The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-06-25

elinouent counties, agneably 10 the provis- 9.
ms Of the twensy-frst section Of this act, u
he Governor and Secretary OF Stale shall be
ovetned, so far as it relates TO such delin-
uent counties, by the last mentioned abb
tracts; and the persons having the highest
number Of votes for the respective offices T.
,amedin the twenty-fourth section Of this
Ict, shall be considered duly elected.
Sec. 26. That 1t shall appear, from the re-
Iurns and abstracts afore said, that any two OF
more persons, In any Of the Congressional |
districts, have the highest and an equal num-
Der of votes for Representative to Congress.
the Governor and Secretsry Of State shall
decide by lot which OF said persons shall be
duly elected: and the Governor shall give to
each persons so duly elected Representative
10 Congress, .certi6cate of his election; |
which certificate shall be signed by the Gov
ernor, and sealed with the Great Seal oi the
State, and countersigned BY the Secretary oil
State.
Sec, 81. That if the General Assembly
shall not be in session on the first Monday IN
January next after an election for all or any
part of the executive officers of this State, the
Governor and Secretary of State, within five
days thereafter in the Office of the Secretary
of State, in the presence of at least two OF the
Judges of the Supreme Court, shall open the
returns of abstracts madet to the Secretary OF
State for said offices, agreeably to the proyl-
sions of the twenty third section Of this act;
that if such returns shall not have been recelv-
ed from all the counties, recourse shall be had,
for such delinquent counties, to the returns oi
~.
the abstract made agreeably to the provisions
of the twenty first section OF this act /; ana
shall forthwith proceed to ascertainthe number
of votes given to the different persons for the
several offices Of Governor, Lieutenant Cover
nor, Secretary of State, Auditor OF State,
Treasurer of State, and Attorney General, as
the case may be; and the persons having the
highest number of votes for any of said OIL
ces, shall be considered duly elected, and by
the Governor SO declared; if it shall appear
from the returns and abstracts aforesaid, that
any two or more persons, for any one OF SAID
offices, have the highest and an equal number
of votes, the Governor shall, by message, COM
municate such to the General Assembly, at It's
first session thereafter.
Sec 26. That whenever a vacancy shall
happen in tie office of Representative to Con
gress, or Senator or Representative to the
General Assembly, in any county or counties
in this State, entitled by law to such Senator or
Representative, the Governor of the State for
the time being, shall, upon satisfactory infor-
nation thereof, issue writ or writs OF election,
to the sheriff or sheriffs of said county or coun
ties, entitled by law to such Senator or Repre-
sentative, as aforesaid directing him to hold Q
special election within such county or coun
ties, on day specified in such writ or writs
for the purpose of filling such vacancy and
the sheriff shall proceed to give notice of the
time and place Of holding such election as II
other cases; and such election shall be held
and conducted, and the returns thereof made tt
the clerks Office Of the court of common pleai
of the proper county, in the same manner, ant
within the same time specified in this act.
Sec. 80. That in all elections for member
of Congress, to fill any vacancy, under the tw'
preceding sections of this act, the said sheriff
shall, within six days after such election, at
tend at the seat of justice in their proper coun
ties, and receive from the clerk of the court o
common pleas, an abstract of the votes glvel
in such counties; and within twenty days fror
the day of election, shall transmit the same +
the office of the Secretary of State, and tax
his receipt therefor, under the penalty of fiv
hundred dollars, to be recovered before an
court having competent jurisdiction thereof, j
an action of debt, in the name of the county
and it shall be the duty Of the county treasu
rer for the time being, to sue for, and recove
the penalty aforesaid, for the use of the cour
ty.
Sec. 80. That the Secretary of State, on tll
twenty first day from the holding such specit
election, or sooner, if all the returns shall b
received, in the presence of the Governor fe
the time being, Cor in his absence, in the pre-
ence of the Auditor and Treasurer OF Stat
who are hereby required forthwith TO attend &
the Office of the Secretary of State, on motto
given by said Secretary,) and such OF tn
aforesaid sheriffs as may think propert to attent
shall open the abstracts and canvass the vote
and the persons having the greatest number {
votes, shall be declared duly elected and III
Governor for the time being, shall forhwit
transmit to them certificate of their election
as aforesaid.
l Sec. 81. That whenever it shall so happe
that the clerk of any court of common plea
shall die, be absent, or from any casualty
prevented from opening the returns of votes {
: any elections, it shall be lawful for his deput
to discharge the duties required of such clerl
= by law; or if the office of clerk is not represen
! ed by deputy, and such clerk being absent, {
Il in any wise disqualified to serve, as aforesai
e it shall be the special duty of the probat
d Judge of the county, in which such election VIZ
/ held, to attend Immediately at the clerks o
q fee, taking to his assistance two justices oftl
p peace, of the proper county, shall then prC
ceed to open all the returns of elections ft
such county, which shall have been made {
; such clerks office, and perform the same dl
3 : ties that are required of the clerk Of the cou
!, in such cases, under the provisions of th
l act.
! Sec. SO. That if any number of persons
] greater than the number of the county offices
rected to be filled, shall be equal in votes, tn
, clerk and justices, or judge and justices afor'
said, (as the case may be,) shall determine b
lot, which Of the persons shall be duly cleo
8 ed.
Sec 80. Tbatno election shall be set asid
= for want of form in the poll books, provided
they contain the substance.
Sec. 81. That when two or more countie
are Joined in senatorial, representative, ,or ju
: dicial district, the clerks Of such county o
e counties, of any such districts, that have
n smaller population, shall make out fair at
h stracts of the votes given within any sue
county, under the seal Of The court of commo
e pleas, and attested by the clerk, and transm
. = the same by special messenger o the clerk Q
{ the court of common pleas Of that county G
U any such district, having the largest popula
n tion, within ten days after the day of election
: same manner as returns of election districts
IS and incorporate the returns from such count
r or counties, having such smaller population
If with the returns of election districts of til
!. county hayingthe largest population, andmak