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150

of thofe who neglect to ac

count.

Defaulters incapable of office for one year.

Treasurer to call them to account.

Duty.

him, and of the Names of fuch of the aforefaid Officers as fhall have neglected to render their Accounts to him as aforefaid.

4. Be it further enalea, That if any of the aforefaid Officers, fhall fail of rendering their Accounts agreeable to this Act, and of making payment of the Sums that fhall thereby appear Due, on or before the faid twentieth Day of May annually; every Officer fo in default fhall be incapable of holding or exercifing the Office, by means whereof he became a Receiver of fuch Duties, for and during the Term of one Year from and after his making Default of payment as aforefaid.

5. And be it further enacted, That when and fo often as any fuch Officer fhall be removed by death, or otherwise, or fhall be omitted in any Appointment on account of his not having made. fuch payment, it fhall be the Duty of the Treasurer to call fuch Officer, or his Executors, or Adminiftrators, to account for fuch Duties, as may be or remain in their hands, or may have been in the hands of fuch deceased, at the Time of his death; and the Cost, if any, that fhall arife by means thereof, fhall be paid by the Perfon, or the Executor, or Adminiftrator, who fhall have neglected to make fuch Return or Payment.

6. Be it further enacted, That if the Clerk of the Superior Treafurer to Court, or any of the Clerks of the Courts of Common Pleas, or of certifyneglects the City Courts, fhall neglect to comply with the requirements of of Clerks of this Act, it fhall be the Duty of the Treasurer forthwith to certify the fame to the Judge of the Court to which the Clerk so neglecting belongs.

Courts.

7. And be it further enacted, That no Writ ferved after the first Writs not val- Day of July One Thousand Seven Hundred and Eighty-four, or id, unlefs du- any Appeal taken after that Time, on which a Duty is laid as aty be paid. forefaid fhall be valid or authentic in Law, unless the Authority. figning fuch Writ, or certifying the Copies of fuch Appeal, fhall certify thereon in Writing, that faid Duty thereon is paid.

Duties once

paid, not to be paid back.

Writ against

to be altered

into a writ a

gainftanother.

8. Be it further enacted, That no Officers, who by this Act are made Receivers of faid Duties, after they have once figned, and delivered out of their Hands, any Writ, Warrant, Precept, or Paper, whereon a Duty is Payable, fhall ever, on any Pretence, or under any Circumstances whatever, return or discount the Duties required by Law to be paid thereon.

9. And be it further enacted, That no Writ or Procefs, that hath one perfon not once been completed and filled up against one Perfon, fhall afterwards be altered and converted into a Writ against any other Perfon, without a further Certificate of the Duties having been again paid thereon; And the Court or Authority before whom any fuch Writ fhall be returned, wherein there fhall appear to be any such Erasure or Alteration, fhall ex officio abate and dismiss the fame, and fhall tax Coft in favour of the Defendant thereon. 10. And be it further enacted, That the Certificate of the Auduty to be in thority figning any Writ or Procefs, fhall specify in Words at full wordsatlength Length the Amount of the Duties paid.

Certificate of

Duties appro

11. And be it further enacted, That all Sums that shall or may be priated. raifed and collected as aforefaid, (except Duties on Appeals and

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Continuances in the feveral County Courts,) fhall be and they are hereby pledged and appropriated for the fole Use of supporting the Civil Government of this State.

An Act for regulating the Election of the Governor,
Lieutenant Governor, Affiftants, &c.

500. 565,599

E it enacted by the Governor and Council, and Houfe
B of Reprefentatives, in General Court affembled, That Conftables to

ination.

PAR. 1. all Conftables in the feveral Towns in this State without further warn the freeOrder shall warn all the Freemen in their respective Towns to men to meet meet together Yearly on the third Monday of September, at nine yearly. of the Clock in the Morning at fome convenient Place, where their Meetings have ufually been held, when and where they fhall first choose Deputies or Representatives to attend the Gene- To choose repral Court in October then next enfuing: And then every Free- refentatives & man in each Town there prefent, fhall give in his Vote or Suffrage twentyperfons for twenty Perfons, their Names being fairly written on a Piece of to ftand in nom Paper, whom he judgeth qualified to ftand in Nomination for Election in the Month of May next following: which Votes or Suffrages fhall be delivered to an Affiftant or Juftice of the Peace (if any be prefent) otherwife to fuch Conftable as fhall inhabit in the Town where fuch Votes are given in; which Affiftant, Juftice or Conftable, fhall make Entry of the Names of all fuch Perfons as the Freemen do vote for; with the Number of Votes that each Person hath: A Copy whereof the faid Affistant, Juftice or Constable in each Town fhall fend fealed up, to the General Affembly in October next following, by the Deputy or Reprefentatives of fuch Town.

compared at

2. At which Affembly all the Votes of the Freemen of this State fhall be compared, and those twenty Perfons who fhall have Votes to be the greatest Number of Votes fhall be the Perfons whofe Names the affembly. fhall be returned to the feveral Towns to be the Perfons nominated to ftand for Election in May next following: Out of which Number the twelve Affiftants fhall be chofen. But the Freemen fhall have Liberty to choose the Governor, and Lieutenant Governor, where they fee caufe, of all or any Freemen within this State.

3. And all and every Constable shall attend this Order annually, on Penalty of forfeiting the Sum of Fourteen Dollars, to the Public Treasury of the State for every neglect theof.

Penalty on com ftables for neg

lect.

4. Be it further enacted, That the Election of Governor, Lieu- Election to be tenant Governor, Affiftants, and fuch other Public Officers as confummated fhall be appointed to be chofen, fhall by Proxy of the Freemen be at the affem. attended and confummated in the General Affembly to be holden bly in May. at Hartford, upon the fecond Thursday of May annually.

5. And that the Election by Proxies may be fo regulated and managed, as to prevent the ufing any Fraud or Deceit therein :

152

Nominations

to be diftribu

Election.

Be it further enacted, That the Secretary of the State, for the Time being, fhall with the Acts and Orders of the General Court ted to the fev- in October, Yearly, fend a Copy of the Names of all thofe Perfons who are nominated as aforefaid, to ftand for Election as aforefaid, to the Printer in order that the faid Perfons Names may with the faid Acts, be distributed to the feveral Towns in this State.

ral towns.

Conftables to warn the Freemen to

meet in April annually to

choose repre

fentatives.

565.

Mode of vo

6. And the feveral Constables in the respective Towns throughout this State, without further Order, on the Penalty aforefaid, fhall by themselves or fome deputed by them, warn all the Freemen in their refpective Towns to convene at the Place where fuch Meetings are ufually held, on the Monday next following the first Tuesday in April annually, at nine of the Clock in the Morning; when and where they fhall firft choose Deputies to attend the General Court in May next following; where alfo shall be read to them the Freemen's Oath, the three laft Paragraphs of this Act, and the Names of those Perfons nominated to stand for Election: And then the Freemen fhall proceed to bring in to. the Civil Authority (or if none be prefent) to the Conftable or Conftables prefent, the Name of him whom they would have for Governor for the Year enfuing, fairly written upon a Piece of Paper, which the faid Authority, or Conftable or Conftables fhall ting for Gov- receive, and in the prefence of the Freemen, feal up the fame in a Piece of Paper, and write on the outfide of the Paper fo fealed, the Name of the Town, and then add these Words, viz. Votes for the Governor. In like manner they fhall proceed in bringing in, fealing up, and writing upon their Votes for the Lieutenant Governor, Treasurer and Secretary. But before the Treasurer and Secretary are voted for, the Freemen fhall bring in their Votes for those nominated to stand for Election, beginning with him that stands firft in the Nomination, and bring in their Votes for him; which by the faid Authority, or Constable or Conftables, fhall be received, sealed up, and written upon as aforefaid, inferting the Name of the Perfon voted for; and fo fhail they proceed till they have paffed through the whole Nomination. But no one Freeman fhall vote for more than twelve of the Number in Nomination to be Affiftants. And the Votes for Election of Afsistants fhall be a written Piece of Paper; and no unwritten piece of Paper fhall be given in.

ernor.

Lieutenant
Governor.
Treasurer.
Secretary.
Affiftants.

Civil authority &c.

7. And the Civil Authority or Conftables who receive the To caufe the Votes and feal them up as aforefaid, fhall by themselves, or one of the Deputies of the Court, convey the faid Proxies to Hartford, and deliver them at the Election, as they fhall be ordered, to thofe Perfons who are appointed to receive, fort, and count the faid Votes.

votes to be
delivered to
the counters
at the Elec-
tion.

Governor and
Lt. Governor

to be firft
chofen and
declared,

and then the Amftants.

8. And at the Time of the Election (the Governor and Lieutenant-Governor being first chofen and declared) thofe ftanding in Nomination fhall be put to Election in the fame Order as they are propounded; after which those twelve Perfons who fhall have the greatest Number of Votes, fhall be the Affiftants of this State for the Year then enfuing; and fhall be fo declared accordingly. And alfo Declaration fhall be made of the Choice of the Treafu rer and Secretary.

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9. Be it enacted, That no Perfon fhall be capable of holding the Judges of the Office of Governor, Lieutenant Governor, Affiftant or Member fuperior court, incapable, &c of the House of Reprefentatives of this State, or of Senator, or Representative in the Congrefs of the United States, or either of them, and the Office of Judge of the Superior Court, at the fame Time.

10. And no Perfon holding an Office under the Authority of Perfons holda the United States, which would render him incapable of being a ing offices unMember of the Congrefs of the United States, fhall, while hold- der the United ing said Office, be a Member of the Legiflature of this State. States,incapa

ble, &c.

11. Be it enacted, That if any Perfon who is not a Freeman of this State, admitted and fworn according to Law, fhall prefume Penalty on to Vote or give in his Proxy in the Election of any of the Mem- fuch as vote, bers of the General Affembly; or if any Freeman fhall put in not being quaabove one Vote or Proxy for one Perfon at the fame Election to lified, &c. one Office, he fhall pay a Fine of Seventeen Dollars, to the Public Treasury of this State.

12. And whereas undue Influence, Bribery and Corruption in Elections, are of pernicious Tendency in a State:

Be it enacted, That if any Perfon fhall endeavor unduly to per- Penalty on fuade or influence any other Perfon or Perfons, in giving their fuch as undus Vote or Suffrage for any Member of the Legislature, by offering ly influence Perfon or Perfons, any written Vote or Votes for that any pofe, without being firft thereto requested, fuch Perfon fo offending, fhall pay a Fine of Seven Dollars, for the Ufe of the Town Treasury.

to

pur

others in theit votes.

599

13. And be it further enacted, That no Perfon or Perfons fhall offer, accept, or receive any Sum or Sums of Money, or other On fuch as Matter or Thing, by way of Gift, Fee, or Reward, for giving or give or receive refufing to give any Vote or Suffrage for electing any Member of å bribe. the General Affembly, nor promife, procure, or any ways confer any Gratuity, Reward, or Preferment for or on account of any Vote or Suffrage given or to be given in any Election. And every Perfon fo giving, offering, accepting or receiving as aforefaid, fhall in every such Cafe, forfeit and pay the Sun of Seventeen Dollars; one half to him or them that fhall fue for and pros fecute the fame to Effect, and the other half to the Treafury of the Town where the Offence is committed. And any Perfon who fhall be convicted a second Time of the like Offence, shall be disfranchised.

14. And that every Perfon who fhall be elected by means of Perfons undu fuch evil and illegal Practice as aforefaid, fhall be, and hereby is ly elected indeclared to be incapable to ferve as a Member in fuch Affembly; ferve. capable to unless fuch Perfon fhall be able to fatisfy faid Affembly, that the fame was done altogether without his Privity, and that he was Contables not directly or indirectly concerned therein. And it fhall be the grand-jurors Duty of every Conftable and Grand-juryman, to enquire after, to make pre. and make prefentment of all Breaches of this A&t.

X

fentment.

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Election.

An A&t for regulating the Election of Senators and Reprefentatives, for this State, in the Congrefs of the United States.

E it enacted by the Governor and Council, and Houfe

PAR. 1. of Reprefentatives, in General Court affembled, That

up

whenever any Vacancy fhall happen in the Representation of this State, in the Senate of the United States, by resignation or otherwife, the Legislature, (if then fitting) fhall proceed to fill faid Vacancy by a new Election; and in Cafe fuch Vacancy fhall happen in the Recels of the Legislature, the Governor and Council, for the Time being, fhall be the Executive to fill fuch Vacancy; and fhall convene at fuch Time and Place as fhall be appointed by the Governor, and proceed to fill fuch Vacancy, until the next Meeting of the Legiflature.

2. And be it further enacted, That the Freemen of the several Towns in this State, at the Freemen's-Meeting in April, in the Year of our Lord One Thoufand Seven Hundred and Nipety fix,and once in two Years thereafter, at the Freemen's Meeting in April, immediately after giving in their Votes for the Officers of Government, fhall each give in his Vote or Suffrage for fourteen Perfons, fuch as he judges qualified, to ftand in Nomination, for Election in the Month of October, then next following, as Reprefentatives of the People of this State, in the Congress of the United States, their Names being fairly written on a Piece of Paper, to the Perfon who by Law prefides in faid Meeting; who fhall in the Prefence of the Freemen, make Entry of all fach Perfons as the Freemen fhall vote for, and the Number of Votes for each; and lodge the fame in the Town-Clerk's Office, of the Town to which he belongs, and tranfmit a Copy under his Hand and Office, fealed up, to the General Affembly, in May then next following, by one of the Representatives of fuch Town; at which Affembly, the Votes of the Freemen fhall be counted in Manner and Form as is hereafter in this A&t directed. And the fourteen Perfons who have the greatest Number of Votes, fhall be the Perfons whofe Names fhall be returned to the feveral Towns, to ftand in the Nomination aforesaid.

3. And the Freemen of the feveral Towns in this State, at the Freemen's Meeting in September, then next following, immediately after the Votes of the Freemen for Perfons to ftand in Nomination as Affiftants are given in, fhall each of them give in his Vote, for a Number of Perfons contained in faid Nomination, for Representatives in Congress not exceeding seven to the fame Perfon prefiding and in the fame Manner; and the Person authorized to receive faid Votes, fhall proceed with, tranímit, and deliver faid Votes to fuch Perfons as are appointed to receive them at the General Affembly in October then next following in the fame Manner as by Law is prefcribed, relative to the Election of Affiftants in May annually, which Affembly fhall count the faid Votes of the Freemen in Manner and Form as hereafter in this

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