the said good order. public ferry, and keep the same in good order and repair, and furnish all needful facilities for crossing said river, and receive

as tolls such amounts as are customary and by law allowed; and Tolls.
the said ferry and the owners thereof shall be subject to all Subject to.
general laws of this commonwealth regulating ferries.

SECTION 3. That all persons are hereby prohibited from using Prohibition. the said river for the purposes of a ferry, for the space of five hundred yards above and five hundred yards below the said ferry.

J. H. SELTZER,

Speaker of the House of Representatives pro tem.

JOHN P. PENNEY,

Speaker of the Senate pro tem.

APPROVED-The first day of May, Anno Domini one thousand

eight hundred and sixty-one.

A. G. CURTIN.

No. 536.

AN ACT

To provide for the Payment of Claims.

SECTION 1. Be it enacted by the Senate and House of Represen. tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Appropriation. the following sums be and the same are hereby appropriated for the payment of, and final settlement of the claims hereafter mentioned.

John Gemmill.

Christ, Long &
Co.

Dr W. Graydon.

SECTION 2. For the payment to John Gemmill, of Huntingdon county, the sum of three hundred dollars, the amount found to be due him, as reported by the auditor general, state treasurer and attorney general.

SECTION 3. For the payment of Christ, Long and Company, of Lancaster, the sum of one thousand one hundred and two dollars and seventy-eight cents, the amount found to be due them, as reported by the auditor general and state treasurer.

SECTION 4. For the payment to Dr. W. Graydon, for blacksmithing on Eastern division of public works, in one thousand eight hundred and fifty-three, eight dollars and eighty-eight Loreny, Stewart cents; and for the payment of Loreny, Stewart and Company, for spikes furnished on the Western division of public works, in one thousand eight hundred and fifty-six, eighteen dollars, the amount found to be due, as reported by the auditor general, state treasurer and attorney general.

& Ce.

Bergans and
Grim.

Wm. Mitchell.

Nicholas Heckman.

Generals Wm. H.

der.

SECTION 5. For the payment to Bergans and Grim, of Huntingdon county, the sum of four hundred and sixty-nine dollars and thirty-two cents, the amount found to be due, as reported by the auditor general.

SECTION 6. For the payment of cost in case of the commonwealth against James J. Dull, the sum of forty dollars and seventy-five cents, to be paid to Wm. Mitchell, prothonotary of Dauphin county.

SECTION 7. For the payment to Nicholas Heckman, of Berks county, the sum of thirty-seven dollars and forty cents, the same having been certified by the auditor general to be due said Heckman.

SECTION 8. For the payment to General Wm. H. Keim, seventyKeim, Geo. Hay eight dollars and twenty-eight cents; and to General George and W. Reifsny- Hay, seventy-seven dollars and twenty cents; and to General W. Reifsnyder, twenty-two dollars and ninety-six cents; and to Colonel L. S. Cantwell, thirty-five dollars and twelve cents, for expenses and per diem, in attending courts martial at Wilkesbarre and Erie, the same to be paid out of any money in the treasury not otherwise appropriated.

Col. L. S. Cant

well.

Charles Carter.

SECTION 9. For the payment of the claim of Charles Carter, the sum of one hundred and five dollars and fifty cents, in full for services as foreman on the Allegheny Portage railroad, as

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