The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-27

brought up by appeal from inferior courts it shall
be sufficient foruch clerks to record the title Of the
case, the nature and date of the complaint the
and official character of the magistrate before whom
the case tried and the sentence and date of the
minutes Of the proceedings and judgmentin the ap
pellate court.
SECT 2. This act shall take effect when approved
Approved February 9, 1871
Chapter PIP.
AN ACT to amend section five of chapter seventy
eight of the Revised Statutes, amended by CHAP
ter sixty-two OF the Public Laws of eighteen hun
dred and seventy relating to Election Returns
Section five of chapter seventy eight of the re:
vised statutes, as amended by chapter sixtytwo of
six, is amended, by adding thereto the following
words: and the provisions of said section five, SO
far they relate to correction of returns and to
certaining for whom votes Intentionally cast,
shall be applied in determining the election of rep
resentatives to congress, senators and represent
s the 6f be and esG stats of pr M
cases when return is defective by reason of any
duly Of t the may
amended, will read as follows:
SECT 5. The governor and council, on or before
the first day of December in each year, shall open
and compare the votes returned, and may receive
testimony on oath to prove that the return from any
town does not with the record Of the vote Of
such town in the number of votes or the names of
the persons voted for, and Ito prove which of them
is correct aud the return when found to be
may be corrected by the record No such correction
can be made without application within twenty days
after the returns are opened stating the error al
legged, and reasonable notice thereof given to the
person to be affected by such correction. The per-
sons having the highest number Of votes, not ex-
ceeding the number to be chosen, shall be declared
elected and shall be notified thereof by the secre
tary ofstate be sworn and enter upon the discharge
of official duties the first of January thereafter.
IF number of persons, exceeding the number to be
chosen, receive an equal number Of votes, one is
nln Rnf n nr6n tn rfoiy y1,of
have received the highest number Of votes the gov
ernor and council shall count and declare for any
although his name upon the ballot is misspeled,
written with only the initial initials of his chris
| tian name or names; and they may hear testimony,
upon OATH in relation to such votes in order to get
at the intention of the electors and decide accord
ingly. The provisions of this section shall be ap-
piled in determining the election Of all county Off
GERS and the provisions Of said section ve so far as
they relate to the correction Of returns and to
certaining for whom votes Intentionally cast,
shall be applied in determining the election of rep
resentaves to congress- senators and representatives
to the state legislature and electors of president
and president of the United States In Ill cases
when a return is defective, by. reason of any in
formality duly attested copy Of the record may be
substituted therefor. EApproved February 8, 1871
Chapter 2l3.
AN ACT to amend section thirty-two, chapter four
of the Revised Statutes, relating to Elections.
Be 1t enacted &c., as follows:
Section thirty-two Of chapter four Of the revised
statutes is amended, by striking out the following
WOrUS: Bank pieces or paper ana VOCoS Tor per-
not eligible to the office shall not be counted as
votes, but the number of such blanks and the num-
Der and names on ballots for persons not eligible
shall be recorded and return made thereof" and in.
serting, in place thereof, the following words: No
person ineligible to the office shall be declared elect
ed, but votes cast for such person shall be counted
to determine whether any person has received the
necessary number of all the votes cast; also in the
thirteenth line, by inserting after the word "eect-
issue certificate thereof; and also, by adding, at
the end Of said section thirty-two, the following
words: in all not otherwise provided for, if
person eligible to the Office receives the requisite
number of votes to elect him. then the governor
shall order new election, that said section shall
read as follows:
In To- dot cf