The Kanzas news., 1858-01-02
Laws of the Territory of Kanzas.


Lecomopton under the Act OF the Legislative
Assembly of Kanzss Territory, entitled "An
Act to provide for taking Census and Elec-
ton of Delegates to g Convention, passed Feb.
10, a d. 1857
Be 1T enacted By tie Governor and Legis-
lat;ve Assembly Of the Territory Of Kanzas,
as folloses
SEC. i. That an election shall be held
on the first Monday in January, A. D.
1858, between the hours of nine O'Clock
A. N. and six O'Clock P. NJ, at which all the
bona fide male inhabitants of the Territory
of Kanzas, over twenty-one years of age,
who are citizens of the United States, or
who have declared ION oath their inten-
ton to become such, and who shall have
resided in said Territory thirty days next
preceding said election, and ten days in the
county where said persons offer to vote,
may vote for the ratification or rejection of
the Constitution adopted by the late Con-
stitutional Convention at Lecompton, Or
ganized under the act of the nineteenth of
February, A. D. 1857, entitled can Act
to provide for the taking of Census, and
election of Delegates to a Convention. -
The voting shall be by ballot as follows:
Those voting for said Constitution with the
article entitled Slavery shall cast a ballot
with the words '.For the Constitution
framed at Lecompton, with Slavery - and
those voting for the Constitution, and
against the article entitled Slavery" shall
cast ballot with the words ''For the Con-
stitution framed at Lecompton, without
Slavery and those voting against the
Constitution, shall cast a ballot with the
words Against the Constitution framed at
Lecompton.'
SEC g. 1t shall be the duty of the Gov.
ernor of Kanzas Territory to appoint three
commissioners in each county, whose duty
it shall be to establish voting precincts in
their respective counties, and appoint three
judges of election in each precinct If, at
the hour of opening the polls, the duly ap-
pointed judges are not present, or if they
shall fail or refuse to act, then the voters
assembled shall have power to elect Judges
to FIJI the vacancies thus occasioned.
SEC. 3. The Commissioners provided
for in this Act, shall by proclamation. at
least five DAYS before the day of the cleo
ton herein provided for, indicate the place
at which, in their respective counties, said
are to hold the election in the several
precincts.
Sec. 4. Before opening the polls for re-
ceiving the votes, the judges of election
shall be duly sworn 20 faithful perform
ance of their duties, and provide suitable
ballot boxes for the reception of the ballots.
They shall appoint two clerks, who shall al
so be sworn to keep faithful record of the
names of all persons depositing their votes
with said judges. At the closing of the
polls, the judges shall count and preserve
the ballots, and certify at the bottom of the
list of voters, the number of votes cast in
each of the forms prescribed in the second
section of this act, which certificates shall
be attested by the clerks. One of the lists
of voters thus certified shall be deposited
with one of the commissioners provided for
in this act, and the other shall be imme-
diately transmitted to the Governor; or in
his absence from any cause, to the Presi-
dent of the Council, and the speaker of the
House of Representatives of the Legisla-
tive Assembly.
SEC. 5. 1t shall be the duty of the
Governor of the Territory, the president
of the Council and speaker of the House
of Representatives, or either two of them,
Immediately upon receiving the returns, to
examine them and certify to the result OF
the vote upon the Constitution, in the
manner hereinbefore provided, and cause
the same to be made known by prociama-
ton, and communicated to the President
and Congress of the United States.
SEC. 6. ANY officer of an election here
in provided for, or any other general OF
special election which may hereafter be
held in this Territory upon any question OF
for any officer, or any person or persons,
who shall knowingly inscribe or permit to
be inscribed on the poll books or list of vo-
ters, the name of any voter not actually
present and voting, or the name of any
person not entitled to vote, or shall know
ingly certify to false list of voters; OF
shall otherwise make or certify to any false
returns, knowing the same to be false, shall
be deemed guilty of felony. and upon con-
viction shall be punished by imprisonment
in the penitentiary for not less than one nor
more than FIVE years
SEC. T. In all offences arising under
any of the provisions of this act, the Pro-
| bate Judges of the several counties shall
have original and exclusive jurisdiction,
and shall have the same powers in sum
moning juries, and IN all other matters ap-
pertaining to the arrest, trial, conviction
and punishment of such offenders as are
now by law vested IN the district courts in
cases of felony Provided that if any
Probate Judge shall refuse to issue writs OF
in any manner to proceed under this act.
/ then prosecution may be had before ths
| Probate Court of any adjoining county.
| SEC. 8. All acts and parts of acts con
iicting with the provisions of this act
shall be and the same are hereby repealed.
SEC. g. The passage of this act shall be
taken and deemed sufficient notice for the
holding of said election.
! SEC. 10. Any person not legally an.
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 conviction thereof
shall be fined in any sum not exceeding
Eve hundred dollars, or shall sr,ffar imnris.