Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-06-17

court, shall open the returns of abstracts made to
the Secretary of State for said offices, agreeably
10 the provisions of the twenty-third section of
this act; that if such returns shall not have been
received from all the counties, recourse shall be
had, for such delinquent counties. to the returns
of the abstract made agreeably TO the provisions of
the twenty first section of this act; and shall
forthwith proceed to ascertain the number of
votes given to the different persons for the sever
al offices of Governor, Lieutenant Governor, Sec
retary 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 offices, 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
of said Offices, have the highest and an equal
number of votes, the Governor shall, by message,
communicate such to the General Assembly, at
its first session thereafter.
Sec. 49, That Whenever vacancy shall hap
pen in the office Of Representative to Congress, OF
Senator or Representative 10 the General Assem-
bly, in any county or CT untIes OF this Stale, en-
titled by law to such Senator or Representative,
the Governor oil the State for the time being,
shall, upon satisfaction t ereof, issue writ OF
writs of election to the sheriff or sheriffs of said
county or counties, entitled by law to such ST.
nator or Representative, as aforesaid, directing
him to hold special election within such coun-
ty or counties, on day specified in such writ ol
writs, for the purpose Of filling such vacancy
and he sheriff shall proceed to give notice of the
time and place of holding such election as in
other cases; and such election shall be held ant
conducted, and the returns thereof made to the
clerks office Of the court of common pleas of the
proper county, in the same manner and within
the same time specified in this act.
/ hat m n mon n
Congress, to fill any vacancy, under the two pre-
cedng sections Of this act, the saiC sheTffs shall
within six days after such election, attend at thu
seat of justice of their proper counties, and re.
ceve from the clerk Of the court Of common
pleas, an abstract Of the votes given in Sucl
counties; and within twenty days from the day
election, shall transmit the same to the Office O
the Secretary of State, and take his receipt there
for, under the penalty of f7e hundred dollars, tt
be recovered before any court having competent
jurisdiction thereof in an action of debt in the
name of the county; and it shall be the duty Of
the county treasurer for the time being, to sue
for, and recover the penalty aforesaid, for the use
| of the county. ,-... ...
SEC, 30. That the Secretary of State, on the
twenty first day from holding such special elec-
ton, or sooner il all the returns shall be receiv
ed, in the presence of the Governor for the time
being, Tor in his absence, in the presence of the
Auditor and Treasurer of State, who are hereby
required forthwith to attend at the Office Of the
Secretary of State, on notice given by said SecTe
tary,) and such of the aforesaid sheriffs as may
think proper to attend, shall open the abstracts
and canvass the votes; and the persons having the
greatest number of votes, shall be declared dul,
elected; and the Governor for the time being
shall forthwith transmit to them certificate O
their election, as aforesaid
SEC. 81. That whenever It shall so happei
that the clerk of any court of common pleas shal
die, be absent, or from any casualty be preventet
from opening the returns Of votes at any elec
tions it shall be lawful for his deputy to dis
charge the duties required by such clerk, by law
orif the ONCE Of clerk is not represented by de