(inserting the names of all the persons for whom votes were given for any of the foregoing offices, and the number of votes given for each.)

Attest, E. F. First Constable, or presiding officer.

And such presiding officer shall seal up such certificate, and shall write thereon the name of the town, and the words

แ

Certificate of votes for Assistant Judges of the County Court, Judge of Probate, State's Attorney, Sheriff, High Bailiff, and Justices of the Peace," (for the town of

(if so many officers are voted for,) and shall deliver such certificate to some representative, chosen as a member of the general assembly, previous to the annual session thereof. And it is hereby made the duty of such presiding officer to write out at full length, as far as may be, the first or christian name of such person voted for. (Sec. 1 of No. 61 of 1850.)

SECT. 28. It shall be the duty of the canvassing committee, after having completed the canvass,* to deposit all certificates, presented to them, in the office of the secretary of state. (Sec. 2 of No. 61 of 1850.)

CONTESTING ELECTIONS, ETC.

SECT. 29. No person shall be permitted to contest, or call in question, the validity of the election of any returned member of the house of representatives, from any town, in this state, unless it shall appear that such member had been duly notified in writing, of the intention of such person to contest his election, within six days from the day of such election. (Sec. 24 of R. S.)

SECT. 30. No testimony shall be used at the hearing of any contested election, unless the same be taken in writing, within the town where the person resides whose election is contested, before some justice of the same county-not an inhabitant of such town— who, by law, might judge between the parties, at least six days be

* As provided for by the constitution; see the twentieth article of amendment.

fore the commencement of the then next session of the legislature, nor unless it shall appear by the certificate of such justice, that the person, whose election is contested, had been duly served with a notice of the time and place of taking such testimony, at least six days before the time set for taking the same. (Sec. 25 of R. S.)

SECT. 31. The person, whose election is contested, may take testimony in his behalf, at the time and place set for taking testimony against him, without notice, or at any other time and place within said town, before any justice, as aforesaid, by giving to the person, contesting his election, six days' notice thereof, in writing. (Sec. 26 of R. S.)

SECT. 32. [Sections twenty-five and twenty-six of said chapter be] (sections thirty and thirty-one of this chapter are) so amended, that any person, contesting the election of any member of the house of representatives, shall take the testimony on his part, within fourteen days after the election of such member, and the member whose seat is contested, shall close the taking of his testimony within eight days after the taking of the testimony of the contestant, and the contestant shall close the taking of his rebutting testimony within six days after the person whose seat is contested, has closed the taking of his testimony. (No. 16 of 1848.)

SECT. 33. No deposition shall be used before any committee, appointed by the senate and house of representatives, to canvass the votes given for governor, lieutenant governor, and treasurer of the state, touching the legality of said votes, unless it shall appear by the certificate of the justice, taking such deposition, that the presiding officer and the selectmen of the town in which such votes were given, were duly notified of the time and place of taking such deposition, and that the same was taken within such town, at least ten days before the session of the legislature. (Sec. 23 of R. S.)

SECT. 34. All testimony, touching the validity of any votes given for governor, lieutenant governor, treasurer of the state or senators, or of the election of any returned member of the house of representatives, from any town in this state, shall be signed by the witnesses, sworn to before the justice taking the same, and certified by him, in form as near, as may be, to that required in case of depositions taken to be used in civil causes. (Sec. 27 of R. S.)

SECT. 35. Every witness, who shall be duly summoned, and his fees tendered, shall attend and make his deposition, in the cases before provided for, at the time and place mentioned in said summons. (Sec. 28 of R. S.)

OF ELECTIONS OF REPRESENTATIVES TO CONGRESS.

SECT. 36. The state of Vermont is hereby divided into four congressional districts.

The first district shall be composed of the counties of Windham, Bennington and Rutland.

The second district shall be composed of the counties of Windsor and Orange.

The third district shall be composed of the counties of Addison, Chittenden, Franklin and Grand Isle.

The fourth district shall be composed of the counties of Washington, Caledonia, Essex, Orleans and Lamoille. (No. 3 of 1842.) SECT. 37. Each congressional district in this state shall be entitled to elect one representative to represent this state in the congress of the United States, who shall be an inhabitant of the same district. (Sec. 1 of No. 4 of 1842.)

SECT. 38. The first constable, and in case of his neglect, the town clerk, and in case of the neglect of both, the selectmen or either of them, in each town in this state, at least twelve days before the first Tuesdays of September in the year 1843 and in the year 1844, and twelve days before the first Tuesday of September, biennially, thereafter, (shall) set up notifications, at the usual places of warning freemen's meetings, notifying the freemen to meet on said first Tuesday of September, at the time and place designated by law for holding freemen's meetings in said towns respectively, for the purpose of electing such representative. (Sec. 31 of R. S. as amended by sec. 2 of No. 4 of 1842.)

SECT. 39. The first constable in each town, and, in his absence, either of the selectmen, or any justice in such town, shall preside at such meeting, and the presiding officer of said meeting shall call on the freemen, from time to time, until five o'clock in the afternoon of said day, to give in their ballots for a person to represent this state in the congress of the United States. (Sec. 32 of R. S.)

SECT. 40. Each person voting shall deliver his ballot, folded together, to the presiding officer, in the presence of the meeting ; on which ballot shall be written or printed the name of the person, whom such voter would elect. (Sec. 33 of R. S.)

SECT. 41. The presiding officer of such meeting, on receiving each ballot, shall direct the town clerk to write the name of the elector in a roll, to be by him kept for that purpose, and preserved on file, in his office; and the presiding officer shall examine each ballot presented, so far, and no farther, as to determine whether there be more than one, and, if there be more than one, the presiding officer shall make it known to the meeting and reject the same, and no vote shall afterwards be received from such elector, at such meeting. (Sec. 34 of R. S.)

SECT. 42. Immediately after five o'clock in the afternoon of said day, the ballots, so taken, shall be canvassed by the presiding officer, the town clerk, and such of the selectmen and justices of said town as may be present, and a certificate of the number of votes given for each candidate-of which a record shall be made in the town clerk's office-shall be signed by the presiding officer, and by him sealed up and superscribed with the name of the town in which such votes were given, and these words, Votes for Representative to Congress. (Sec. 35 of R. S.)

SECT. 43. The certificate of votes shall be in the form following, to wit:

day of

State of Vermont.

on

At a freemen's meeting, legally warned and holden at the the votes for representative to congress having been duly taken and canvassed, the following persons had the number of votes annexed to their names respectively, to wit:

(Sec. 36 of R. S.)

SECT. 44. The certificate of votes, sealed up and superscribed as aforesaid, shall be delivered by the presiding officer to the representative chosen to represent such town in the general assembly, or to the representative of an adjoining town, who shall deliver the same to the committee, to be elected by the general assembly to receive and canvass the votes given in each congressional district, respectively, for a representative to represent this state in the congress of the United States. (Sec. 37 of R. S.)

SECT. 45. The committee, appointed for each congressional district aforesaid, shall, severally, on the Monday next after the second Thursday of October, commence canvassing the votes given in their respective districts, and when the votes, legally given in by the freemen, shall have been canvassed, the committee shall declare the person having a majority of all the votes in said district, to be elected a representative, to represent this state in the congress of the United States, and shall immediately give notice to the governor. (Sec. 38 of R. S.)

SECT. 46. If, in any district, no person shall have a majority of all the votes given in said district, on the first Tuesday of September, as aforesaid, the committee, appointed to count the votes in such district, shall immediately give notice thereof to the governor, and forward to him a statement of the number of votes given for each person. (Sec. 39 of R. S.)

SECT. 47. It shall be the duty of the governor, immediately on receiving a notice from said committee, as aforesaid, to issue his proclamation, which shall be published in all the newspapers printed in said district, thereby making known to the electors of such district, that they have made no election, and also the number of votes given for each candidate, and requiring the freemen of such district. to meet at the same place in the several towns, where the meetings were last held for the election of representatives to congress, on the Tuesday next after the first Monday in November then next, at one o'clock, in the afternoon, to elect a person to represent this state in the congress of the United States, which said meeting shall be conducted in all things as herein before provided. (Sec. 40 of R. S. as amended by No. 14 of 1848.)

SECT. 48. A certificate of the number of votes for each candidate taken at every meeting hereafter to be holden as prescribed by section forty of said chapter one, (§ 47 of this chap.) signed, recorded, sealed up and superscribed as now provided by law, shall, by the presiding officer of such meeting, be delivered to the clerks of the respective counties in such district, within one week next after such meeting. (Sec. 41 of R. S. as amended by Sec. 3 of No. 4 of 1842.)

SECT. 49. The several clerks to whom the votes shall be delivered as aforesaid, shall meet on the second (see sec. 50) Tuesday succeeding the time of holding said meeting, at the following

places in the respective districts, to wit, in district number one, at the court house in Manchester; in district number two, at the congregational meeting house in Royalton; in district number three, at the court house in Burlington; and in district number four, at the court house in Danville; and proceed publicly to canvass said votes, and declare the persons having a majority, (see sec. 51) of all the votes duly elected as such representative as aforesaid, and give notice thereof to the governor of this state within one week from the time set for canvassing such votes. (Sec. 42 of R. S. as amended by sec. 4 of No. 4 of 1842.)

SECT. 50. Section forty-two of chapter one of the Revised Statutes, and section four of an act entitled "an act relating to the election of members of congress," approved November 12, 1842, (§ 49 of this chap.) shall be so amended that the time for the meeting of the county clerks in the several congressional districts, to canvass the votes for members of congress, shall be on the third instead of the second Tuesday succeeding the day of the election. (Sec. 6 of No. 14 of 1848 in part.)

SECT. 51. Section forty-two of chapter one of the Revised Statutes (§ 49 of this chap.) shall be so amended that it shall be the duty of the several clerks to whom the votes shall be delivered, at the meeting provided for in said section, to declare the person having the greatest number of all the votes, to be duly elected to represent this state in the congress of the United States, and give notice thereof to the governor of this state, within one week from the time appointed for canvassing such votes. (Sec. 3 of No. 14 of 1848.)

SECT. 52. In case of the absence or sickness of any clerk, the sheriff of the county, in which such clerk resides, shall perform all the duties required to be performed by said clerk in this chapter. (Sec. 43 of R. S.)

SECT. 53. It shall be the duty of said clerks, when canvassing the votes for representative to congress, to make out a true list of all the certificates from the several towns, with the number of votes for each person, designating such as they may judge legal, and such as are illegal, and lodge certified copies of said list with the several county clerks, in said district, open for inspection, and preserve the original certificates, until after the first session of the congress for which such election was made; and the committee, appointed by the legislature to canvass the votes given for representatives to congress, as before provided, shall make out a like list of the certificates from the several towns, and lodge a copy of the same, and the original certificates, with the secretary of state, to be by him kept until after the close of the first session of the congress for which such election was made. (Sec. 46 of R. S.)

SECT. 54. If the county clerks or sheriffs shall, in canvassing the votes in any district, be equally divided on any question relative to the admission of any votes, they shall call to their assistance one of the judges of the county court in the county where the votes are canvassed, who shall have an equal voice with the said clerks and sheriff's in canvassing such votes. (Sec. 47 of R. S.)

SECT. 55. The clerks, sheriffs and judges shall severally be sworn to a faithful discharge of the duties required of them, as be