Litchfield enquirer., 1851-07-31
CHAPTER XXXlII.

CHAPTER XXXlII.
An Act relating to Judges of Probate.
Be it enacted by the Senate and House
Of Representatives in General Assembly,
conv ened:
Sec. l. That the electors residing in
any probate district, and qualified to vote
for representatives in any town in such
dist, let, may, on the first Monday of
April, annually, while the ballot box in
such town shall remain open for the
choice of state officers, deposit therein
their votes or suffrages for judge Of pro.
bate for the DISTRICT in which such town
is situated, with the name written or
printed on the same piece Of paper on
which are written or printed the state Of
ticers, (if any are voted for by such cleo
tors,l Designating the Office of judge Of
probate against the name Of the person
SO voted for. And the ballots for Judge
of probate in any town, shall be counted
and publicly declared before the meet
ing is adjourned, in the same manner as
the ballots for state off eers.
Sec. 2. That the presiding officer shall
make, certify and seal, and return triplicate
lists of thevotes for judge of probate at any
electors meeting in the manner provided
by law for state officers; and every presi-
ding officer neglecting to make such returns
or wltully refusing or neglecting to make
such returns. or wilfully muking a false re-
turn OF such votes and also every sheriff
refusing TO receive such votes, or neglect
ing or refusing to return the same within
the time limited by the law relating to state
officers, shall, RESPECTIVELY, be subject to the
same penalties provided for like misconduct
in respect to,votes for state officers, in sec
tons 90 and 80 of san Act relating to cleo
tors and elections"
Sec. 3. The forIg of the return votes for
judges Of probate, and of the subscription
thereon, shall conform as nearly as may be
TO the forms prescribed by law for state Of
ficers, and blanks for such returns shall be
annually transmitted by tbs secretary of
state, to the several town clerks.
Sec. 4. The vote for judges of probate
shall be canvassed in the manner prescrib-
ed by the Constitution fos canvassing the
votes for governor and ether state officers;
and the person in each probate district who
shall be found upon such canvass, to have
received the greatest number of votes for
the Office of judge of probate, shall be de.
clared to be judge Of probate for such dis.
trict, by the canvassers Of said votes, and
shqll hold said office for one year, commen>
cling On the fourth day of July next, sue
succeeding his election and the Sec
rotary of state shall, within three days
after such declaration. give notice of their
election by mail, to tie several persons so
declared to be elected judges OF probate;
provided, that the General Assembly next
in session after said choice is declared, may
revise the decision OF the canvassers and
decide ultimately on the correctness and
legality Of their doings, and on oil questions
which may arise in regard to SUCH election.
Sec. 5. Whenever there is not or shall
not be any election of judge of probate in
any district, ut the annual electors meet.
ing in April, by reason of Two or more per-
sons having an equal and the highest mum
Der of votes, or whenever new probate
dis.ric, shall be created and no provision
made in the Act creating the same, for the
election of judge therein, or whenever
there is. OF shall be vacancy in such office
by reason Of death, resignation. or removal
from Office, the governor shall issue writs of
election, to fill the vacancy in said office for
the remainder of the official year, to be di>
rected aud proceeded with in all respects,
rs writs Of election to fill vacancy ia the
office Of representative TO Congress; and
all the proceedings at the elecOrs' meet
ings called in pursuance Of such writs oil
election, and all proceedings relative to the
counting, returning and canvassing OF the
vo rs, and ascertaiuing, declaring aud giving
notes of the election, shall be the same as
is provided herein, 10 relation to the annn>
al ELECTIONS on the first Monday in April.
Sec. 6. Whenever, in any probate dis
trict, the judge of an adjoining probate dis.
trict, may, by law, act therein. such judge
shall be designated and cited for that pur'
pose dy the clerk OF tho court of probate In
such first named district, or it there 10 no
such clerk. then by the judge OF the county
court Of the county 10 which such district
10 situated.
Sec. 7. The judges of the several pro-
bate courts, elected on the first Monday In
Anril. 1851, shall hold their Offices for the
period of one year, commencing on the 9Th
day of July, 1851; aud it shall be the duty
Of the secretary of state to notify, ny mail,
the persons appearing by the canvass OF the
votes for judges Of probate. made up and
presaMted 10 tho General Assembly by the
Icauyassers Of votes Cor state officers 10 have
been duly eleCted as such judges, OF thsil
election to said Office, on or before the hrsl
day Of July, 1851. -
ii Sec. Q. Ii ali probate districts whore, on
or at any time since the first Monday Ia
0 April last, there has been. or now 10, va,
!. cancy In the once of judge Of probate, anC
the person duty elected No judge OF salt
), district, on said FIRST Monday In April, ha'
5 sihcs acted ~ Judge the rein, Hll his acti