the lot may fall, to convey said poll book to the office of the clerk of the county commissioners' court, shall neglect to perform such service, according to the true intent and meaning of this act, he shall be liable to the penalty of fifty dollars, to be recovered by action of debt in the name of the state, or of any person who may sue for the same, one half of the said fine to go to the use of the county, and the other half to the person so suing.

Sec. 21. Be it further enacted, That whoever shall, by bribery, menace, or other corrupt means, attempt to influence any elector of this state in giving his vote, or to deter him from giving the

same, at any election within this state held by vir- Fine for influenctue of this act, such person so offending shall be ing a vote,&e. disqualified to hold, exercise, or enjoy any office of trust or profit within this state, and shall pay a fine of one hundred dollars, to be recovered before any court having jurisdiction thereof; the one half to the person prosecuting, the other half to the county; and any person convicted thereof, or of any other infamous crime, in this state shall be excluded from the privilege of electing and being elected to any office whatever.

Sec. 22. Be it further enacted, That on the seventh day after the close of the election, or sooner, County clerks with if all the returns be received, the clerk of the 2 justices to open county commissioners' court, taking to his assist the returns, ance two justices of the peace of said county, shall proceed to open the said returns, and to make abstracts of the votes in the following manner: The abstracts of the votes for governor, lieutenant governor, and representative to congress, shall be on one sheet; and the abstracts of votes for senator and representatives to the general assembly, shall be on another sheet; and the abstracts of votes for county officers, shall be on another sheet; and it shall be the duty of the said clerk of the county commissioners' court, immediately to make out a certificate of election to each of the persons ing the highest number of votes, for senator and representatives to the general assembly, and to county officers respectively, and to deliver such Deliver certificate certificate to the person entitled to it, on his making application for that purpose at the office of said clerk: Provided, however, that where two or more counties are united in one senatorial or rep

hav

of election.

proseed.

Where two or resentative district, the elerk of the county commore counties vote missioners? court of the county last established, together, how to shall within five days after comparing the polls of his own county as aforesaid, attend at the office of the clerk of the senior county, and there, in conjunction with the clerk or clerks of the senior county or counties, shall compare the votes given in the several counties composing such senatorial or rep resentative district; and said clerks shall immediately make out a certificate of the election of the person or persons having the highest number of votes, in such counties for senator or representative to the general assembly, which certificate shall be delivered to the person entitled to it, on his application at the office of the clerk of the county commissioners' court of the senior county.

When two per sons have an equal

aumber of votes

Abstract of votes to be sent to the

secretary of state.

Sec.23. Be it further enacted, That if the requisite number of senators and representatives, and county officers shall not be elected, by reason of any two or more persons having an equal and the highest number of votes for the same office, the clerk or clerks whose duty it is to compare the polls, shall give notice to the several persons so having an equal number of votes, to attend at the office of the proper clerk, at a time to be appointed by the said clerk or clerks, who shall then and there proceed in a public manner to decide by lot which of the persons so having an equal number of votes shall be declared duly elected; and the said clerk or clerks shall grant to the person thus declared duly elected, a certificate of his election as hereinbefore provided.

Sec. 24. Be it further enacted, That the clerk of the county commissioners' court, immediately after making out abstracts of votes given in his county, shall make a copy of each of said abstracts, and transmit it by mail to the office of secretary of state; the abstracts of votes for governor, lieutenant-governor, and representative to congress, being addressed to the speaker of the house of representatives and enclosed with the other abstracts, to the secretary's office, as aforesaid; and it shall of be the duty of the secretary of state, at the opening of each session of the general assembly, to deliver all such abstracts of votes for governor, lieutenant-governor and representative to congress;

Secretary to delivabstracts.

er

votes to speaker.

or for either of them, to the speaker of the house of representatives.

Sec. 25 Be it further enacted, That if the returns of the election of any county in this state

shall not be received at the office of the secretary Secretary not re of state, within thirty days after the day of elec- ceiving abstracts within thirty days tion, the said secretary shall forthwith send a messenger to the clerk of the county commissioners' court of such county, whose duty it shall be to furnish said messenger with a copy of such returns: and such messenger shall be paid out of the state treasury, the sum of ten cents for each mile he shall necessarily travel in going to and returning from the office of such clerk.

Person elected

Governor to issue

Sec. 26. Be it further enacted, That any person who shall receive a certificate of his election as senator or representative of the general assembly, may resign sheriff, coroner, or county commissioner shall be at liberty to resign such office, though he may not have entered upon the execution of its duties, or have taken the requisite oath of office. And when any vacancy shall happen in the office of senator or representative to the general assembly by death, writ of election. resignation, or otherwise, the governor shall issue a writ of election, directed to the sheriff of the county in which such vacancy shall happen, commanding him to notify the several judges of election in the county, to hold a special election to fill such vacancy or vacancies, at a time to be appointed by the governor: Provided, that if there is to be no session of the general assembly between the happening of such vacancy and the time of the general election, it shall not be necessary to order a special election to fill such vacancy.

Sec. 27. Be it further enacted, That when any vacancy shall happen in either of the offices of sheriff, coroner, or county commissioner, the clerk of the county commissioners' court shall appoint a day to hold a special election to fill such vacanty; and shall give due notice to the several judges of the election to hold the same.

No election to be ordered unless the legislature shak meet before the

general election.

County clerk to order special election of sheriff, &&

Sec. 28. Be it further enacted, That when any Representative to vacancy shall happen in the office of representa- congress resigning, tive to congress from this state, it shall be the duty how to proceed of the governor to issue his proclamation appointing a day to hold a special election to fill such vacancy: Provided that the returns of all special

Certain persons to

canvass votes and governor to give

eertificate of elec.

tion.

election &c

élections of representative to congress, shall be directed to the secretary of state, and the secreta ry, attorney general, and auditor, or any two of them, in presence of the governor, shall proceed, within forty days after the election, and sooner if all the returns shall be received, to canvass the votes; and the governor shall grant a certificate of election to the person having the highest number of votes; and shall also issue a proclamation, declaring the election of such person: and in case there shall be no choice, on account of two persons having an equal, and he highest number of votes, the election between such persons shall be decided by lot, under the direction of the governor in the manner prescribed in the twenty-third section of this act.

Sec. 29. Be it further enacted, That the returns Returns to be open of all stated elections of representative to congress ed in presence of the legislature, and shall be opened and published by the speaker of the governor to the house of representatives, in the presence of give certificate of both houses of the general assembly, in the same manner as is provided by the constitution for opening and publishing the returns of the election of governor and lieutenant governor. And the governor shall on the recommendation of both houses of the general assembly, grant a certificate of election to the person having the highest number of votes; and shall also issue his proclamation declaring the election of such person.

Sec. 30. Be it further enacted, That if any candidate of the proper county shall desire to contest Persons contesting the validity of any election, or the right of any to give person declared duly elected, to hold his seat in

election

certain notice.

the senate or house of representatives, such candidate shall give notice of his intention, in writing, to the person whose election he intends to contest, or leave a written notice thereof at his usual place of residence, within thirty days after the day of election, expressing the points on which the same will be contested, the name of one of the justices of the peace who will attend at the taking of the depositions, the place where, and the time when, the same will be taken; which time so fixed upon for taking the depositions, shall not exceed sixty days from the day of election; and the party whose election is contested shall have a right to select another justice of the peace; and the two justices

of the peace so selected shall make choice of a In contested elec. tions, how to prothird justice; and the three justices selected as aforesaid, or a majority of them, shall have power,

ceed.

Justices may is sue attachments a

and they are hereby authorised, to issue subpoenas Justice may issue to all persons whose testimony may be required by subpoenas, either of the parties, commanding such person to appear and give testimony, at the time and place therein mentioned, under the penalty of fifty dollars to be levied on each and every delinquent who has been duly served with process. Provided however, that should the person whose election is contested, fail to nominate a justice of the peace as aforesaid, it shall be the duty of the justice nominated by the person contesting the election as aforesaid, to select a justice of the peace who shall proceed as above stated. And if any witness or witnesses so summoned shall fail or refuse to appear at the time specified in said notice, it shall be lawful for said justice, or either of them, to issue an attachment against such witness or witnesses; and the testimony of him, her, or them, so failing or refusing to appear, may be taken at any time before the next session of the legislature thereafter, by giving five days notice to the party whose Five days notice election is so contested, and to the party contesting necesary. the same; and if any justice of the peace, selected as aforesaid to attend to the taking of the depositions, shall, without reasonable excuse, neglect to attend at the time and place appointed, after having undertaken to attend, he shall forfeit and pay a fine of fifty dollars, to be recovered by action of debt, in any court having cognizance thereof, one half to the county, and the other half to the person who shall sue for the same. And the said justices

gainst witnesses.

Justice not atend

ing subject to fine.

when met shall hear and certify, under seal, all Justices to take testimony relative to said contested election, to the testimony, &c. the speaker of the senate, or to the speaker of the house of representatives, as the case may require. And no testimony shall be received by such jus- tices, on the part of the person contesting the election, which does not relate to the points specified In the notice; a copy of which notice, attested by the person who delivered or served the same, shall be delivered to the said justices, and by them transmitted, with the other documents, to the speaker of the senate, or to the speaker of the house of I

What testimony not to be received.