Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-02-04

Sec. ss. Thai ia all elections Cor members
nf Congress, 10 6li any vacancy. under The two
pseceedtug sections of Ihis acl, The said sheFifs
shall, wishin six days aheF such eleetion, ssiend
Al the seat OF justice 10 their proper counties
and receive from The clerk Of the court Of com
mon pleas 40 sbslrac, Of The EO,ss given ia such
counties and within twenty days from lhe day
Of election. shall transmit The same 10 the Office
Of The Sserelsry Of STATE, and lake his receipt
therefor. under The Peualty Of 6ve hun6red dol.
lars, 10 be recovered beiofe any court having
competeut jurisdiction Ihereof IN an acuon ol
debt. 10 the name Of the county and u shall
be the duty of The county treasurer for The time
being, 70 sue for, aud recover The penalty alore'
said, for The use Of the county.
Sec. 80. Thsl The Secretary Of State, on the
IwenIy.6rsI day from The holding Of such spe-
cisl election. or sooner, if all the returns shall
be received, 10 the presence Of the Governor
for The time being, OF ia bis sbsence. 10 The pres
ence Of The Auditor and Treasurer Of State, who
are hereby required forthwith 70 attend Of The Of
flee Of the Secretary Of Sale, on notice given BY
said sec,elary.) and such Of the aforesaid sheF.
ifFs % may think proper TO OueOd, shall open the
Ill
having the greatest number OF votes, shall be
declared duly elected, and The. Governor tor the
time being. shall lOrlhwiIh transmit 10 them .
certificate OF their election, as aforesaid.
Sec. 81. That whenever il shall so happen
that the clerk os aDy court OF common pleas
shall die, be absent. or from any casually be
prevented from opening The returns Of votes al
any elections, it shall be lawful Tor bis deputy
To discharge Ihe duties required OF such clerk.
| Ly law or if the Office Of clerk is not repre-
senled By deputy. and such clerk being absent.
or 10 anVwise disqualified 10 serve, as aforesaid,
il shall be The special duty Of The probate judge
of the county, 10 which such election was held
10 auend Immediately al the clerks office, Ia
king 10 his assistance Two justices OF the peace,
Of The proper county. shsll Then proceed TO open
all The returns Of elections for such county
which shall have been made 10 such clerks oI'
fee. and per(orm the same duIies that are re-
ouired of the clerk Of the court in such cases
under the provisions of this act.
Sec. 80. That if any number Of persons
greater than The number Of the county Offices
directed to be filled. shall be equal 10 votes, the
clerk and justices, or Judge and Justices alore
said, las the case may bs.) shall determine by
lot. which Of The persons shall be- duly elected
See. 80. That no election shall be set aside
fer want of form in the poll books, provided
Ihev contain The substance.
Sec. 81. That when Two or more counties
are Joined in a senatorial, Tepre enlaIiVe or Iu
dicial district. the clerks of ,uch coun or cop
ties, of any such districts, lhst have smale
population, shall make cut fair abstracts Of 'h'
votes given within any such county. under ih'
seal of The court Of common pleas. aud aIIes'eC
by the clerk. and uansmiI The same BY spe IA
messenger IN The clerk OF The court Of cOmmol
pleas Of that county Of any such district, having
The larges, population. within ten days after 'h'
day Of election who shall receive and Oper
the same, in the same manner as returns %
election districts, aud Incorporate the returns
liom such county or counties. having sucI
smaller population. with The returns Of eiecuoI
districts OF the county having the largest PoPu
. laIion, and make out and deliver 10 the person
elected certificates Of their election
Sec. 35. That when any sheriff or corone
/ shall die, or by any other means be incspnbl
20 serve as sheriff, or coroner, il shall be the du
" Of the commissioners OF the county wber
! such vacancy may happen. if Iheys0T a'mRj'I
nv Of them. shall delermlne that the public IN
Ierest and lhe wellare OF the county require u
To appoint day, without delay, on which IN
auaIIfisd electors of said county shall meet II
their respective townships or eIecIl0n districts
and proceed TO the election Of sheriff or cor
oner, 4 az the case may be,) in the same manne
as is direrled in the case Of The election Of
sheriff or cotoner aud The returns Of sucl
| u. H., d., Ol. nd Oh IL
be opened and canvassed, in The same n'anne
provided in This act, for elections al The genera
election.
Sec. SO. That the clerk and justices, or iIdg
anc Justices las tho case may BEL shaIl decIar
the person having The highest number Of vote
for proua,e Judge, clerk Of the cour Of common
pleas, sheriff, coroner, county auditor, count,
commissioners, county Wea suref. county record
or, county surveyor. Judge OF The criminal cOur
of any county, and prosecuting attorney; an'
tho person or persons having The highest mum
ber uf vnIes for senators or representatives o
the General Assembly, duly elected subj 'cI Il
an appeal (n the court of common pleas. OF III
proper county, 10 case OF 'he contested elecIloI
Of lhs probate Judge, clerk Of The court Of com
mon pleas, sheriff, coroner, county audimr
county commissioners, county treasurer, ronnl!
recorder, county surveyor. or prosecuting a'IoT
ney aud 10 thai branch OF The General Assem-
bly,. To which any person may be returned,
when an rleOlion is contested Provided, 90
lice Of such appeal. 10 The said court. be enter
ed with The clerk thereof, within twenty day
from the day of election,
Sec 81. That the clerk shall make out 70
the probate Judge. clerk of the court Of con-
mon pleas. sheriff, coroner, county auditor
county commissioners. county treasurer, coun
" surveyor. Judge Of the county couu sue
there be, and prosecuting attorney, and each
the seua.0rs aud representatives 10. the genera
assembly, v ho have The highest number at vote
gwen. cerlfrhIe oi bis eIecIion, aud shall de
liver lht same to The person rnu.led thereto, "
on demand, without lee (; aud he shall ais
make uut Tor any candidate or eltctor of h
/ county, an abstract Il Votes as aforesaid, upo