Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-04-30

General, who shall forthwith cause a
commission to be forwarded, according
to law: Provided, That poll books may
be forwarded to Brigadier Generals, only
by private conveyance.
REFUSING TO ELECT MAJOR GENERALS
SEC. 81. Whenever an election is
ordered for Major General, according to
the provisions of this act and the cleo
tors of said divisions shall refuse or neg
lect to elect said Major General, or elect
a person who shall refuse to serve, the
Governor or commandment. chief shall
appoint and commission a Major Gene
raj for said division; but if no competent
person can be found who will serve with
in the bounds of said division, her the
Governor through the Adjutant Gene
raj, shall attach the several brigades
composing such division, to other adj
Joining and convenient divisions, and
each Major General thus having one or
more brigades attached to his division,
shall be notified forthwith by the Ad-
%jutant General, and said newly attached
brigades shall then form a part of said
division, and shall be governed and
commanded by the Major General there
of and in all respects be subject to and
treated as though it had formerly be-
longed to said division; Provided, the
Governor may order an election annual
ly for said Major General, and whenev-
er the said electors comply, and elect
said Major General, the Governor shall
cause said division to be restored, and
IL NT,so, Co.>o- o-,-,o,Jin thn al
Joining divisions notified thereof.
REFUSING TO ELECT BROADER GENE
RAJ.
SEC. So. Whenever an election is
ordered for Brigadier General underline
provisions of this act, and the electors
refuse or neglect to elect one, or elect
one who will not serve, the Major Gen
cral or Commandant of said division shall
forthwith appoint one, and the Adju-
tant General shall cause a commission
to be forwarded, on the certificate of the
Major General of said division; but if
no competent person can be found with
in the bounds of said brigade, who will
accept the office and discharge the du-
ties, then the Major General shall attach
said brigade to any other brigade within
his division, and the brigade so attached
shall be considered as forming a part of
said brigade, and shall be subject to the
same law and rules as though it former
ly belonged to said brigade, and all fines
paid into the county treasury shall be
paid out on the order of the command
ant of said brigade, who has command
of the newly attached brigade, and the
Major General shall notify the Briga-
der General thereof; Major Generals
having attached any of their brigades,
shall at all times have power to order an
election for Brigadier General, and if
said brigade elects Il Brigadier, the Ma
ior General or commandant of division
shall restore them to that of brigade
again, otherwise they shall remain as a
part of the brigade to which they were
attached.
REFUSING TO ELECT COMPANY OFFICERS.
SEC. So. Whenever any independ-
ent OF volunteer company refuses or neg
lects to elect a proper number of officers
to command them, agreeable to the pro-
visions of this act, the Brigadier Gene
raj or commandant of brigade, shall
forthwith attach them to any other indie
pendent company of the same descrip-
ton, until he can be satisfied that they
will elect said officers, and said Briga-
er to order an election of said officers.
REFUSING TO ELECT FIELD OFFICERS.
SEC. 81. Whenever an election is
ordered for Colonel, Lieutenant Colonel,
-. 1T,.o, o,J fha nlonfnr, rafII-n or 400
lect to elect the same agreeable to, and
IN conformity with the provisions of this
act, the Brigadier General shall appoint
any commissioned company officer to fill
said vacancy and certify the same to the
Adiutant General, who shall cause a COM
mission to be forwarded forthwith, and
if such company officer refuse to accept
and perform the proper duties, then said
Brigadier General may appoint such Of
ficers from among the S~ergeants, Corpo-
rails, or privatos of said company, and
certify the same to the Adjutant Gene
raj, who shall forward commissions ac-
cordingly; Provided, always, That from
any cause the superior officer of any mil
itary district shall become disqualified to
perform the duties of his Office, or the
SAID OIlce SnlIl DC VACANT, inc HeAt SeH-
ior officer in rank belonging to the said
district, shall perform all the duties per
tanning TO said Office, until properly fill
ed as provided for.
JUDGES OF ELECTIONS.
SEC. So. All persons serving as
Judges and clerks Of any election ofvol-
unteer militia officers Of this State, shall,
before entering upon their duties, take
an oath or affirmation to honestly and
faithfully discharge their respective du-
ties as such, before any officer who is
authorized to administer oaths, and all
commissioned officers of the volunteer
militia Of this State may also administer
such oath or affirmation. And when
ever any brigade is attached to any 9th
er division, according to the provisions
of this act, the legal electors of such
brigade shall havcthe privilege of voting
for volunteer or general officers within
the bounds of such brigade or division
to which they are attached.
CONTESTED ELECTIONS.
Sec. Sc. IF any candidate or ~elector
chooses to contest the validity of any
election had under the provisions ofthis