such district, and then and there compare the polls respectively taken at the election in their several counties, and having ascertained by faithful addition and comparison of the numbers on the respective polis, the person having the greatest number of votes upon the whole, giving their own votes in any case of the two foremost on such poll baving an equal number of votes, shall proceed to certify such elections under their hands and seals in manner and form following, to wit:

"We, A. B. sheriff of

County (or deputy sheriff as the case may be,) C. D. sheriff of county, (and so on reciting the name of the sheriff, and whether principal or deputy of each county in the district) composing one entire district entitled by law to appoint au elector to vote for a president of the United States, do hereby certify and inake known, that at an election held on at the court-house of our respective counties pursuant to law, the voters qualified to vote for an elector to choose a president of the United States, caused to be chosen one person, to wit: G. H. to represent the said district as an elector to vote for a president of the United States. Given under our hands and seals, this day of thousand seven hundred and eighty

one

Two fair duplicates of such certificate and return shall be made by the said sheriffs under their hands and seals, in the manner before recited, one of which shall be delivered to the person elected to represent the district, and the other shall be transmitted to the governor and council within twelve days, under the penalty of one hundred pounds, upon each sheriff holding such election, in case of failure herein, to be recovered by motion in any court of record, by the solicitor general, to the use of the commonwealth. And the governor and council shall thereupon advertise, in the public gazette, the names of the persons so elected, who shall assemble in the city of Richmond on the first Wednesday in February next, and proceed pursuant to the resolution of the fœderal convention, of the seventeenth of September, in the year of our Lord, one thousand seven hundred and eighty seven, and the provisions, in the constitution of government for the United States, to vote for a president.

V. Each elector chosen pursuant to this act, and failing to attend and vote for a president at the time

and place herein directed, and moreover to send and certify the same in manner directed by the constitution of government, shall, except in cases of sickness or any other unavoidable accidents, forfeit and pay twe hundred pounds, to be recovered by the solictor general, to the use of the commonwealth, by action of debt, bill, plaint or information, in any court of record.

VI. The said sheriff's shall under the penalty of fifty pounds, to be recovered on motion by the solicitor general, to the use of the commonwealth, in manner aforesaid, deliver to the clerks of their respective counties, within ten days after making their returns as aforesaid, the original poll books, to be by such clerk entered of record, under the like penalty for failure as for failing to record the poll books taken at the election of members to the general assembly and recoverable in like manner.

VII. Any sheriff or deputy sheriff refusing to take the poll, when he shall be required by a candidate or person qualified to vote for persons to the general assembly, or taking it in other manner than is herein before prescribed, or making or signing a false certificate or return of election, as herein before directed, or making any erasure or alteration in the poll books, or refusing to suffer any candidate or person qualified to vote, at his own expence to take a copy of the poll books, shall forfeit and pay one hundred pounds, which penalties may be recovered with costs in action 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.

VIII. Any candidate or other person in his behalf who shall directly or indirectly give or agree to give any voter or pretended voter, money, meat, drink, or other reward. in order to be elected or for having been elected, shall forfeit and pay five hundred pounds for each offence, to be recovered with costs by action of debt, to the use of any person who will prosecute for

the same.

IX. And be it further enacted, That the electors, so appointed to choose a president, shall be allowed for their travelling expences, five pence per mile, and ferriages, and for their daily attendance ten shillings, and be entitled to the same privileges from arrests as mem bers to the general assembly.

X. Provided always, and be it further enacted, That the fines and penalties hereby imposed upon sheriffs failing to perform any of the duties prescribed by this act, are declared not to extend to the sheriffs within the district of Kentucky; but such sheriff's shall proceed to execute the same under the best circumstances which the promulgation of this act will admit of.

CHAP. II.

An act for the election of representatives pursuant to the constitution of government of the United States.

[Passed the 20th of November, 1788]

tives to con

gress, under

districts.

1. WHEREAS the United States in congress as- Representa. sembled, did, on the thirteenth day of September, one thousand seven hundred and eighty-eight, resolve, that the new conthe first Wednesday in January next, be the day for stitution, how appointing electors in the several states, which before elected by the said day shall have ratified the new constitution of government for the United States; that the first Wednesday in February next be the day for the electors to assemble in their respective states, and vote for a president; and that the first Wednesday in March next be the time, and the present seat of congress the place, for commencing proceedings under the said constitution. And whereas, it is provided by the said constitution, that until the enumeration therein directed shall be taken, Virginia shall be entitled to ten members in the house of representatives, and that the times, places, and manner of holding elections for the same, shall be prescribed by the legislature: Be it therefore enacted by the General Assembly, That the counties within this commonwealth, shall be divided into ten districts, in manner following, to wit: The counties of Hampshire, Berkeley, Shenandoah, Hardy, Monongalia, Ohio, Randolph, Harrison and Frederick, shall compose one district; The counties of Mercer, Jefferson, Fayette,

Bourbon, Lincoln, Nelson, and Madison, shall compose another district: The counties of Botetourt, Rockbridge, Montgomery, Greenbrier, Washington, Augusta, Russell, Rockingham, and Pendleton, shall compose another district: The counties of Prince-William, Stafford, Loudoun, Fairfax, King-George, and Fauquier, shall compose another district: The counties of Albemarle, Amherst, Fluvanna, Goochland, Louisa, Spotsylvania, Orange, and Culpeper shall compose another district: The counties of Campbell, Charlotte, Buckingham, Bedford, Prince-Edward, Franklin, Henry, Pittsylvania, and Halifax, shall compose another district: The counties of Essex, Richmond, Westmoreland, Northumberland, Lancaster, Gloucester, Middlesex, King and Queen, King William, and Caroline, shall compose another district: The counties of Norfolk, Accomack, Northampton, Princess Anne, Nansemond, Isle of Wight, Surry, and Southampton, shall compose another district: The counties of Brunswick, Sussex, Greensville, Prince-George, Dinwiddie, Mecklenburg, Lunenburg, Amelia, Cumberland, and Powhatan, shall compose another district: And the counties of New Kent, Elizabeth-City, Warwick, York, Charles City, Chesterfield, Henrico, Hanover, and James-City, shall compose another district.

II. That the persons qualified by law to vote for members to the house of delegates, in each county composing a district, shall assemble at their respective county court-houses on the second day in February next, and then and there vote for some discreet and proper person, being a freeholder, and who shall have been a bona fide resident for twelve months within such district, as a member to the house of representatives for the United States. The high sheriff of each county, or, in case of his sickness or inability to attend, one of the deputy sheriff's, being first duly sworn by a magistrate of the county, to act impartially, and a certificate of the taking such oath, under the hand of the magistrate delivered to him, shall conduct the said election, at which no determination shall be had by view, but each person, qualified to vote, shall fairly and publicly poll, and the name of the voter shall be duly entered under the name of the person voted for, in proper poll books, to be provided by the sheriff, for

which purpose the said sheriff shall appoint so many writers as he shall think fit, who shall respectively take an oath, to be administered by him, or make solemn affirmation, that they will take the poll faithfully and impartially. He shall deliver a poll book to each writer, who shall enter in distinct columns under the name of the person voted for, the name of each elector voting for such person: Like proclamation and proceeding shall be had for conducting, continuing, and closing the poll in each county of a district, as is prescribed by law in the election of members to the general assembly, and proclamation shall also be made at the court-house door, of the person having the greatest number of votes on the poll, at the closing thereof.

III. Each elector shall be entitled to the same privilege from arrests, and be subject to the like penalty and forfeiture for failing to attend and vote at such election, as prescribed by law in the election of members to the general assembly; such failure to attend, to be discovered and proceeded on in like manner and under the same penalties, as is by law provided against such failures in the elections of members to the general assembly. Immediately after each election in a county, the clerks of the polls having first signed the same, and made oath to the truth thereof, (a certificate of which oath under the hand of a magistrate of the county, shall be subjoined to each poli) shall deliver the same to the sheriff who conducted the election, and such sheriff, together with the respective sheriffs who conducted the poll of the several counties in the district, but in case of sickness, death or other disability of the sheriff who shall have conducted the poll, then any other sheriff of the county in which such disability may happen, shall, within seven days, assemble at the court-house of the county first named in such district, and then and there compare the polls respectively taken at the elections in their several counties, and having ascertained by faithful addition and comparison of the numbers on the respective polls, the person having the greatest number of votes upon the whole, giving their own votes in any case of the two foremost on such polls having an equal number of votes, shall proceed to certify such election under their hands and seals in manner and form following, to wit:

"We, A. B. sheriff of county, (or deputy sheriff, as the case may be) C. D. sheriff of