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out of his hands, any writ or other process, whereon a duty is payable, shall ever, on any pretext, or under any circumstances whatever, return or discount the duties, required by law, to be paid thereon.

ed.

SECT. 12. No writ or process on which a duty is pay- No writ to be able, that has once been completed against any person, altered, after shall afterwards be altered into a writ against any other once complet person, without a further certificate of the duty having been again paid thereon; and the court before whom such writ shall be returned, wherein any such erasure or alteration shall appear, shall, ex officio, abate and dismiss the same, and shall tax costs in favor of the defendant therein.

SECT. 13. All monies, which may be received, by the clerks of the several county courts, for duties on appeals of duties. Appropriation and continuances, shall by them be paid over to the county treasurer, of the county in which they shall be received, to defray the ordinary expenses of the several counties; and all other monies that shall be collected from duties as aforesaid, shall be, and they are hereby pledged and appropriated for the sole use of supporting the civil government of the state.

TITLE 28. Election.

CHAP. I.

An Act regulating the election of Governor, Lieu-
tenant-Governor, Senators, members of the
House of Representatives, Treasurer, and
Secretary.

SECT. 1.

TRE it enacted by the Senate and House of Rep-
resentatives, in General Assembly convened,

That the constables of the several towns in the state,
shall warn the electors of their respective towns to meet Time and
on the first Monday of April, in each year, at the usual place of elect-
ors' meetings.
place of holding elections in each town, at nine o'clock

in the morning of said day; which warning shall be given Warning, how at least five days previous to said meetings, by posting given. notice thereof on the sign-posts in such towns respectively, and in such other places as they deem necessary: and every town is authorised, at a meeting, when special notice has been given for that purpose, to designate the place of holding electors' meetings.

SECT. 2. The town-clerk and select-men in the several Presiding offitowns, are hereby authorized, if they deem it expedient, cer, how deto designate the person who shall preside at such meet signated.

Representatives to be first

chosen.

Then, ballots to be given in

for senators.

Mode of balloting.

Election of

governor, lieutenantgovernor,

secretary.

of votes to be made.

Return of

ings of the electors; but in case no presiding officer is designated by the town-clerk and select-men, the electors shall choose the presiding officer; in which choice the town-clerk, if present, and in his absence, the oldest select-man present, shall preside.

SECT. 3. The electors present at any such meeting, shall first proceed to choose the representative, or representatives, to which such town is entitled in the general assembly next ensuing said election.

SECT. 4. At such meetings of the electors, immediately after the choice of representatives, the electors shall be called upon, by the presiding officer, to bring in their ballots for senators in the general assembly of this state, next ensuing said election; and each elector present, may thereupon deliver his vote or suffrage, for a number of persons, not exceeding twelve, whom he would choose senators, with the names written on one piece of paper. After the votes for senators are given in, the presiding officer shall call upon the electors to bring in their votes for the persons they would choose governor, lieutenantgovernor, treasurer, and secretary of the state, for the year ensuing said election, in the order above named ; treasurer, and the presiding officer, assisted by the town-clerk and selectmen, shall count the votes, and declare them in the public meeting of the electors; and shall also make duplicate Duplicate lists lists of the votes for senators, governor, lieutenant-governor, treasurer, and secretary; one of each of such lists of votes shall be sealed up, by the presiding officer, directed to the secretary of this state, and returned to the secrevotes, how to tary, or to the sheriff of the county in which the town is situate, within ten days after such meeting, and the other within three days after such meeting, shall be delivered to the town-clerk: each sheriff receiving said votes shall, within fifteen days after said meeting, return the same, or cause them to be returned, to the secretary of this state. The votes for lieutenant-governor, shall be counted by the same persons appointed to count the votes for governor; and a fair list of the votes for lieutenantgovernor, treasurer and secretary, shall be made, by the persons authorized to receive and count the same, and eral assembly. laid before the general assembly, on the first day of their session, who shall declare the persons elected to said offices respectively. And it shall be the duty of the secretary, to give notice by mail, to all persons chosen senators, of their election, immediately after their election is ascertained and declared. The votes for senators, lieutenant-governor, treasurer and secretary, shall be be counted in counted within the month of April, in each year; and April the original returns of all votes, made by the presiding

be made.

A fair list of votes to be

made and laid before gen

Votes for senators, &c. to

officer, shall be submitted to the general assembly, on the first day of their session.

In election of

majority of

votes necessa

ry.

SECT. 5. In the election of lieutenant-governor, treas- lieutenanturer and secretary, a majority of the votes given shall be governor, treasurer, and necessary to constitute a choice; and if no person has a secretary, majority of votes given for either of said officers, the a general assembly shall proceed to fill the vacancy. SECT. 6. In case the office of treasurer, secretary, or comptroller, become vacant, by death or resignation, the governor shall fill the vacancy, unless the same occurs during the session of the general assembly, in which case, they shall appoint a successor.

Vacancy in of fice of treasurer, secretary ler, how to be and comptrol

filled.

certificates of

SECT. 7. The presiding officers in the meetings of Presiding offithe electors, in the respective towns of this state, shall cers to make make out the certificates of the votes and proceedings votes. of the electors, according to the forms hereafter prescribed; that is to say, of the votes for senators in the general assembly, as follows, to wit:

le- Form of cer

tificates of

At a meeting of the electors in the town of gally warned and held, on the first Monday of April, A. D.—the following persons received the number senators, of votes annexed to their names respectively, for senators in the next general assembly of this state, to wit:

Names.

Number of votes, in words
at full length.

Duplicate list of votes for senators.
Certified by A. B. presiding officer.

Of the votes for governor, as follows, to wit: At a meet- For governor.

ing of the electors in the town of

legally warn

the

ed and held, on the first Monday of April, A. D.
following persons received the number of votes annex-
ed to their names respectively, for governor of this
-state, to wit:

Names.

Number of votes in words
at full length.

Duplicate list of votes for governor.
Certified by A. B. presiding officer.

Of the votes for lieutenant-governor, as follows, to wit: For lieutenant-
At a meeting of the electors in the town of-

le- governor.

gally warned and held, on the first Monday of April, A. D. the following persons received the number of

votes, annexed to their names respectively, for lieutenant-governor of this state, to wit:

Names.

Number of votes in words at full length.

Duplicate list of votes for lieutenant-governor.
Certified by A. B. presiding officer.

For treasurer. Of the votes for treasurer, as follows, to wit: At a meeting of the electors in the town of

legally

warned and held, on the first Monday of April, A.D.
the following persons received the number of votes an-
nexed to their names respectively, for treasurer of this

state, to wit:
Names.

Number of votes in words at full length.

Duplicate list of votes for treasurer.

Certified by A. B. presiding officer.

For secretary. Of the votes for secretary as follows, to wit: At a meeting of the electors in the town of

legally warn

ed and held, on the first Monday of April, A. D.
the following persons received the number of votes an-
nexed to their names respectively, for secretary of this
state, to wit:

Names.

Number of votes in words at full length.

Number of

votes to be inserted in

words at full length.

Duplicate list of votes for secretary.

Certified by A. B. presiding officer.

SECT. 8. The presiding officers, in making out said certified lists, shall insert the number of votes for each person voted for, in words at full length.

SECT. 9. The superscription on each of said certified Form of super- lists, to be returned to the secretary of this state, shall

scription.

be as follows, to wit:

To the secretary of this state.

Votes of the electors in the town of

(here insert the office,) taken and sealed up by

A. B. presiding officer.

for

distribute blank forms.

SECT. 10. The secretary of this state, for the time Secretary to being, shall annually transmit blank forms for the return of votes, to the town-clerks of the various towns in this state, for the use of said towns.

SECT. 11. If any person, who is not an elector, duly Penalty for unadmitted and sworn, shall give in a vote, in the election duly voting. of any of the members of the general assembly, or if any elector shall put in more than one vote for one person, at the same time, to one office; or shall put in more than one vote, at one and the same balloting, for a representative to the general assembly; he shall pay a fine of seventeen dollars, to the treasury of the state.

SECT. 12. Ifany person shall endeavor, unduly, to per- Undue influsuade or influence an elector, in giving his vote or suf- ence prohibitfrage, for any member of the legislature, or for any per- ed. son to be elected to an office, at an electors' meeting, by offering him a written vote or votes, for that purpose, without being first thereto requested, he shall forfeit seven Penalty. dollars, to the treasury of the town.

ished.

SECT. 13. No person shall offer, accept or receive any Bribery at money, or other thing, by way of gift, fee or reward, for elections pungiving, or refusing to give, a vote or suffrage for electing members of the general assembly, or any officer chosen at an electors' meeting; nor promise, procure, or in any way, confer any gratuity, reward, or preferment, for any vote given, or to be given, in any election; and every per

son, so offending, shall forfeit the sum of seventeen dol- Penalty.
lars, one half to him who shall prosecute to effect, and the
other half to the treasury of the town where the offence

is committed and every person who shall be convicted Second of a second time, of the like offence, shall be disfranchised. fence.

SECT. 14. Every person, elected by means of any ille- Elections, obgal practice, as aforesaid, shall be incapable of holding a tained by ilseat in the general assembly, unless he can shew, to the legal practices, void. satisfaction of the general assembly, that he was not, directly, or indirectly, concerned in it. And if any person, What acts who is elected a representative of any town, shall, by shall amount himself, or any other person, offer or distribute, gratuit- to undue influ ously, among the electors, any spiritous liquors, on the ence. day of their meeting for the choice of representatives, either before or after he shall be chosen; or shall, on any previous day, entertain the electors, in like manner, with the evident intent to procure the votes of said electors; he shall be considered as guilty of undue influence, and illegal practice, within the meaning of this act, and forfeit his seat in the house of representatives.

Disturbance

SECT. 15. If any person or persons shall, in any electors' meeting, by noise, tumult, quarelling, or by any unlaw- prohibited. ful act, disturb such meeting; or shall vilify or abuse

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