The Birmingham age-herald., 1903-10-16

l provided for the appointing ol tue iu- spectors in the various precincts for said 1 election at the time of appointing the ! election inspectors and if said appoint ins hoard fail to provide for such mem l her or members or if any member or members as herein provided should fail to attend at the time and place herein men | toned. 1t shall be -Se duty Of the re turning officer to supply such deficiency | hv respectable freeholder or household | CT of the county; and if all such officers are of the same political party. then the returning officer of the county must sum mon three reputable persons. resident househo1ders or freeholders of the coun- tv members of the opposite political l nartv to attend at such time and place l and in the presence of such other per sons as choose to attend. the board shall make a correct statement from the re- turns of the votes from the several pre- clncts of the county of the whole num- Der of votes given therein for each of fcer and the person to whom such votes were given.
 Sec. g. Within ten days after ascer- tainine the result of an election of coun- tv officers including members of the house of representatives of the Legisla- ture. the board of supervisors must make in writing a public declaration of the re- suit stating the name of each officer elected and the office to which he was ! elected. bv at least two of the supervisors and must be published by filing the original In the office of the judge of probate and bv nesting a copy thereof at the court house door and at three other public places in the county.
 Sec a. An elector must not be arrest ed during his attendance at elections, or while going to or returning theretrom. except for treason. felony, or breach of the peace or for a violation on that day of any of the provisions of the election law For such breach of the peace the sheriff or his deputy may arrest without process and commit to jail until the of fender shall give bond with good and sufficient surety, to be approved by the eheriff for his appearance at the next term of the circuit or city court to an- swer any indictment which may be found against him.
 Sec. s5. It shall be unlawful for any person to sell. give away or otherwise dispose of any spirituous, vinoue, or malt liquors. of any kind or description dur ing the day on wnlch any election may be held or on the preceding day.
 Sec. 96. The board of supervisors must, as soon as they have ascertained the result of an election. make on blanks furnished by the Secretary of State cer- tificates stating the exact number Of votes cast in the county for each person voted for. and the office for which such person was voted for and file the cer- tificates with ,he judge of probate, who must immediately forward such certih- cates as to all members of the Legisla- ture and to all civil officers who are to be commissioned by the Governor, except the Attorney General, State Auditor, Sec retary of State, State Treasurer, Super ntendent of Education, and the Commis- sioner of Agriculture and Industries, to the Secretary of State
 Sec. 97. All returns of elections re- ouired by law to be sent to the Secre- tary of State must within fifteen days after an election, be opened and counted in the presence of the Governor, Sec retary of State and Attorney General, or two of them. and of the result of the election as thus ascertained, except as to officers pro vided for in Section 9s. the Go rnor must give notice by proclamation published in some newspaper at the seat of govern ment.
 Sec. 9s The certificates of the Board of Supervision as to the election for Gov ernor. Lieutenant-Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, Superintendent of Edu- cation and Commissioner or Agriculture and Industries must be by the Judge of Probate forwarded to the Governor for the Speaker of the House at least ten days before the time fixed for the next meeting of the Legislature. and must be by the Governor delivered unopened to the Speaker on his election.
 Sec. 99. After having ascertained the result of an election, made declarations thereof and made the certificates pro vided for in Sections 96 and 9S. the Board of Supervisors must file the lists of reg istered voters in the office of the Judge of Probate. which shall be open to the inspection of any elector of the county
 Sec. 10o It shall be the duty of the Secretary of State within ten days after receiving the returns of election from the Judge of Probate of each county, to fur nish a count of the actual vote cast. as the same appears by the returns certified to him. certificates of election of members of the Legislature and to members of Congress-
 Sec. 1o1. Ii shall be the duty of the Speaker of the House of Representatives within the first five days of the session of the Legislature in the presence of majority of the members of the Legisla- ture to open the returns furnished him under Section 9S, ascertain and proclaim the result of such election, after which such returns shall be filed and kept in the office of the Secretary of State, sub feet to the inspection of any elector of the State. The person having the highest number of votes for either or Sald oflce5 shall be declared duly elected; but If two or more shall have an equal and the highest number of votes for the same office the Legislature, by joint vote. witii- out delay. shall choose one of said per sons for said office.
 Sec 102 In all elections where there is a tie between the two highest candi- dates for the same office. for all precinct or county officers, 1t shall be decided by the Sheriff of the county; and in case the office of Circuit Judge. Chancellor. or any State officer not otherwise provided for in the preceding section, it shall be the duty of the Secretary of State. in the presence of the Governor. and such other electors as may choose to be present. to decide the tie by lot.
 Sec 103. That any Judge of Probate, or other officer on whom the duty of Judge of Probate may have been temporarily devolved, who wifully and Knowingly neglects. fails or refuses to perform any of the duties herein prescribed. shall be guilty of a misdemeanor. and on convic- tion shall be fined not less than one hun. dred dollars, unless otherwise provided in this act. And in the event the Judge of Probate of any county is unable, or neglects, fails or refuses to perform the duties herein prescribed. the duties. re- responsibilities, penalty and authority of the Judge of Probate shall devolve upon the Judge of the Circuit Court of the county.
 Sec 10i. The poll tax mentioned in this act shall be one dollar and fifty cents upon each male inhabitant of the State. ~ .,f+ md 1o,-f ofa