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D.H.We'ls.

D.Spencer.

O.Spencer.

elections.

eral of the State of Deseret for the years 1850 and 51, as per bill rendered, five hundred dollars.

To Daniel H. Wells, for services as Chief Justice, from March 1st, 1859, to June 1st, 1851, as per bill rendered. two thousand and fifty dollars.

To Daniel Spencer, as first associate Justice, for services from March 1, 1850, to June 1, 1851, as per bill rendered, two thousand and fif y dollars.

To Orson Spencer, for services as second associate Justice, from March 1st, 1859, to June 1st, 1851, as per bill rendered, two thousand and fifty dollars.

To sundry Judges. Clerks, and Sheriffs, for services Judges, &c.,of rendered at elections in the year 1850, and making out and transmitting the same to seat of Government, as per bill rendered. seven hundred and seventy-three dollars and eighty cents.

Compensation, &c., of the Legislature of 1850,

J. Ferguson.

For compensation and mileage for the members of the General Assembly of the State of Deseret, and for officers of the two Houses, incidental expenses, &c., as per bill rendered, for the year ending June 31st, 1859, five thou sand three hundred and sixty five dollars.

To James Ferguson, for services as Adjutant General of the Militia during the years 1850 and 51, as per bill, five hundred dollars.

Approved, March 6. 1852.

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AN ACT REGULATING ELECTIONS.

SEC. 1. Be it enacted by the Governor and Legislative AsGeneral elec- sembly of the Territory of Utah, That there shall be a general election held on the first Monday of August in each year, for the election of all officers not otherwise provided for by law.

Cornty court

shall appoint a SEC. 2, Every precinct shall compose an electorial displace for electrict, and the county Courts of each county shall name a house or place in each precinct, where the election shall be held, and appoint three judges of said election.

tion.

Electors to ap

SEC. 3. The electors of every precinct have the right poiat Judges. to appoint judges, and regulate their own election, if not otherwise provided for.

court to furnish

SEC. 4. It shall be the duty of the clerks of county courts Clerk of county respectively, one month before each general election, orpull books. six days before each special election, to make out and deliver to the Sheriff of their respective counties one blank poll book, at the expense of the county, for each precinct in his county, properly ruled and laid of into columns, with the necessary certificates attached, which books the Sheriff shall faithfully deliver, or cause to be sheriff deliver delivered to the judges of the election, in their respective poll books. precincts.

SEC. 5. The judges before they enter upon their du

ties, shall take an oath or affirmation, that they will faith-Oath of judges fully, impartially, and justly discharge the duties of Judge of the present election, according to the best of their abilities; which oath or affirmation shall be administered by a Justice of the Peace, if present; if not, they are authorized to qualify each other.

clerk, who

SEC. 6. The Julges shall appoint a clerk or clerks, who judges shall ap before entering upon the duties of his appointment, shallpoint their own take an oath or affirmation, which may be administered by shall qualify. either of the Judges of election, that he will faithfully discharge the duties of his appointment to the best of his abilities; record the names of all the voters, and distinct-Duty of clerk. ly carry out in lines or columns the number of each vo

ter.

ing and closing

SEC. 7. The time for opening the polls, shall be at theTime of openhour of eight o'clock in the morning, and closed at six polls. o'clock in the evening, and one of the Judges shall cry in an audible voice the name of each voter as given in.

Votes to be giv

SEC. 8. The votes given at all elections shall be in theen viva voce. following manner, to wit: each elector shall in an audible voice, declare the name of the candidate or candidates, and the office or offices, that he would have him or them fill.

SEC. 9. When any person offers to vote in a precinct How a person of which he is not a resident, for Territorial or county of-may vote in another precinct ficers, if he possesses the necessary qualifications of a voter, he may vote on taking an oath or affirmation that he has not voted, and will not vote in any other precint during the pending election.

Judges may

fine for disord

er.

Judges decide

SEC. 10. The Judges of election shall preserve good order, and may punish any disorderly person for contempt, by fine, not exceeding one hundred dollars, at their dis

cretion.

SEC. 11. The Judges shall decide on the legality of legality of votes all votes offered, to be given when challenged.

How the polls are closed.

given.

SEC. 12. At the close of the polls the clerk shall carefully count up the number of votes given for each candidate, and compare them with the number of votes given, and when found correct, the Judges shall proclaim in a public manner the number of votes polled, and the number given for each candidate.

Jadges shal SEC. 13. At the close of each election the Judges certify to the numberof votesshall certify under their own hands, the number of votes given for each candidate, which shall be attested by the clerk, who shall transmit the same, together with the poll book, to the clerk of the county Court, in which the election was held, within five days thereafter, and the Judges of poll books. shall retain a true copy thereof, free to the inspection of all voters.

Clerk shall

transmita copy

Clerk of court SEC. 14. The clerk of the county court shall, within before2 justices+ or select men ten days after the close of each election respectively, take cast up votes. to his assistance two Justices of the Peace of his county,

or two Select men; and in a public manner examine and cast up the votes given to each candidate, and give to those having the highest number of votes, each a certiGive to each a cate of his election. In all cases where there is a tie becertificate of election. tween any candidate for county officer, the Justice or Select men as the case may be, shall cast lots in the presence in case of a tie. of the clerk and decide which of the candidates shall be declared elected.

abstract of

SEC. 15. The clerks of the several counties to whom Clerk to send a transcript of the votes in any election is directed, votes to Secre-shall, within three days after the time limited for the examtary of territoryination of the polls, cause to be conveyed to the seat of government, addressed to the Secretary of the Territory,

Secretary cast

up votes for ter

a fair abstract of all the legal votes polled in their respective counties, for Territorial officers at such elections.

SEC. 16. Within twenty days after each general elecritorial officers,tion, or sooner if the returns have all been duly made,

the Secretary of the Territory shall, in the presence of the Governor, cast up the votes given in the several counties in this Territory for Territorial officers, and shall give to those having the highest number of votes, certificates of their election, under his own hand, with the seal of the Territory affixed thereto.

secretary shall

SEC. 17. Should any two or more candidates have anIn case of a tie equal number of votes, the Secretary of the Territory cast lots. with the assistance of the clerk of the Supreme Court, and if he be absent, any person whom the Governor may appoint, shall cast lots in the presence of the Governor, to decide which of the candidates shall fill the office.

Contested elec

SEC. 18. When the election of any county or precinct officer is contested by two or more candidates, it shall betions decided the duty of the Select men to decide between them; andby Select men. give him, in whose favor they decide, a certificate of his

election.

tions.

SEC. 19. When a vacancy in any county office shallSpecial elec occur, and a special election shall become necessary, the Judge of Probate shall issue a writ of election, to be directed to the Sheriff, and the Sheriff shall, ten days pre-sheriff shall vious to the election, put up advertisements at three of thepost up notices most public places in each precinct in his county, stating the time and place of holding such election, unless otherwise directed in the writ of election.

officer of elec

SEC. 20. If any Judge or clerk of any election, orJudge or ether any officer acting in any wise pertaining thereto, after they tion refusing to have undertaken to perform the duties pointed out in thisserve. law, fail so to do, (unless prevented by sickness, inability, or unavoidable circumstances,) he shall be subject to a fine not exceeding five hundred dollars, at the discretion Penalty. of the Court having jurisdiction.

Governor to fill

SEC. 21. All Territorial, county, or precinct offices that have been or may be hereafter created, until the gen-covencies. eral election law of the Territory takes effect and not otherwise provided for by law, shall be filled by executive appointment.

Who are law.

SEC. 22. All free white male citizens of the Territory, of Utah of the age of twenty-one years shall be consid-ful voters. ered legal voters: Provided, That nothing in this act shall proviso.

Clerks of

electionnotices

be so construed as to admit of any military officers or soldiers in the United States service, stationed within the limits of this Territory, to vote for Territorial, county, or precinct officers.

SEC. 23. Be it also enacted, That the clerk of each ty courts furn-County Court, shall, thirty days before each general elecish sheriff withtion, furnish the Sheriff of his county with three notices of election for every precinct in the county, stating the time when, and the place of holding such election; also specifying the several offices to be filled, and the Sheriff shall post up said notice in the most public places in each precinct, within three days after receiving such notices, or publish such notices in any one or more newspapers in the Territory: Provided, That such newspaper or papers have a general circulation throughout the several counties in the Territory,

Approved Feb. 5th, 1852.

fees. Magistrates

fees.

Clerk of coun

FEE BILL EOR ELECTIONS.

SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the following fees shall be allowed for services rendered at elections:

Judges & clerks Judges and clerks of elections, three dollars per day; Magistrates or other officers, for qualifying Judges and clerks of elections, twenty-five cents each; clerks of county court's fees.y Courts for making out a copy of returns to the Secretary of the Territory, and all necessary writing, three dollars per day, and for stationery for returns, and each poll Guard's fees. book, one dollar each; necessary guards through the Indian country for the safety of the abstract of the return to the Post-office, or Secretary's office, fifteen cents per mile each.

Fees for previous elections.

SEC. 2. That the same fee be allowed the several officers that rendered services at the elections held in the several precincts on the fourth of August, A. D. one thousand eight hundred and fifty one, for the election of a delegate to Congress, and Councillors and Representatives for the Legislative Assembly of Utah Territory.

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