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will take the poll faithfully and impartially: He shall deliver a poll-book to each writer, who by ruling lines theron, having made as many columns as there shall he candidates, shall enter the name of each candidate in a distinct column at the head thereof, and under his pame in the same column the name of every elector, who shall vote for that candidate; and after the names of all the electors who will give their votes (proclama. tion having been made three times at the door of the court-house, or other place of holding such election, by the officer requiring those who had not been polled, to come in and give their votes) shall have been thus entered, he shall conclude the poll, and declare the can- Mode of dedidates for whom the greatest number of votes shall ap- ciding where pear to have been given to be elected; or if the great- candidates est number of votes for several candidates shall be e. ? qual with one another, he may declare which of the candidates he will elect. If the number of votes for Meeting of several persons to be a senator be equal, and the votes returning of:
ficers for se. of the returning officers be equal also, it shall be de- ni cided by a lot taken by the said returning officers at their meeting, which shall be within twenty days after the last day of election, at such place as shall be ap- ' pointed by the returning officer of the first county in which such election shall be, who is hereby commanded forthwith to give notice to the returning officers. No elector shall be admitted to poll a second time, at No elector to one and the same election, although at the first time he shall have given but a single vote. If the electors who When Dolls appear, be so numerous that they cannot all be polled may be kept before sun-setting: or if by rain or rise of water-courses, open. many of the electors may have been hindered from attending, the sheriff, or under sheriff, may by request of any one or more of the candidates, or their agents, adjourn the proceeding on the poll until the next day, and so from day to day for four days (Sundays excluded) if the same cause continue, giving pablic notice thereof by proclamation at the door of the courthouse, or other place of holding such elections, and shall on the last day of the election conclude the poll according to the directions aforesaid. On complaint
Contested e. to either hose of assembly of an undue election, or re- lections, huur turn of any member to their house, such house shall tried. forthwith appoint some day for trying the same, as shortly as shall be consistent with fair enquiry, but not
within less than fourteen days after such complaint Jodged, whereof notice shall be given by the speaker to the party against whom the complaint is, if he be absent; which day of trial may be lengthened from time to time, on good cause shewn to the house, and notice to the absent party. On the day appointed for the trial, the committee of privileges and elections shall proceed on the said disputed election, and report to the house of which they are members, their opinion thereon, before they proceed to any other business, and the said house shall, on receipt of the said report, immediately proceed to determine thereon, and either confirm or disagree to such report, as to them shall seem just. If any person sworn before the said committee, shall give, or withhold, any evidence under such circumstances as would have constituted the same to be perjury, if done in presence of a court of record, the
same shall be deemed perjury. If, on scruti. IV. If upon any such trial it shall appear that equal ny, votes e numbers of qualified electors shall have voted for the qual, how de. cided.
petitioner and the silting member, and the officer who conducted the election shall swear or solemnly affirm that if such equality had appeared at the election, he would have declared the petitioner elected, such petitioner shall be deemed duly elected; and his name instead of the name of the sitting member, which shall be erased, shall be inserted in the certificate or return. No elector shall be polled before he shall bave declared, if required to do so by any candidate or his agent, in what right he offers to vote, and shall have taken an oath, which the officer conducting the election shall
administer, or make a solemn affirmation in this form: Oath of elec. " I do swear (or do solemnly affirm) that I do in my
conscience believe myself to be duly qualified to vote for delegates to serve in general assembly for the county of
, according to the act of general assembly, intituled An act of which oath or affirmation a note shall be made in the poll-book opposite, and referring to the name of
the person swearing or affirming. Names of e. V. The making such oath or afirmation falsely, lectors refus. shall be perjury. The names of electors offering to be ing such oath to be entered polled, but refusing to make such oath or affirmation, separately. shall be entered on the poll-books in separate lists, with
the names of the candidates for whom they voted, and shall be added to the poll, if, upon a scrutiny the votes be justified.
VI. The sheriff or under sheriff shall certify the elec- form of cer. tion of delegates in this form, or to this effect: “Be it tificate of e. known to all to whom these presents shall come, that I lection of de , sheriff (or
legate. sheriff) of the county of
e in my full county, held at the court-house thereof (or at
) on the
day of . , in the year of our Lord
, by the electors of my said county, qualified according to law, caused to be chosen two delegates for my said county, namely
and to represent the same in general assembly. Given under my hand and seal, the day and year aforesaid." VII. The mayor of a city or borough entitled to par
nennoch entitled topor For a city or ticular representation, shall certify the election of a
borough. delegate in this form, or to this effect:" Be it known to all to whom these presents shall come, that I mayor of the city (or borough) of at the courthouse of (or at ) in the said city, (or borough) on the day of , in the year of our Lord i by the electors of the said city (or borough) qualified faccording to law, caused to be chosen a delegate for the said city (or borough) namely,
to represent the same in general assembly. Given under my hand and seal, the day and year aforesaid.”
VIII. The sheriffs, or under sheriffs of the several For a senator counties of a district, shall certify the election of a senator in this form or to this effect: Be it known to all to whom these presents shall come, that we sheriff (or , deputy of
sheriff) of the county of
; sheriff (or deputy of
, sheriff) of the county of and , sheriff (or
; deputy of , sherift) of the county of , in our full counties held at the court houses thereof (or at
respectively; on the day of , in the year of our Lord, , by the electors of our said respective counties, qualified according to law, caused to be chosen a senator for the district composed of the said counties, namely,
, to represent the same in general assembly. Given under our hands and seals, the day and year aforesaid.”
Returns of IX. The officers directed to make such certificates of
ections, elections as aforesaid, shall cause them to be delivered, when to be made.
those of delegates, to the clerk of the house of delegates, and those of senators, to the clerk of the senale,
one day at least before the succeeding session of geneElections to ral assembly. For election of a delegate or senator, supply vacan- when a vacancy shall happen, a writ or writs shall be cies.
issued by the speaker of that house whereof he was a member, but if the vacancy be occasioned by acceptance of an office, the writ or writs shall not be issued, without the special order of the house; and the officer to whom such writ shall be directed, so soon after the receipt thereof as he may be able, shall give the electors notice thereof as well as of the time and place of election, by advertisement to be affixed at four of the most convenient places in the county, and shall cause the election to be made in the manner herein before prescribed, and shall have the same power of adjourning the proceeding upon the poll, as in case of a general election. The return of such writ for electing a delegate or delegates, shall be in this form, or to this
effect: Upon the writ shall be endorsed these, or the Certificate, like words: “The execution of this writ appears in a tion.
elet schedule hereunto annexed;" and on another paper an
nexed to the writ shall be written, if the writ be for the
, in the year of our Jord,
, by the electors of my said county, qualified according to law, I caused to be chosen a delegate (or two delegates) for my said county, namely,
, in represent the same in general assembly. Given under my hand and seal, the day and year aforesaid." And if the writ be for the election of a delegate for a city or borough, these, or the like words, “By virtue of this writ to me directed, at the court-house of the city of
(or borough of , or at , in the borough of on the day of , in the year of our Lord,
, by the electors of the 'said city (or borough) qualified according to law, I caused to be chosen a delegate for the said city (or borougb) namely,
, to represent the same in general assembly. Given under my hand and seal, the day and year aforesaid;" and the return of
On such ele
the writs for electing a senator shall be in this form, or to this effect: Upon each writ shall be endorsed, these, or the like words, “ The execution of this writ appears in a schedule hereunto annexed;" and on another paper connecting the several writs together, shall be written these, or the like words, “By virtue of these writs to us directed, in our full counties, held at the court-houses thereof respectively (or at ) on the day of
, in the year of our Lord, by the electors of our said respective counties, qualified according to law, we caused to be chosen a senator for the district composed of our said counties, namely, w c , to represent the same in general assem
bly. Given under oor hands and seals, the day and year aforesaid."
X. And the officers conducting the elections, shall Returns. make their said returns to the general assembly, if it be sining, inmediately, or if it be not sitting, one day at least before the time to which the writ shall be relurnable. A sheriff, under sheriff, or mayor, refusing Penaltics on to take the poll when he shall be required by a candi- sheriffs, for
: breach of du. date, or elector, or taking it in other manner than is ty herein before prescribed, or making a false certificate or return of the election of a member or members to serve in the general assembly, or neglecting to cause the certificate or return of such election to be made to such clerli, and at or before such time as is herein before directed, shall forfeit and pay one hundred pounds; and neglecting to deliver the poll-books to the clerk of the court, to whom, and before the expiration of the time within which they are herein before directed to be delivered, or refusing to suffer any candidate or elector, at his own expence, to take a copy of the poll-books, shall forfeit and pay fifty pounds; which penalties may be recovered with costs in actions of debt, by any person who will sue for the same, one half to his own use, and the other half to the use of the commonwealth.--Any person hereafter to be elected to serve in the gene. Bribery at ral assembly, who shall directly or indirectly give or elections. agree to give any elector or pretended elector, money, meat, drink, or other reward, in order to be elected, or for having been elected, for such, or any other county, city, or borough, shall be expelled and disabled to be re-elected during the term of three years.
XI. The privilege of members of the general assem- Privilege of bly shall continue during every session, and one day members.