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Form of oath or affirmation.

declared your intention to become a citizen of the United States, pursuant to the laws thereof, six months preeeding this election, that you have resided in this township (or ward as the case may be) ten days next preceding this election, and that you have not voted at this election;" or

5th. "You do solemnly swear [or affirm] that you are twentyone years of age, that you are a native of the United States, that you are of Indian descent and do not belong to any tribe, that you have resided in this State three months, and in this township (or ward as the case may be) ten days next preceding this election, and that you have not voted at this election." If such person so challenged will take either of the above Penalty for oaths, his vote shall be received; but, if such person shall swearing falsely. therein swear falsely, upon conviction thereof, he shall be liable to the pains and penalties of perjury.

If oath taken, vote to be received.

SEC. 10. This act shall take effect immediately.

Senator in Congress, when to be elected.

Sec. repealed, 1851, p. 301.

An Act to Amend the Sixth Section of Chapter Eleven, Title Two, of Revised Statutes of 1846. [Approved Jan. 29, 1853. Laws of 1853, p. 24.]

SECTION 1. The People of the State of Michigan enact, That section six of chapter eleven, title two of the Revised Statutes of eighteen hundred and forty-six, be amended so as to read as follows, viz.:

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(129.) SEC. 5. Within ten days after a quorum of both houses of the Legislature shall be assembled, at their session immediately preceding the expiration of the time for which any Senator was elected to represent this State in Congress, an election shall be held for a Senator in Congress; which election may be continued from day to day until such Senator be elected."

(130.) SEC. 2. The eighty-sixth section of an act entitled, "An act to provide for holding general and special elections," Ante Sec. 110. approved June twenty-seven, eighteen hundred and fifty-one, be and the same is hereby repealed.

An Act to Amend Section Two of Chapter Nine of the Revised Statutes of eighteen hundred and forty-six.

[Approved January 29, 1853. Took effect May 16, 1853. Laws of 1853, p. 15.]

SECTION 1. The People of the State of Michigan enact, That section two of chapter nine of the Revised Statutes of eighteen hundred and forty-six, be amended so as to read as follows:

State to record

votes given in the

(131.) SEC. 2. The Secretary of State, on the receipt of the secretary of certified copies of the statement of votes given in the several statement of counties, directed by law to be sent to him by the county clerks, several counties. shall make a record of the aggregate number of votes given for each person in the several counties, in a suitable book to be kept by him for that purpose, and shall place on file and preserve such certified copies in his office. (e)

An Act Relative to Elections.

[Approved April 2, 1849. Laws of 1849, p. 355.]

when two or

have equal num.

members of the Legislature and County officers.

(132.) SECTION 1. Be it enacted by the Senate and House of Proceedings Representatives of the State of Michigan, That whenever in more persons elections of members of the State Legislature, or county officers, ber of votes for it shall appear, on the legal canvass of the votes, that two or more persons have received an equal number of votes, and that a failure to elect to any office is caused thereby, such persons shall draw lots for election to such office in the manner following the proper board of canvassers in each case shall appoint a day for the appearance of all such persons before the proper officer hereinafter provided, for the purpose of determining by lot among such persons the right to such office, and shall cause notice thereof to be given to all such persons. The officer before whom said drawing is to take place shall prepare as many slips of paper as there are such persons, and write the word "elected" on as many of said slips of paper as there are offices to be filled, and the words "not elected" on the remaining slips, and fold the same so as to conceal the writing, and so that all may appear as nearly alike as possible; said slips shall all be placed in a box, and at the time and place appointed for the drawing of said lots, each of such persons aforesaid may draw one of said slips from the box, and any such person drawing a slip in which is written the word "elected" shall be deemed legally elected to the office in question; and the officer conducting such drawing shall forthwith give him a certificate of such election.

who to be before.

(133.) SEC. 2. Drawing of lots, under the provisions of the Drawing of lots, preceding section, shall take place before the following officers: for the office of State Senator, before the county clerk of the county where the senatorial canvass is held; for the office of

(e) See Section 91. The section amended by this act is regarded as superseded by the act of June 27, 1851, which comprehends the whole subject of General and Special Elections.

General election.

Representative in the Legislature, and for any county officer before the county clerk of the county where each case shall arise: Provided, That in cases where the office of county clerk is in question, the drawing shall take place before the Sheriff of the county.

SEC. 3. This act shall take effect and be in force from and after its passage.

An Act to Provide for Holding General Elections in the Upper Peninsula.
[Approved April 7, 1851. Took effect July 8, 1851. Laws of 1851, p. 15.]

(134.) SECTION 1. The People of the State of Michigan enact, That a general election shall be held in the several townships and wards of that portion of the State denominated the Upper Peninsula, as described in section one, article nineteen of the revised Constitution, and such other territory as may be attached thereto for election purposes, on the last Tuesday of September, A. D. 1852, and on the last Tuesday of September Officers to be every two years thereafter; at which time shall be elected one Senator and three Representatives in the State Legislature, and such county officers as are authorized by law to be elected in the several counties of this State, except Prosecuting Attor neys; (f) which election shall be notified, conducted, canvassed, certified, determined and recorded, in all respects, as near as may be, according to the provisions of law relative to holding general elections, except as to the time above mentioned, and as is hereinafter provided. (g)

elected.

County and District canvass.

When election of

District Judge,

(195.) Sec. 2. The county canvass shall be held on the first Tuesday in October next after such election, and the district canvass shall be held on the last Tuesday of said October, at such places as shall be designated by law.

An Act to Provide for the Election of a District Judge, District Attorney, and Regent of the
University in the Upper Peninsula. (h)

[Took effect July 8, 1855. Laws of 1851, pp. 157, 213.]

(136.) SECTION 1. The People of the State of Michigan enact, District Attorney That an election shall be held in the several townships and wards of that portion of the State denominated the Upper Peninsula,

to be held.

(f) See Section 137.

(9) As amended by "An act to amend an act entitled tions in the Upper Peninsula, approved April 7, 1851."

an act to provide for holding General ElecLaws of 1851, p. 313.

(h) Being Act 121 of 1851, p. 157, as amended by Act 180 of 1851, p. 312.

ducted

as described in section one, article nineteen of the Revised When Election of Regent held, Constitution, on the last Tuesday of September, in the year and how cor eighteen hundred and fifty-one, and on the last Tuesday of September, every sixth year thereafter, at which there shall be elected one District Judge for such district, and one Regent of the University, (i) in conjunction with the county of Wayne, and one District Attorney for said district, who shall be elected on the last Tuesday of September, in the year eighteen hundred and fifty-one, and on the last Tuesday of September, every two years thereafter; which elections shall be notified, conducted, canvassed, certified, recorded, and the result thereof transmitted, in all respects, as near as may be, in conformity with the provisions of an act entitled "An act to provide for the election of Circuit Judges and Regents of the University," approved March tenth, eighteen hundred and fifty-one.

An Act to Abolish the Office of District Attorney for the Upper Peninsula, and Provide for the
Election of Prosecuting Attorneys of the several Counties therein.

[Approved Feb. 3, 1857. Laws of 1857, p. 42.]

torneys to be

Peninsula; When

(137.) SECTION 1. The People of the State of Michigan enact, Proscenting A At the election to be held in said Upper Peninsula on the last elected in Upper Tuesday of September, in the year eighteen hundred and fifty-elected. seven, and every two years thereafter, a Prosecuting Attorney for each organized county of said Upper Peninsula shall be elected by the electors thereof, whose term of office shall com- Term of office. mence on the first day of January next succeeding his election; and said Prosecuting Attorney shall have all the rights, Powers powers and duties of Prosecuting Attorneys under the general laws of this State.

duties.

and

ducting elections.

(138.) SEC. 2. The election for said Prosecuting Attorney Manner of con shall be notified, conducted, canvassed, certified and recorded, and the result thereof notified and transmitted in all respects, as near as may be, in conformity with the provisions of the canvass, etc. Statutes of this State, applicable to the election of county officers, except that the county canvass shall be on the second Tuesday next following the election; and any and each of the Prosecuting AtProsecuting Attorneys elected as aforesaid, shall be subject to jet to general all provisions of law relative to Prosecuting Attorneys in this State.

(i) See Section 6, Art. 13 of the Constitution, and Section 25 of Schedule to the Constitution.

torney to be sub

laws.

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(139.) SEC. 3. The office of District Attorney for the Upper Peninsula shall remain, and nothing contained in this act shall impair the duties of the office. (j)

TITLE IV.

OF CERTAIN STATE OFFICERS; OF COUNTIES AND COUNTY OFFI-
CERS; AND OF RESIGNATIONS, VACANCIES AND

REMOVALS FROM OFFICE.

CHAPTER VII. Of certain State Officers and their duties.

CHAPTER VIII. Of Commissioners of Deeds in other States.

CHAPTER IX. Of Counties.

CHAPTER X. Of County Officers and their duties.

CHAPTER XI. Of Resignations, Vacancies and Removals, and of supplying vacancies.

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(3) A discrepancy will be noticed between this section and the first clause of the title to the act.

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