Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-08-26

oil this act, shall be considered duly
elected.
Sec. 26. That if it shall appear
from the returns and abstracts afore-
said, that any two or more persons,
in any of The congressional districts.
have The highest and an equal num-
Der Of votes for Representatives TO
Congress, the Governor and Secre>
iary OF State shall decide by lot
which OF said persons shall be duly
elected; and The Governor shall give
TO each person so duly elected Rep
.resentative TO Congress, certificate
of his election; which certificate
shall be signed by the Governor, and
sealed with the Great Seal Of the
State, and couniersigned by the
Secretary OF State.
Sec. 81. That if the General As.
sembIy 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 Secret .ry 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 made
10 the Secretary OF State for said
offices, agreeably to the provisions Of
the twenIy-third section Of this. act;
that if such returns shall not have
been received from all the counties,
recourse shall be had, for such delin~
quenI counties, 10 the returns OF the
abstract made agreeably to the pro.
visions OF the twenty-first section Of
this act; and shall forthwith proceed
TO ascertain the number Of votes
given 10 The different persons Tor
the several Offices OF Governor,
Lieutenant Governor, Secretary Of
State, Auditor of State, Treasurer oI
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 il shall appear from the
returns and abstracts aforesaid, that
any two or more persons, for any
one Of said offices, have the highest
and en- equal number Of votes, the
Governor shall, by message, commu-
nicate such to the General Assembly,
at IFS first session thereafter.
Sec. %. That whenever vacancy
shall happen in the office of Representa-
tive 10 Congress, or Senator or Repre-
sentative TO the General Assembly, in
any county or counties in this State, en-
titled by law 10 soch Senator or Repre-
sentative, the Governor Of the State for
the time being, shall, upon satisfactory
information thereof, issue writ or writs
of election, 10 the sheriff or sheriffs Of
said county or counties, entitled by law
to such Senator or Representative, as
aforesaid, directing him TO hold spe-
cial election within such county or coun-
ties, on day specified in such writ or
wrils. for the purpose of filling such va
cancy; and the sheriff shall proceed 10
give notice of the time and place ofhold-
ing such election as in other cases; and
such elections shall be he'd and conduc-
ted, and the returns thereof made 10 the
Z Ill Il y, nF fhn -
pleas Of the proper county, in the same
manner, and within the same time spe-
cited in this act.
Sec 90. That in all elections for
members of Congress, 10 fill any vacan-
cy. under the two preceding sections ol
this act, he said sheriffs shall. within
six da after such election, attend at the
seat Of justice in their proper counties
and receive from the clerk of the couri
of common pleas, an abstract OF the
votes given in such counties; and within
twenty days from the day Of election
shall transmit the same TO the Office ol
the Secretary Of Stale. and take his re
ceipt therefor, under the penalty of five
hundred dollars. TO be recovered before
any court having competent jurisdiction
thereof, in an action of debt. in the name
of the county; and ii shall be the duty Of
the county treasurer for the time being,
to sue for, and recover the penalty aiore'
said, for the use ofihe county
Sec. 80 That the Secretary of State
on the twenty first day from the holding
such special election, or sooner. if all
the returns shall be received, in the
presence of the Governor for the time
being, Tor in his absence, in the pres.
ence Of the Auditor and Treasurer Of
State, who are hereby required forthwith
TO attend at the Office Of the Secretary ot
State, on notice given by said Seereta-
ry, ! and such of the aforesaid sherifts as
may think proper TO attend, shall open
the abstracts and canvass the votesi and
the persons having the greatest number
of votes, shall be declared duly elected;
and the Governor for the time being,
shall forthwith traDsmitto them GER
tficaie of their election, as aforesaid
Sec. 81. That whenever il snai SO
I,appen that the clerk of any court OF
common pleas shall die be absent, or
from any casually be prevented rom
onening The returns Of votes at any cleo
,;ons Il shall be lawful for his deputy to
discharge the duties required OF such
clerk, BY law; or if the othce oil clerk IS