The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-06-16
IroNrIErEp rRoN rIEsr 49, |


the supreme court, shall open the returns
Of abstracts made TO the Secretary Of
State for said Offices, 4greeably to the
provisions of the twent7 third section of
thls act; that if such returns shall not
have been received from all the counties,
recourse shall be had, for such delinquent
counties. tn 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 10 the different persons for
the several offices Of Governor, Lieutenant
Governor, Secretary of State, Auditor of
State. Treasurer of State, and Attorney
General, as the case may be; and the per-
sons having the highest number of votes
for any OF said officers, shall be considered
duly elected, and by the Governor so de.
Glared; if it shall appear from the returns
and abstracts aforesaid, that any Two or
more persons. for any one Of said off es,
have the highest and an equal number
OF votes. the Governor shall, by message,
communicate such to the General Assem-
bly,, at its fist session thereafter.
SEC. 60. That whenever vacancy
shall happen in the office of Representa-
tive To Congress, or Senator or Represen-
tatiye To the General Assembly, in any
co mty or counties in this State, entitled
by law to such Senator or Representative,
the Governor of The State fOl the time be-
ing. shall upon satisfactory information
thereof. issue writ or writS of election,
10 the sheriff or Sheritfs of said county or
counties, entitled by law to such Senator
or Representatives. ,as aforesaid, directing
him to hold special election within such
county or counties, on day specified in
such writ or writs, for the purpose of FL
ling such vsrancy; and the 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 and
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 thes same time specified
in this act.
SEC. 29, That in all elections for
members of Congress, to ill any vacancy,
under the two preceding sections Of this
act, the said sheritfs shall, within six days
after such election, attend at the seat of
justice in their proper counties, and re-
ceive from the clerk of the court 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 of the Secretary OF State,
and take his receipt therefor, UNDER the
penalty of five hundred dollars, to be re-
covered before any court having compe-
tent 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,
See. so. That the Secretary of State,
on the twenty-frst day from the holding
such special election, or sooner, if all the
returns shall be received, in the presence
of the Governor for time being, (or in his
absence, in the presence of the Auditor
and Treasure Of State, who are hereby
required forthwith to at end at the Office
OF the Secretary of State, on notice given
by said Secretary, J and such of the atore-
said shcritfs as may think proper to at.
tend, shall open the abstracts and canvass
the votes; and tie persons having the
greatest number of votes, shall be delared
duly elected; and the Governor for the
time being shall forthwith transmit tC
them certificate of their election, as a.
toEesaid.
Sec. 81 That whenever it shall so hap.
pen that the clerk of any court ofcommoa
pleas shall die, be absent, or from any
casualty be prevented from opening the
returns of yoles at any elections, it shall
be lawful for his deputy to discharge the
duties required of such clerk, by law; or
if the office of clerk is not represented by
deputy, and SUCH clerk being absent, or
in any wise disqualified To serve, as afore'
said. it shall BE- the special duty of the
probate Judge Of the county, in which such
election WAS held, to attend Immediately
ut the clerks office taking to his assistance
worcestershire hepeace, ,ofthe proper county
shall then proceed to open all the returns
of elections for such county, which shall
have been made to such clerks Office, and
perform the same duties that are required
VI the clerck of the court in such cases,
under the provisions of this act.
Sec. 32 That if any number of persons,
greater than the number Of the county of,
tcers directed to be filled, shall be equal
in votes, the clerk and justices, or judge
and JUSTICES aforesaid, lar the case may
be,) shall determine by lot, which of the
persons shall be duly elected.
Sec. 33. That no election shall be set
aside for want Of form in the poll books,
provided they contain the substance.
Sec. 81. That when two or more coun-
ties are joined in senatorial, rcpresen-
tative, or judicial district, the clerks of
such county or counties, of any such dis
trcts, that have smaller population, shall
make out fair abstracts Of the votes given
within any such county, under the seal Of
the court of common pleas, and atteSted
by the clerk, and transmit the same by
SPECIAL messenger to the clerk of the court
Of common pleas Of that county Of any
such district, having the largest population,
within ten days after the day Of election;
who shall receive apd open the same, in
the same manner as returns of election
districts, and incorporate the returns from
such county orcounties, having such small
ler populatin, with the returns of election
districts OF the county having the largest
population, and make out and deliver to
the persons elected, certificates Of their
election.
Sec. 35. That when any nt erif or cor
oner shall die, or by any other means be
incapable to serve Ms sheriff, or coroner.