The Kansas herald of freedom., 1857-12-26

act, then the voters assembled sha,n. hay
power to elect judges to fill the vacancies
thus occasioned.
Sec. 8. The commissioners provided
for in this act, shall by proclamation, al
least five days before the day of election
herein provided for, indicate the place al
which in their respective counties said
election shall be held, and the judges
who are to hold the elections in the sew
eral precincts.
SEC. 4. Before opening the polls for
receiving votes, the judges of elections
shall be duly sworn to faithful perform
ance of their duties. They shall provide
suitable ballot boxes for the reception of
the ballots, and shall appoint two clerks
who shall also be sworn to keep each a
faithful record of all the names of per-
sons depositing their votes with said judi
ges. At the closing of the polls, the
judges shall count and preserve the bal
lots and certify at the bottom of the list
of voters, the number of votes cast in
each of the forms prescribed in the Sec
ond section of this act, which certificate
shall be attested by the clerks. One of
the list of voters thus certified, shall be
deposited with one of the commissioners
provided for in this act, and the other
shall be Immediately transmitted to the
Governor, i'll his absence, from any cause,
to the President of the Council, or the
Speaker of the House of Representatives
of the Legislative Assembly.
SEC. 5. 1t shall be the duty of the
Governor of the Territory, the President
of the Council and the Speaker of the
House of Representatives, or any two of
them, Immediately upon receiving the re-
turns, to examine them and certify to the
result of the vote upon the Constitution,
IN the manner herein provided, and cause
the same to be made known BY procla-
nation, and communicated to the Presi-
dent and Congress of the United States.
SEC. 6. Any officers of an election
herein provided for, or of any other gen.
eral or special election, which NAV here.
after be held in this Territory, upon any
question, or for any officers, or any per-
son or persons, who shall knowingly in
scribe or permit to be inscribed on the
poll books, or list of votes, the name of
any voter not actually present and voting,
or the name of any person not entitled to
vote, or shall knowingly certify to false
list of voters, or shall otherwise make or
certify to any false returns, knowing the
same to be false, shall be deemed guilty
of felony, and upon conviction thereof,
shall be punished by imprisonment in the
penitentiary for not less than one, nor
more than five years.
SEC. z. In all offences arising under
any of the provisions of this act the
Probate Judges of the several counties
shall have exclusive and original iuris-
diction, and shall have the same powers
IN summoning juries, and in all other
matters appertaining to the arrest, trial,
conviction, and punishment of such
offenders as are now by law vested in the
District Courts in cases of felony: Pro-
Uided, That if any Probate Judge shall
refuse to issue writs, or in any manner to
proceed under this act, the prosecution
may be instituted before the Probate
Court of any adjoining county.
SEC. s. All acts and parts of acts, con-
licting with the provisions of this act,
shall be and the same are hereby re-
pealed.
SEC. 9. The passage of this act shall be
taken, and deemed sufficient notice for the
holding of said election.
Sec. 10. Any person not legally au-
thorized by the foregoing provisions OF
this act, who shall cast his vote at the
election herein provided for, shall be
deemed guilty of felony, and upon con.
viction thereof, shall be fined in any sum
not exceeding five hundred dollars, Oh
shall suffer imprisonment not more thar
one year, or both, at the discretion of the
court.
SEC. II. All officers provided for by ths
provisions of this act shall receive such
compensation as may hereafter be provided
by law.
Sec. IL. This act to take effect and be
in force from and after its passage.
Approved, Dec. IL, 1857.