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Sec. 28. That whenever a vacancy shall happen in the Vacancies in office of Representative to Congress, or Senator or Represen- to Congress and tative to the General Assembly, in any county or counties in General Assem: this State, entitled by law to such Senator or Representative, the Governor of the State for the time being, shall, upon satisfactory information thereof, issue a writ or writs of election, to the sheriff or sheriffs of said county or counties, entitled by law to such Senator or Representative, as aforesaid, directing him to hold a special election within such county or counties, on a day specified in such writ or writs, for the purpose of filling such vacancy; and the sheriff shall proceed to give notice of the time and place of holding such election, as in other cases; and such elections shall be held and conducted, and the returns thereof made to the clerk's office of the court of common pleas of the proper county, in the same manner, and within the same time specified in this act.
Sec. 29. That in all elections for members of Congress, to fill How returns any vacancy, under the two preceding sections of this act, the to Secretary of said sheriffs shall, within six days after such election, attend at the seat of justice in their proper counties, and receive from the clerk of the court of common pleas, an abstract of the votes given in such counties; and within twenty days from the day of election, shall transmit the same to the office of the Secre. tary of State, and take his receipt therefor, under the penalty of five hundred dollars, to be recovered before any court having competent jurisdiction thereof, in an action of debt, in the name of the county; and it shall be the duty of the county treasurer for the time being, to sue for, and recover the penalty aforesaid, for the use of the county.
Sec. 30. That the Secretary of State, on the twenty-first Votes to be day from the holding of such special election, or sooner, if all Secretary of the returns shall be received, in the presence of the Governor Stato, &ć. for the time being, (or in his absence, in the presence of the Auditor and Treasurer of State, who are hereby required forthwith to attend at the office of the Secretary of State, on notice given by said Secretary,) and such of the aforesaid sheriffs as may think proper to attend, shall open the abstracts and canvass the votes; and the persons having the greatest number of votes, shall be declared duly elected; and the Governor for the time being, shall forthwith transmit to them a certificate of of their election, as aforesaid.
Sec. 31. That whenever it shall so happen that the clerk Who shall act of any court of common pleas shall die, be absent, or from any cancy or abcasualty be prevented from opening the returns of votes at sence of clerk any elections, it shall be lawful for his deputy to discharge the pleas. duties required of such clerk, by law; or if the office of clerk is not represented by deputy, and such clerk being absent, or in anywise disqualified to serve, as aforesaid, it shall be the special duty of the probate judge of the county, in which such
Tie votes determined by lot.
Error in poll books shall not
In case of two or more coun
election was held, to attend immediately at the clerk's office, taking to his assistance two justices of the peace, of the proper county, shall then proceed to open all the returns of elections for such county, which shall have been made to such clerk's office, and perform the same duties that are required of the clerk of the court in such cases, under the provisions of this act.
Sec. 32. That if any number of persons, greater than the number of the county offices directed to be filled, shall be equal in votes, the clerk and justices, or judge and justices aforesaid, (as the case may be,) shall determine by lot, which of the persons shall be duly elected.
Sec. 33. That no election shall be set aside for want of vitiate election. form in the poll books, provided they contain the substance.
Sec. 34. "That when two or more counties are joined in a ties in one dis- senatorial, representative or judicial district, the clerks of such
county or counties, of any such districts, that have a smaller
in the same manner as returns of election districts, and incorporate the returns from such county or counties, having such smaller population, with the returns of election districts of the county having the largest population, and make out and deliver to the persons elected, certificates of their election.
Sec. 35. That when any sheriff or coroner shall die, or by any other means be incapable to serve as sheriff
, or coroner, it shall be the duty of the commissioners of the county where such vacancy may happen, if they, or a majority of them, shall determine that the public interest and the welfare of the coun. ty require it, to appoint a day, without delay, on which the qualified electors of said county shall meet in their respective townships or election districts, and proceed to the election of a sheriff or coroner, (as the case may be,) in the same manner as is directed in the case of the election of a sheriff or coroner; and the returns of such election shall be made to the clerk, and shall be opened and canvassed, in the same manner provided in this act, for elections at the general election.
Sec. 36. That the clerk and justices, or judge and justices, (as the case may be,) shall declare the person having the highest number of votes for probate judge, clerk of the court of common pleas, sheriff, coroner, county auditor, county commissioners, county treasurer, county recorder, county surveyor, judge of the criminal court of any county, and prosecuting attorney; and the person or persons having the highest
Vacancies in office of sheriff or coroner.
Proclamation of clerk and justices.
number of votes for senators or representatives of the General Assembly, duly elected; subjeci to an appeal (to the court of common pleas, of the proper county, in case of the contested election of the probate judge, clerk of the court of common pleas, sheriff, coroner, county auditor, county commissioners, county treasurer, county recorder, county surveyor, or prosecuting attorney; and to that branch of the General Assembly, to which any person may be returned,) when an election is contested; Provided, notice of such appeal, to the said court, be entered with the clerk thereof, within twenty days from the day of election.
Sec. 37. That the clerk shall make out for the probate Clerk to issue judge, clerk of the court of common pleas, sheriff, coroner, election. county auditor, county commissioners, county treasurer, county surveyor, judge of the county court, (if such there be,) and prosecuting attorney, and each of the senators and representatives to the general assembly, who have the highest number of votes given, a certificate of his election, and shall deliver the same to the person entitled thereto, upon demand, without fee; and he shall also make out for any candidate or elector of his county, an abstract of votes as aforesaid, upon being paid one dollar therefor.
SEC. 38. That if any candidate or elector shall, directly or Penalty for corindirectly, give or promise any meat, drink, or any other re- ors. ward, with the intention to procure his election, or the election of any candidate, he shall forfeit and pay for every such offence, a sum not exceeding five hundred dollars; and if a candidate, be rendered incapable, for two years, to serve in the office for which he was a candidate.
SEC. 39. That if any candidate or elector of the proper county or senatorial district, chooses to contest the validity of sentatives. an election, or the right of any person proclaimed duly elected to his seat in the Senate or House of Representatives, such person shall give notice thereof in writing, to the person whose election he intends to contest, or leave a written notice thereof at the house where such person last resided, within twenty days after the election, expressing the points on which the same will be contested, and the names of two justices of the peace who will officiate at the taking of the depositions, and when and where they will attend to take the same ; and such notice shall be served at least ten days before the day pointed out therein for the taking of the depositions; Provided, that the time fixed upon for taking such depositions shall not exceed thirty days from the day of election.
Sec. 40. That the said justices, or either of them, shall have Power and duty power, and are hereby authorized and required, to issue sub-contests. pænas to all persons whose testimony may be required by either of the parties; and the said two justices when met, shall hear and certify under seal, all testimony relative to such
Contests of Senators or repre.
contested election, to the presiding officer of the branch of the general assembly where the person whose seat is contest
ed, may be returned so serve at its next session. Electors only Sec. 41. That no person shall contest the election of any aay contest.
senator or representative, unless he is an elector of that coun. to irrelevant ty or district from which the person is returned to serve. No
testimony shall be received by the justices on the part of the person contesting the election, which does not relate to the point specified in the notice; a copy of which notice shall be delivered to the said justices, and by them transmitted to the presiding officer of that branch of the general assembly where the contest is to be decided, with the other documents.
Sec. 42. That the method to be pursued in contesting the ounty of
election of any person declared duly elected probate judge, clerk of the court of common pleas, sheriff, coroner, county auditor, county commissioners, county treasurer, county recorder, county surveyor, or prosecuting attorney, shall be at the instance of a candidate or elector of the proper county, and shall, in every respect, be similar to the method directed as aforesaid, to be pursued in contesting the election of senators and representatives to the general assembly, save only that the testimony taken as aforesaid, and all matters relative to such contest, shall be sent to the court of common pleas of the proper county, on or before the second day of the term next ensuing the thirty days allowed, in which to take depositions, by the preceding sections; and the said court of common pleas, at their said first term after thirty days shall have expired,
shall hear and determine the contest. fficers and jud.
Sec. 43. That any candidate or elector being desirous of contesting the election of any person declared elected governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, judge of the supreme court, member of the board of public works, judge of the court of common pleas, or judge of the criminal court of any county, shall, between the sixth and tenth days after the commencement of the first general assembly after the day of elec. tion, file a notice of such intention with the clerk of the senate, specifying the particular points on which he means to rely; Provided, that no person shall contest the election of common pleas judge, unless he be an elector of the proper judicial
district. rial by tho
Sec. 44. That upon any such notice being filed as afore. said, the senate shall, by resolution, determine on what day or days they will meet in their chamber, in order to hear and determine any such contest; and thereupon, a certified copy of the notice filed by any contestor, shall be served upon the offi. cer whose election is sought to be contested, or by leaving a copy thereof at his last or usual place of residence, by such person as shall by resolution be appointed, with a notice when he
ontests of state
is required to attend in the senate chamber to answer the con-
Sec. 45. That on the trial of any contested election for Testimonym
Sec. 46. That in conducting any contested election for Procedure on the offices in the forty-third section of this act named, the following rules shall be observed, to wit: 1st. On the day and at the hour appointed for that purpose, the senate, with its proper officers, at their usual place of meeting. 2d. When the president of the senate is not the acting governor, he shall preside; but when he is the acting governor, or contestor, the senate shall elect a president pro tem. 3d. The parties to the contest shall then be called by the clerk of the senate, and if they answer, their appearance shall be recorded. 41h. The contestor shall first introduce his testimony, and then the officer elect shall introduce his; and after the testimony is gone through on both sides, the contestor may, by himself or his counsel, open the contest; and the officer elect may then proceed, by himself or counsel, to make his defence, and the contestor be heard in reply. 5th. After the arguments are thus gone through, by the parties, any member of the senate shall be at liberty to offer his reasons for the vote he intends to give. 7th. [6th.] The clerk of the senate shall keep a reg. ular journal of the proceedings. 8th. [7th.] The manner of taking the decision shall be by an alphabetical call of the members, and a majority of all the votes given, shall decide; the president of the senate, when acting as governor, the person holding the seat, or contestor, not being permitted to vote, either upon the final decision, or upon any preliminary question that has any reference thereto.
Sec. 47. That the judge who carries the poll book to the Fees for retur clerk of the court of common pleas of the per county, shall be entitled to receive for the same, ten cents per mile, from the place of election to the seat of justice, to be paid out of the county treasury.
Sec. 48. That if any officer charged with any duties un- Penalty for der this act, shall refuse or neglect to perform the duties required of him by this act, according to the true interest [intent] and meaning thereof, he shall, on conviction therof, before any court having cognizance to that amount, be fined, in any sum, at the discretion of the court, not exceeding two hun. dred dollars.
Sec. 49. That all fines and penalties imposed by this act, How fines a and not therein otherwise provided for, shall be recovered, he recovered. with costs of suit, in an action of debt, for the use of the county.