The Kansas herald of freedom., 1855-09-15


qualifications of voter as herein pre-
scribed, and who shall have resided in
this Territory thirty days prior to the
election at which be may offer himself as
a candidate, shall be eligible as a dele
gate to the House of Representatives of
the United States, to either branch of the
Legislative Assembly, and to all other
Offices of this Territory not otherwise
specially provided for: Provided, how
ever, that each member of the Legislative
Assembly, and every officer elected or ap-
pointed to Office under the laws of this
Territory, shall, in addition to the oath
or affirmation specially provided to be
taken by such officer. take an oath or af-
frmation to support the Constitution of
the United States, the provisions of an
act entitled, ''An act respecting fugitiyes
from Justice, and persons escaping from
the service of their masters" approved
February 18th, 1893, and of an act 10
amend. and supplementary to said last
mentioned act, approved September 18th,
1859, and of an act entitled, 'An act to
organize the Territories of Nebraska and
Kansas approved May 3oth, 1854.
SEC. 13. 1t shall be the duty of the
Sheriff to have his tax books at the place
of holding elections, and to receive, re-
ceipt for, and enter upon his tax books
all taxes which may be rendered him, ON
the day of election.
SEC. Il. At the close of each election
the judges of the election, or any two of
them, shall cast up the votes given for
each candidate, and shall certify the same
under their hands, attested by their
clerks, copy of which shall be given to
each of the candidates who shall have
received the highest number of votes
One of the poll books they shall within
FIVE DAYS transmit by some suitable per-
son to the Secretary of the Territory
The other poll book shall be fled in the
Office of the Clerk of the County Com
missioners, to be kept open to the inspec-
ton of all persons.
SEC. Is. If such returns are not re-
ceived By the Secretary of the Territory,
after allowing reasonable time for the
transmission of the same, he shall send a
messenger to the district not returned,
with instructions to bring up the same,
and the Judge and clerk shall immediate
| ly send one of the poll books by such
messenger.
SEC. f6.- As soon after the returns are
all received as NAV be, the Secretary Of
the Territory shall, in the presence of the
Governor proceed to cast up the votes
given for the respective candidates, and
Shall give to the person receiving the
highest number of votes for delegate Il
the House of Representatives of the Uni
ted States, certificate of his election
and to the person having the highes
number of votes in their respective dis
tricts, certificates of their election to the
Legislative Assembly. The Governor
shall issue commissions to the person;
respectively receiving the highest number
of votes for other offices.
SEC. II. Within two days after th'
meeting of the Legislative Assembly, the
Secretary of Territory shall lay before
each house a list of the members elected
according to the returns in his office.
SEC. IS. Should any two or more per
sons receive an equal number of votes a
any election, and higher number thar
any other person, they shall Immediately
issue his proclamation, ordering an elec
ton to be held for the election of per
son TO the Office so made vacant, and tx
ing the day of such election. Such elec
ton shall be held, and returns thereo
made as hereinbefore provided.
SEC. 10. Whenever any person shall
offer to vote, he shall be presumed to b
entitled to vote.
SEC. 90. Whenever any one offers t
vote his vote may be challenged by on
of the Judges, or by any voter, and tn
Judges of the election may examine hin
touching his right to vote; and if so ex
amined, no evidence to contradict shal
be received. Or the judges may, in tn
first instance, receive other evidence, i
which event the applicant may, if he de
sire it, demand to be sworn, but his ties
timony shall not then be conclusive.
vote be rejected, the name of the vote
, shall be entered on the poll books as re
iected voter. together with the name c
5 the person for whom such person desire
: to vote.
SEC. 81. All judges. clerks and voter
/ shall be free from arrest, except for felon
: or breach of The peace, in going to, Q
| attending on, and returning from elec
, tions, and the persons taking the return
, shall be free from like arrest in going t
f and returning from the Office of the Sec
retary of the Territory.
Sec. 90. The Judges of the election
: shall preserve good order, and may pun
: ish any disorderly person for contemp
, summarily, by fine not exceeding twent
dollars, at their discretion, and comm
the offender to Jail until the fine shall b
: paid.
SEC. 93. If any person appointed
e take the returns of any election TO tn
Secretary of the Territory. willfully "a
I to take the same in due tinE, he shall b
g fined in the sum of one hundred dollar
to be recovered by action of debt in tn
: name of the Territory, OF by indictmen
9 in either case the fine to 60 into the Coui
? ty treasury for the use of the county.
: SEC. "a. Ii the judges of anyelectio
t wilIfuiIy fail to certify and transmit th
poll books of such election, or to Civ
certificates of the vote given at sucheleC
l tlon to the persons authorized to receiy
the same, they shall be seyerally fined
f the sum of one hundred dollars, to be re
: covered by action of debt In the name {
, the Territory, or by indictment, in eithe
case the fine to SO into the county treas
ury, for the use of the county.
r SEC. 25. If any candidate of the prop
er district contests any election of an
person proclaimed duly elected to tn
t Council OF. House of Representatives, f.
any cause apparent upon the face of tn
) returns, such person whose election h
t contests, or leave written notice iherec
at the house where such person last res
: ded, within twenty days after the retdr
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