The Montgomery advertiser., 1903-10-16

II
 county. appointed by the board herein
 provided for the appointing of the in- spectors in the various precincts for said l election, at the time of appointing the
 election inspectors, and if said appoint
 ing board fail to provide for such mem ber 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 the duty of the re-
 turning of5lcer to supply such deficiency
 by a respectable freeholder or household
 CT of the county: and if all such officers
 are of the same political party. then the
 returning ofncer of the county must sum-
 mon three reputable persons, resident
 householders or freehoiders of the coun- ty, members of the opposite political party, to attend at such time and place; ! and in the presence of such other per-
 sons as choose to attend the board shall
 make . correct statement from the re- turns of the votes from the several pre-
 cincts of the county of the whole num-
 Der of votes given therein for each, of
 ncer. and the person to whom such votes were given.
 Sec 95. Within ten days after ascer- taintng the result of an election of coun-
 ty ofncers. including members of the
 house of representatives of the Legisla-
 ture. the board of supervisors must make
 in writing public declaration of the re- | ouat, bpNttu8 Cno name or each OniCer elected and the offlce to which he was elected. The declaration must be signed by at least two of the supervisors and must be published by filing the original
 in the once of the judge of probate and
 by posting copy thereof at the court
 house door and at three other public places in the county
 Sec. A. An elector must not be arrest | od during his attendance at elections, or
 while going to or returning therefrom, 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 ! shertn or his deputy may arrest without
 process and commit to jail until the of
 fender shall give bond with good and
 sumcient surety, to be approved by the
 sheriff. 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. s6. It shall be unlawful for any person to sell, give away or otherwise dispose of any spirituous vinous, or malt liquors. of any kind or description dur ing the day on which 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 l voted for, and the office for which such
 person was voted for, and file the cer- tificates with me judge of probate. who
 must immediately forward such certifi- cates as to all members of the Legisla- | ture and to all civil officers who are to be commissioned by the Governor, except l the Attorney General, State Auditor, Sec | retary of State, State Treasurer. Super | faAA <H( ay.I NhA | sioner of Agriculture and Industries, to
 the Secretary of State.
 Sec. T All returns of elections re- | Quired 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
 of the result of the election as thus ascertained. except as to officers pro- vided for in Section 9e, the Governor 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. Neutenant-Governor, Attorney General, State Auditor, Secretary of State, State Treasurer. Superintendent of Edu- cation and Commissioner of Agriculture l 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 l 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 l istered voters in the office of the Judge | of Probate, which shall be open to the inspection of any elector of the county. Sec. 100. It shall be the duty of the | Secretary of State. within ten days after l 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. It 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 a 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 1ect to the inspection of any elector of the State. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the
 highest number of votes for the same ofFlce, the Legislature by joint vote. with out delay, shall choose one of said per-
 sons for said offlce.
 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 onlcers, 1t shall be decided by
 the Sheriff of the county; and in case the ofIice of Circuit Judge. Chancellor, or
 any State officer not otherwise provided
 for in the preceding section, 1t 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 willfully and knowingly
 negiects, fails or refuses to perform any
 of the duties herein prescribed, shall be
 guilty of a misdemeanor, and on convic-
 ton shall be lined 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 neRlects, 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 104. The poll tax mentioned in this act shall be one dollar and dftv cents