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1801.

434 IN TAE TWENTY-SIXTH YEAR OF THE COMMONWEALTH.

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and penalty for not vot- be subject to the like penalty and forfeiture for failing to attend and vote at ing

such election, as is prefcribed by law, in the case of election of members to the General Assembly. Such failure to attend shall be discovered and proceeded on in like manner, and under the same penaliies as is by law provided against

such failures in the election of members to the General Aflembly. Duties of returning offi IV. IMMEDIATELY after each elerion in a county, city and borough,

held as aforesaid, the clerks of the poil having first signed the fame, shall deliver it to the sheriff or other officer who condu.lcd the election, and such sheriff or other officer, together with the respective sheriffs and other officers who conducted the poll of the several counties, cities and boroughs entitled to representation in the district, (but in case of sickness, death or other disability of the officei who shall have conducted the poil, then any other Theriff or officer of the county, and the recorder of any city or borough in which such disability may happen) shall on the eighth day after the election, assemble at the courthouse of the county first named in such district, and then and there compare the poils respectively taken at the elections in their several counties, cities and boroughs, and baving ascertained by faithful addition and comparison of the numbers on the respective polls, the person having the greatest number of votes upon the whole, giving their own votes in any cale of the two foremost on such poll having an equal number of votes, shall proceed to certify such election under their hands and seals, in manner and form following, to wit: “ We A. B. sheriff

county (or deputy Meriit as the cale may be) C. D. Theriff of

county (as the case may be) (and so reciting the name of the the“ riff, and whether principal or deputy of each county, and the name of the

mayor or recorder, as the case may be, of each city or borough entitled to re“presentation in the district) composing one entire diftrict entitied by law to “elect a member to the house of representatives of the United States, do here. by certify and make known, that at an election held on

at the place of holding elections in our respective counties, cities and boroughs, pur“ suant to law, the electors qualified to vote for members to the house of de

legates, caused to be chosen one person, to wit: G. H. to represent the said “ district as a member of the houle of representatives for the United States. " Given under our hands and feals this

day of

-- one thoufand eight hundred and - Two fair duplicates of such certificate and return, hall be made by the said sheriffs and other officers under their hands and seals, in the manner before recited, one of which shall be delivered to the person elected to represent the district, and the other shall be transmitted to the governor and council, within twenty days, under the penalty of three hundred dollars, upon each sheriff or other officer, in case of failure or neglect herein, to be recovered by motion in any court of record, by the auditor of public accounts, to the use of the commonwealth, on ten days previous notice

of such motion. Poll books to be the

V. THE said sheriffs and other officers, shall also under like penalty and corded.

recovery, deliver to the clerks of their respective counties, within ten days after such return, the original poll books, to be by such clerk entered of record, under the like penalty for failure, as for failing to record the poll books taken at the election of members to the General Allembly—and where a poll shall be taken in any county which shall not become so until after the election, which fhall first be holden in pursuance of this act, the officer conducting such election, shall deliver the poll books by himn kept, to the clerk of his couuty, as

the same now stands, to be by him also recorded, under the like penalty. Certificates of ele&tions VI. IT shall be the duty of the Executive to enclose to the congress of the

de transmitted to United States, the certificates and returns of elections aforesaid, transmitted to Cowess.

them from the respective districts without delay. Pen.lty on laeriffs, &c. VII. ANY Sheriff or other officer, refusing to take the poll when he shall Iwi any negte & uf duty. he required by a candidate or elector; or taking it in any other manner than

is herein before prescribed; or making or signing a false certificate or return of election, as herein belore directed; or making any erasure or alteration in the poll book; or refuting to luffer any candidate or elector at his own expense to take a copy of the poll book, shall forfeit and pay six hundred dollars, which penalties may be recovered with cofts in actions of debt, by any person who will sue for the same ; one half to his own use, and the other half

to the use of the commonwealth. poralis for llnze. VIlI. ANY candidate or other person in his behalf, who shall directly or lc&ors.

indi:ccuy, give or agree to give, any cluctor or pretended clector, money, meat

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drink, or other reward, in order to be elected, or for having been elected, shall forfeit and pay fifteen hundred dollars for each offence; to he recovered with cofts, by action of debt, to the u'e of any person who will fue for the fame.

IX. AND be it further enacted, 'That the sheriffs and other officers, shall Allowar.ce to Sheriffs, receive for their trouble and expense in conducting the said elections, one dol- &c. conducting eledi, lar and fixty-seven cents for the day on which they shall attend to compare ons: the different polls, together with an allowance of ferriages, and four cents a mile for travelling to and from the county, in which they hall meet for that purpose, to be paid in the same manner as the electors, who are to vote for a President and Vice-President of the United States are paid.

X. PROVIDED always, That no person entitled to suffrage in pursuance No ele flor to vo:e more of this act, shall during the same election vote more than once for the lame can- than-once fur fame candidate, under the penalty of one hundred dollars, to be recovered by action of didate. debt, in any court of record, by any person who will fue for the famé, nor shali

such person be admitted to vote in any dach ele&tion, at the courthouse or other place of holding the election in any county, city or borough in a district, unless the freehold or other estate in right of which he offers to vote, shall lie in that county, city or borough in which he gives his vote,

XI. BE il further enacted, r'nat in case of the death or absence of any per. Magistrales to perform son hereby required to hold an election, the senior magistrate in each county, duties of theriffs in cetcity or borough respectively, and in his absence, inability or incapacity by be- tain cales. ing a candidate, the fecond, and so on in succellion to the junior magiftrate, is hereby authorised, empowered and required, to perform the duties of the perfon fo dying or being absent-And the faid magiftrates in cale of refusal, ihall be subječt to all the penalties to which any sheriff or other person required to hold an election, is liable,* and shall be entitled to the same compenlation.

XII. SO much of every other act, as prescribes the time of electing repre- Repealing clause: sentatives to serve in the congress of the United States, and regulates the arrangement of the counties of this commonwealth for the said purpole, mall be and the same is hereby repealed.

XIII. THIS act shall commence and be in force, from and after the fifth commencing clause. day of March, one thoạland eight hundred and three.

сHAP. cccVII

An Act 10 fix the Salaries of certain Officers,

[Passed the 2d of February, 1802.] I. BE

E it enacted by the General Alf:mbly, That the officers hereafter men. Salaries of certain offi

tioned, shall be allowed annually the following talaries : The keep. cer: fixed. er of the Penitentiary house, the iun of one thousand two hundred dollars; the turnkey to the Penitentiary houle, the fun of two hundred and fixty-fix dollars and fixty-fix cents ; the cierk of the Penitentiary house, the sum of lix hundred and twenty-five dollars ; the door-keeper of the capitol, and of the council, whose duty is to keep the capitol clean, and obey the orders of the Executive, the sum of three hundred collars; and the keeper of the keys of the capitol, the sum of two hundred doi ars; to each of the under clerks in the Register's office, five hundred coilars; to the keeper of the public seal, three hundred dollars ; to the assistant c.erk of the council, one thousand dollars, which several sums shall be paid quarterly out of the treasury, on warrants to be issued by the auditor of pubic accounts. II.

AND be it further enaciei, Thai the following officers shall be allowed Saiaries of ochers fixed, annually, the salaries herein after ine tioned, to be paid quarterly, and to com- bue not to commence til mence as soon as the Executive .djudge that their services are necessary-The Services required. fuperintendant of the manufactory of arms, the lum of two thousand dollars; the master armourer. the sum of one thoutard dollars; the assistant armourer, the sum of one thousand dollars; the clerk to the manufactory of arms, the fum of five hundred dollars; and the corazitary and tore keeper to the manufactory of arms, the sum of five hundred dollars; which several fums lait mentionçd, shall be paid in the fame manner, that the oiher salaries allowed by this act Un:il they commence, are paid ; that until the last mentioned fularies c.mmence, those who are en- mory to be paid as hers. ployed in the armory by the Executive ini be paid as here:ofore.

tofore.

• liable to, in the ro!!.

Freeneive not to his sa

ul. THAT all acts or parts of a?s which authorised the Executive to lary of any cleik.

fix the faliries of any clerk, thall be and the same are hereby repealed. Commencement and IV. THIS act Mail be in force from the pafling thereof, and shall continue continuance of this ad. in force uncil the end of the next feftion of the General Allembly.

Irable.

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Re publication of pub. .cacts l'anctioned.

CHAP. CCCV11
An Act anttorilig Josep! Cubdwell to re-publish the Public Acts of this Com-

monwealth.

[Paffed the 28th of January, 1802.) THERE 4$ it hath been represented that a collection has been made lic and permanent nature, as are now in force within this commonwealth; and the said Joseph Caldwell having petitioned the legislature io fanction a publication of the fame in such manrcr, as to give them legal authority :

BE it enacted, That Hun Holmes, Charles Magill, Robert White, and Archibald Magill, gentlemen, or any three of them, be, and they are here: by authorised to examine the collection of the aforesaid acts, and all the potes and references se pecting the fame, made and proposed to be published by the faid Joleph Caldwell ; and ibe laid committee shall be of opinion, that the faid laws have been carefully collated, that the notes are accurately made, and ibat an edition thereof will be of public utility, upon a certificate to that effect, figned by three at least of the afore named persons, published with the faid laws, and allo that they are truly and accurately printed, they shall be received, adjudged and considered, of equal acthority with the originals from which they are inken, in all courts and other places within this common wealth.

11. THIS act hall be in force from the pailing thereof.

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