The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-08-11

SEC. 28. That whenever vacancy
shall happen in the officeof Represents.
live to Congress-, or Senator or Reprssen.
tstiye 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 be.
ing, shall upon satisfactory information
thereof, issue a writ or writs Of election,
to the sheriff or sheriffs of said county or
counties, entitled by law to such Senator
or Representative, as aforesaid. directing
him to hold special election within such
county or caunties, on day specified in
such writ or writs, for the purpose OF filling
such vacancy; and the sheriff shall pro-
ceed to give notice of the time and place
ofholding such election as in other cases;
and such elections shall be held and con-
Quoted, 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 specifi-
ed in this act.
SEC. %. That in all elections for men,
bers of Congress, to fill any vacancy, un-
der the two preceding sections of this act.
the said sheriffs shall, within six days af-
ter such election, attend at the seat of JUS
tice in their proper counties, and receive
from the clerk of the court of common
pleas. an abstrct of the votes gived in such
counties; and within twenty days from the
day Of election. shall transmit the same to
to the office ofihe Secretary of State, and
take his receipt therefor, under the penalty
of five hundred dollars. to be recovered
before any court having competent jurs-
diction 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 countv. nf
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, (or in his alb.
sence, in the presence of the Auditor and
Treasurer of State, who are hereby requir-
ed forthwith to attend at the Office of the
Secretary of State, on notice given by said
Secretary and such of the aforesaid sher-
ifs as may think proper to attend, shall
open the abstracts and canvass the votes;
and the persons having the greatest num-
Der of votes, shall be declared duly elect
ed; and the Governor for the time being,
shall forthwith transmit to them a certifi'
cate of their election, as aforesaid.
Sec. 81. That whenever it shall so hap
pen that the clerk of any court OF common
pleas shall die. be absent, or from any cas-
ualty be prevented from opening the re-
turns of votes at any elections, it shall be
lawful for his deputy to discharge the du-
ties required Of such clerk, by law; or if the
office of clerk is mot represented by deputy,
and such clerk being absent, or in any
wise disqualified TO serve, as aforesaid, il
shall be the special duty of the probate
Judge OF the county, in which such election
was held. to attend Immediately at the
clerks Office, taking to his assistance two
justices of the peace, of the proper county
shall then proceed to open all the returns
Of elections for such county, which shall
have been made 10 such clerks office
and perform the same duties that are re-
uured OF the clerk of the court in such
cases, under the provisions Of this act.
Sec. 80. That if any number ofpersons
greater than the number oi the county Of
fees directed to be filled, shall be equal ir
votes, the clerk and justices, or judge ant
justices aforesaid, (as the case may be,
shall dete lmine by lot, which of the person:
shall be duly elected.
SEC. 80. That no election shall be Sc
aside for want of form in the poll books
provided they contain the substance.
SEC. "a. That when two or more coun
ties are Joined in a senatorial, representa-
tive, or judicial district, the clerks of sucf
county or counties, Of any such districts
tha, have a smaller population. shall make
: out fair abstracts of the votes given withir
any such county, under the seal Of thu
, court of common pleas, and attested by th'
/ clerk. and transmit the same by specia
, messenger to the clerk of the court of com
mon pleas OF, that county of any such dis
: ,rict, having the largest population, withir
ten days after the day of election; wit
t shall receive and open the same, in tn
: same manner as returns Of election dis
! tricts, and incorporate the returns from
, such county or counties, having sue
smaller population. with the returns of cleo
, ton districts Of The county having III
| largest population, and make out and de
, liver to the persons elected, certificate
OF their election.
, SEC. 35. That when any sheriff or cor
oner shall die, or by any other means b.
r incapable to serve as sheriff, or coroner
( it shall be the duty of the commissioner
t of any county where such vacancy ma.
, happen, if they, or majority OF them
> shall determine that the public interest AM
3 the welfare of the county require it, to ap
/ point day without delay, on which tn
, qualified electors of said county shall NEE
$ in their respective townships or election