The Kansas herald of freedom., 1857-09-19

in this Teuitory, not otherwise especially
provided for: Provided, hoiceUer, that each
member of the legislative assembly, and
every officer elected or appointed to Office
under the laws of this Territory, shall, In
addition TO the oath or affirmation spe-
cially provided to be taken by such ofticer,
take an oath or affirmation to support the
Constitution of the United States, the
provisions of an act entitled "An Act
respecting fugitives from justice and per
sons escaping from the service OF their
masters approved February IL, 1793;
and of AN act to amend and supplement
[tary 10 said last mentioned act, approved
| September 18, 1850; and Of an act entitled
Ian Act to organize the Territories of
Nebraska and Kansas" approved May 30,
1854.
STc. 13. 1t shall be the duty of the
sheriff to have his tax books at the place
of holding elections, and to receive, receipt
for, and enter upon his tax book, all taxes
which may be rendered him on the day
of any 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,
a copy of which shall be given to each of
the candidates who shall have received
i the highest number of votes. One of the
poll books they shall, within five days,
transmit by some suitable person to the
secretary of the Territory. The other poll
book shall be fled in the Office of the
clerk of the county commissioners, tn be
kept open to the inspection of all persons.
SEC. 10. If such returns are not recelv-
ed by the secretary of the Territory, after
allowing a reasonable time for the trans
mission OF the same, he shall send mes
senger to the district not returned, with
instructions to bring up the same, and the
/ Judge and clerk shall Immediately send
one of the poll books by such messenger.
/ SEC. 16. As soon after the returns are
all received as may 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 to
the House of Representatives of the Uni
ted States certificate of his election, and
TO the persons having the highest number
ofvotes in their respective districts certi-
fcates of their election TO the legislative
assembly. The Governor shall issue COM
missions to the persons respectively re-
ceiving the highest number of votes for
other offices.
SEC. II. Within two days after the
meeting of the legislative assembly, the
secretary of the Territory shall lay before
each House 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 at
any election and higher number than
any other persons, the Governor shall i'm
mediately issue his proclamation order
ing an election to be held for the cleo
ton of person to the office so made
vacant, and fixing the day of such an
election. Such election shall be held and
returns thereof made as hereinbefore
provided.
SEC. 10. Whenever any person shall
offer to vote, he shall be presumed to be
entitled to vote.
SEC. 20. When any person offers to
vote, his vote may be challenged by one
of the judges or by any voter, and the
Judges of the election may examine him
touching his right to vote; and if so ex-
amined, no evidence to contradict shall
be received. Or the judges may, in the
first instance, receive other evidence; in
which event, the applicant may, if he
desire it, demand to be sworn; but his
testimony shall not then be conclusive.
| If a vote be rejected; the name OF the
voter shall be entered on the poll books
as a rejected voter, together with the
names of the persons for whom such per-
son desired to vote.
SEC. 21. All judges, clerks and voters
shall be free from arrest, except for felo-
ny or breach Of the peace, in going to,
attending on, and returning from cleo
tions; and the persons taking the returns
shall be free from like arrest in going to
and returning from the Office of the sec
retary of the Territory.
i SEC o. The judges of election shall
preseve good order, and may punish any
disorderly person for contempt, summa-
Irily, by fine not exceeding twenty dollars,
at their discretion, and commit the offen-
der to Jail Until the fine be paid.
SEC. %. If ANY person appointed to
take the returns of any election to the
Secretary of the Territory, wilfully fail to
take the same in due time, he shall be
find in the sum of one hundred dollars,
to be recovered by action of debt in the
name of the Territory, or by Indictment;
in either case the fine to go into the coun-
ty treasury for the use of the county.
SEC. %. If the judges of any election
wilfully fail to certify and transmit the
poll books Of such election, or to give
certificate of the vote given at such elec-
ton to the persons authorized to receive
the same, they shall be sererally fined in
the sum of one hundred dollars, to be re-
covered by action of debt in the name of
the Territory, or by Indictment; in either
case the fine to go into the county treas
ury for the use of the county.
SEC. %. If any candidate of the prop
er district contests any election of any
person proclaimed duly elected to the
Council or House of Representatives, for
ally cause apparent upon the face of the
returns, such person shall give notice
thereof in writing to the person whose
election he contests, or leave a written
notice thereof at the house where such
person last resided, within twenty days
after the return of the election to the of
ficer of theSecretary of theTerritory. The
notice shall specify the grounds upon
which the party contests the election. If
the election be contested for causes not
apparent upon the face of the returns, a
ike notice shall be given within forty
days after the return of the election,
which shall specify the causes of the con-
test, the names of the voters that are con-
tested, the grounds upon which such votes
are illegal, and the name of the justice of
the peace who viii attend to the taking
of the depositions, and when and where
he will attend to take the same.
SEC. 26. The person whose seat is
contested if he intends to contestthe le-
gality of any vote given to the candidate
who contests the election, shall, within