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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.

sect. 12. No writ or process on which a duty is payable, that has once been completed against any person, shall afterwards be altered into a writ against any other 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 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.

* E it enacted by the Senate and House of Repsect. 1. B 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 on the first Monday of April, in each year, at the usual place of holding elections in each town, at nine o'clock in the morning of said day; which warning shall be given at least five days previous to said meetings, by posting notice thereof on the sign-posts in such towns respective: ly, and in such other places as they deem necessary; and every town is authorised, ata 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 towns, are hereby authorized, if they deem it expedient, to designate the person who shall preside at such meet

No writ to be altered, after once complet? ed.

Appropriation of duties.

Time and place of electors' meetings.

Warning, how given.

Presiding offcer, how designated.

Representatives to be first chosen.

Then, ballots to be given in for senators.

Mode of balloting.

‘Ilection of overnor, ieutenantgovernor, treasurer, and secretary.

Duplicate lists of votes to be made.

Return of votes, how to be made.

A fair list of votes to be made and laid before general assembly.

Votes for senators, &c. to be counted in •April,

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 repre-
sentatives, to which such town is entitled in the general
assembly next ensuing said election.
sect. 4. At such meetings of the electors, immedi-
ately 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, lieutenant-
governor, treasurer, and secretary of the state, for the
year ensuing said election, in the order above named ;
the presiding officer, assisted by the town-clerk and select-
men, shall count the votes, and declare them in the pub-
lic meeting of the electors; and shall also make duplicate
lists of the votes for senators, governor, lieutenant-govern-
or, 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 secre-
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 lieutenant-
governor, treasurer and secretary, shall be made, by the
persons authorized to receive and count the same, and
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 se-
cretary, to give notice by mail, to all persons chosen
senators, of their election, immediately after their elec-
tion is ascertained and declared. The votes for senators,
lieutenant-governor, treasurer and secretary, shall be
counted within the month of April, in each year; and
the original returns of all votes, made by the presiding
officer, shall be submitted to the general assembly, on the
first day of their session.
sect. 5. In the election of lieutenant-governor, treas-
urer and secretary, a majority of the votes given shall be
necessary to constitute a choice; and if no person has a
majority of votes given for either of said officers, the
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.
sect. 7. The presiding officers in the meetings of
the electors, in the respective towns of this state, shall
make out the certificates of the votes and proceedings
of the electors, according to the forms hereafter prescrib-
ed; that is to say, of the votes for senators in the general
assembly, as follows, to wit: -
At a meeting of the electors in the town of le-
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 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-
ing 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 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: 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

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In election of
lieutenant-
governor,
treasurer, and
secretary,
a majority of
votes necessa-
ry.
Vacancy in of-
fice of treas-
urer, secretary
and comptrol-
ler, how to be
filled.
Presiding offi-
cers to make
certificates of
Votes.

Form of certificates of votes for senators,

For governor.

For lieutenantgovernor.

For treasurer.

For secretary.

Number of
votes to be in-
served in
words at full
length.
Form of super-
scription.

votes, annexed to their names respectively, for lieuten-
ant-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.

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.

Of the votes for secretary as follows, to wit: At a meet-
ing 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.

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 lists, to be returned to the secretary of this state, shall be as follows, to wit:

To the secretary of this state.

Votes of the electors in the town of — for

(here insert the office,) taken and sealed up by
A. B. presiding officer.

sect. 10. The secretary of this state, for the time 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 admitted and sworn, shall give in a vote, in the election 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. If any person shall endeavor, unduly, to persuade or influence an elector, in giving his vote or suf

frage, for any member of the legislature, or for any per- *

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
dollars, to the treasury of the town.
sect. 13. No person shall offer, accept or receive any
money, or other thing, by way of gift, fee or reward, for
giving, 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-
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
a second time, of the like offence, shall be disfranchised.
sect. 14. Every person, elected by means of any ille-
gal practice, as aforesaid, shall be incapable of holding a
seat in the general assembly, unless he can shew, to the
satisfaction of the general assembly, that he was not, di-
rectly, or indirectly, concerned in it. And if any person,
who is elected a representative of any town, shall, by
himself, or any other person, offer or distribute, gratuit-
ously, among the electors, any spiritous liquors, on the
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 for-
feit his seat in the house of representatives.
sect. 15. If any person or persons shall, in any elec-
tors’ meeting, by noise, tumult, quarelling, or by any unlaw-
ful act, disturb such meeting; or shall vilify or abuse

Secretary to. distribute blank forms.

Penalty for unduly voting.

Undue influence prohibit

Penalty.

Bribery at elections punished.

Penalty.

Second of. fence.

Elections, obtained by illegal practices, void.

What acts shall amount to undue influence.

Disturbance prohibited.

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