violence, or other means, any elector to cast his vote against his will or inclination; or shall, by threats, violence, menace or otherwise, prevent any legal voter from voting at any election authorized by the constitution and laws of this state, shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not more than three years nor less than one year.

SEC. 34. All persons who present a certificate of registration, and whose names appear on the list of voters furnished the judge of election, shall be entitled to vote at any and all elections authorized by the constitution and laws of this state, and no challenge shall be allowed to debar such person from voting. The clerks of elections shall enter the names of electors on the poll books in the order which they present their ballots. The judge of election, after the elector has voted, shall write the word "voted" on the registration certificate, date the same and sign his name thereto.

SEC. 35. The clerks of election, after the ballot shall have been counted, shall make out an abstract and attach the same to the poll book, showing the whole number of votes cast for each person voted for, and the office for which the vote was cast. The abstract shall be certified by the judge and attested by the clerks, and before dispersing, one of the poll books shall be put under cover, and it shall be delivered to the county clerk by the judge of election within three days after the closing of the polls. The other poll book shall remain in the hands of the judge of election.

SEC. 36. If the judge of election shall fail or neglect to deliver one copy of the poll book to the county clerk within three days, the county clerk shall, on the fourth day, dispatch a messenger to bring up the same; and all expenses incurred by sending the messenger shall be paid by the defaulting judge of the election; and if such failure or neglect shall arise from any other cause than sickness or unavoidable accident, said judge shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not more than five hundred dollars.

SEC. 37. On the fifth day after the election, if the returns are all in, the county clerk shall open and compare the several election returns which have been made to his office, and make abstracts of the votes given for the several candidates for each office, on separate sheets of paper, which said abstracts shall be signed by the county clerk, and the same shall remain on file in his office as a record thereof.

SEC. 38. Each county clerk shall, within two days after making out the abstract mentioned in the preceding section, make out and deposit in the nearest post office, on the most direct route to the seat of government, certified copies of the abstracts filed in his office, of the returns of the election of all executive, judicial and legislative offices, and of presidential electors and members of Congress, directed to the secretary of state; and he shall at the same time inclose and direct to the speaker of the house of representatives a certified copy of the abstract of votes given for Governor, if an election for Governor was held; and he shall at the same time make out an abstract of the votes cast for presidential electors and forward the same to the Governor, if any election was held for presidential electors.

SEC. 39. If there shall be a failure to receive any of the returns of any election at the seat of government until the twentieth day of December following said election, the secretary of state shall dispatch a messenger to the county from which the returns have not been received, with directions to bring up said returns or a certified copy thereof. If such failure shall happen by reason of any fault or neglect of the clerk of the county, he shall for eit to the state the sum of five hundred dollars and all expenses of said messenger, to be recovered in an action before any court having jurisdiction thereof.

SEC. 40. It shall be the duty of the secretary of state, in the presence of the Governor, on the last Saturday in December after the election, or sooner, if all returns shall have been received, to cast up and arrange the votes from the several counties, or such of them as have made returns for persons voted

for as members of Congress, and the Governor shall immediately thereafter issue his proclamation, declaring the persons having the highest number of votes to be duly elected to represent the state in the house of representatives of the Congress of the United States, and shall grant a certificate thereof, under the seal of the state, to the person so elected.

SEC. 41. If two or more persons shall have an equal and a higher number of votes than the other candidates for Congress, the Governor shall issue his proclamation giving notice of such fact, and that an election will be held at the usual place of holding elections in the different counties in such congressional district, for the purpose of electing a member of Congress from such district; and the returns of such election shall be made in the same manner as required by this act for general elections, so far as the same may be applicable.

SEC. 42. It shall be the duty of the Governor, after he shall have received the returns of votes cast for presidential electors, to cast up the same and notify the persons elected, as soon as he shall have ascertained the same. The Governor shall deliver to each person elected a certificate, showing the names of such presidential electors. Said electors shall meet on the last Monday in December after the election, and then and there give, at the seat of government, their votes for president and vice president of the United States, and shall do and perform all the duties required of them by the act of Congress in that case made and provided. Each elector shall be entitled to six dollars per day for every day necessarily employed while at, and in going to and returning from the seat of government, and ten cents per mile for the distance necessarily traveled.

SEC. 43. It shall be the duty of the secretary of state, on the first day of each regular session, to make out a roll of the members of the General Assembly, and lay the same on the desk of the presiding officer of each house, as appears from the returns on file in his office.

SEC. 44. The presiding officer of the senate, during the first week of the session after each election for Governor, shall, in

the presence of both houses of the General Assembly, open and publish the returns of the election in the several counties for Governor, and the person receiving the highest number of votes shall be declared Governor; but if two or more persons shall receive an equal and the highest number of votes for Governor, the General Assembly shall, by a joint vote, determine the election of one of them, and the president of the senate and the speaker of the house of representatives shall make and deposit in the office of the secretary of state a certificate declaring which of the candidates has been elected.

SEC. 45. In all cases where a person has applied for registration and has been refused, and no determination has been made of the application for mandamus to compel the assessor to place the name of such person on the registration list, and such aggrieved person desires to vote at any election under the provisions of the "enforcement act" of Congress, such person shall be entitled to vote at all elections, protected by said enforcement act, by presenting to the judge of election a written or printed affidavit, taken before' some officer authorized by law to administer oaths, containing the elector's oath as prescribed in section five of article eight of the constitution of the State of Arkansas. The judge of election shall retain said affidavit, and the clerks of election shall note the word "affidavit" after the name of every person voting under the provisions of this section.

SEC. 46. Each registrar shall receive for his services six dollars per day for the time actually employed in the discharge of his duty under the provisions of this act. Each judge and clerk of election shall receive three dollars for his services as such judge and clerk at each election held under the provisions of this act. Said judge and clerk to be paid by the several counties.

SEC. 47. The sum of twenty thousand dollars, or so much thereof as may be necessary to carry out the provisions of this act, is hereby appropriated out of any money in the treasury not otherwise appropriated.

SEC. 48. All acts and parts of acts in conflict with the provisions of this act are hereby repealed, and this act shall take effect and be in force from and after its passage. Approved March 28, 1871.

LXVI.

AN ACT to authorize the county courts of the several counties of the State of Arkansas to issue bonds to build a court house and jail in the above mentioned counties.

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the county courts of the several counties of the State of Arkansas are hereby authorized to issue bonds not exceeding the sum of fifty thousand dollars, in each of saidcounties, for the purpose of building a court house and jail at the county seats of their respective counties, as hereinafter provided.

SEC. 2. Be it further enacted, That the bonds to be issued in pursuance of this act shall be for the sum of one hundred dollars each, in perfect form, payable one, two, three, four and