Take effect,

when.

of the condition of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to discharge the same, as provided in this chapter, or to execute and acknowledge a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs or assigns, in the sum of one hundred dollars damages, and also for all actual damages occasioned by such neglect or refusal, to be recovered in a civil action.

SECT. 38. Where the word "chapter" occurs in this act, it shall be construed to mean act.

SECT. 39. This act shall take effect from and after its passage, and approval by the governor.

Approved May 7, 1862.

W. JAYNE, Governor.

ELECTIONS.

General elec

tion, when held,

poses.

CHAPTER 32.

AN ACT PRESCRIBING THE MANNER OF CONDUCTING ELEC-
TIONS; OF THE CANVASS AND RETURN OF THE SAME.

Be it enacted by the Legislative Assembly of the Territory of
Dakota:

GENERAL ELECTIONS.

SECTION 1. That a general election shall be held in the and for what pur- several election precincts in this territory, on the first Monday of September in each year, at which there shall be chosen so many of the following officers as are by law to be elected in each year; that is to say, a delegate to congress and other territorial officers, members of the territorial council and house of representatives, judges of probate, district attorney, and the following county and precinct officers, to wit: county commissioners, sheriffs, registers of deeds, coroners, justices of the

peace, constables, and all other county, precinct, and district officers not herein enumerated, or otherwise provided for.

missioners to

SECT. 2. The county commissioners shall respectively, at County comtheir regular sessions in June preceding the general election, appoint judges, [appoint] three capable and discreet persons, possessing the qualifications of electors, to act as judges of the election at each precinct and for each of the polls of election as [provided] for in this act, and to set off and establish election precincts or districts; and the clerk of the said board of commissioners shall make out and deliver to the sheriff of the county, immediately after the appointment of said judges, a notice thereof in writing, directed to the judges so appointed; and it shall be the duty of the said sheriff, within twenty days after the receipt of the said notice, to serve the same upon each of the said judges of the election.

point clerks.

how long.

SECT. 3. The said judges shall choose two persons having Judges to apsimilar qualifications with themselves, to act as clerks of the election. The said judges shall be and continue judges of all Judges to act, elections of civil officers to be held at their respective precincts, until other judges shall be appointed, as hereinbefore directed; and the said clerks of election may continue to act as such during the pleasure of the judges of election, and the county commissioners shall from time to time fill all vacancies which may occur in the office of judges of election at any election precinct within their respective counties.

Clerk to act, how long.

Vacancies.

Clerks of coun

-to contain what.

SECT. 4. The clerks of the several boards of county com- ties, to make out missioners shall, at least forty days before any general elec- election notices tion, and at least eight days previous to any special election, make out and deliver to the sheriff of his county, or to a justice of the peace of any county attached for judicial purposes, three written notices thereof for each election precinct, said notices to be, as nearly as circumstances will admit, as follows, to wit: "Notice is hereby given that on the Monday, the day of next, at the house of in the town, district, or precinct of, in the county of ——, an election will be held for territorial, town, or district officers (naming the offices to be filled, as the case may be), which election will be opened at nine o'clock in the morning, and will continue open until four o'clock in the afternoon of the same day. Dated this

day of

A. D.

(as the

Sheriff to put

them up, when

and where.

If judges are not sworn, others how chosen.

Judges and clerks to take what oath.

Judges may administer oath, when.

Polls open, how long, &c.

case may be). Signed, A B, clerk of the board of county commissioners."

SECT. 5. The sheriff aforesaid, to whom such notices shall be delivered as aforesaid, shall put up in three most public places in each town or district, the notices referring to such precinct, town, or district, at least twenty days previous to the time of holding any general election, and at least eight days previous to the time of holding any special election; and in cases where towns or districts may not be set off by law as election precincts, said notices shall be posted as follows: one at the house where the election is authorized to be held, and the two others at two of the most public and suitable places in that vicinity or settlement.

SECT. 6. If any person appointed to act as judge of an election as aforesaid, shall neglect or refuse to be sworn to act in such capacity, or shall not be present, the place of such person shall be filled by the votes of such qualified electors residing within the county, town, district, or precinct as may then be present at the place of election, and the person or persons so elected to fill the vacancy or vacancies shall be and are hereby vested with the same power as if appointed by the board of county commissioners.

SECT. 7. Previous to votes being taken, the judges and clerks of the election shall severally take an oath in the following form, to wit: "I, A B, do solemnly swear (or affirm, as the case may be), that I will perform the duties of judge (or clerk, as the case may be) according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse, in conducting the same."

SECT. 8. In case there shall be no judge or justice of the peace present at the opening of the election, or in case such judge or justice shall be appointed judge or clerk of the election, it shall be lawful for the judges of the election, and they are hereby empowered to administer the oath to each other, and to the clerks of the election: and the person administering oaths shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll books.

SECT. 9. At all elections to be held under this act, the polls shall be opened at the hour of nine o'clock in the forenoon, and continue open until six o'clock in the afternoon of the same day, at which time the poll shall be closed. Thirty

minutes before the closing of the poll, proclamation shall be made in like manner, that the poll will be closed in half an hour; but the board may, in their discretion, adjourn the polls at twelve o'clock, noon, for one hour (proclamation of the same being made).

SECT. 10. The clerks of the election shall furnish the necessary poll books and stationery for conducting the same.

Clerks of election to furnish poll books and stationery.

Of ballot.

SECT. 11. Every elector shall vote by ballot, and each of the form of person offering to vote shall deliver his ballot to one of the judges of election, in presence of the board. The ballot shall be a paper ticket, which shall contain, written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended by him to be chosen; but no ballot shall contain a greater number of names of persons designated to any office, than there are persons to be chosen at the election to fill such office.

Names all on

one ballot.

may be voted for,

SECT. 12. The names of all persons voted for by any elector at any general election or special election, shall be on one ballot. SECT. 13. It shall be lawful for any elector to vote for Certain officers delegate to congress at any place of holding election within where. this territory; for members of the council and house of representatives at any place of holding an election in the district in which he may reside; for sheriff, coroner, county commissioner, and any other county officers, at any place of holding an election in the county in which he resides; but for constable and other town or precinct officers, he shall [not] vote out of the town or precinct in which he resides: Provided, Proviso. That an elector qualified to vote for a part of, and not all, of the officers to be chosen at any election, shall present an open ticket, that the judges may determine the legality of such vote.

offering to vote is

SECT. 14. If any person offering to vote shall be challenged If person as unqualified, by any judge or clerk of election, or by any challenged. other person entitled to vote at the same poll, the board of judges shall declare to the person so challenged, the qualification of an elector; if such person shall then state himself duly qualified, and the challenge shall not be withdrawn, one of the judges shall then tender to him the following oath: "You do solemnly swear (or affirm, as the case may be), that Form of oath.

If oath falsely taken. Penalty.

illegally. Penalty.

you are twenty-one years of age; that you are a citizen of the United States (or that you have declared your intention to become a citizen, conformable to the laws of the United States and this territory, on the subject of naturalization); that you have resided in the United States two years, and in this territory ninety days, and in this county twenty days next preceding this election; that you have not voted at this election;" and if any person so challenged shall refuse to take such oath so tendered, his vote shall be rejected.

SECT. 15. If any person so offering such vote shall take such oath, his vote shall be received; and if any person shall take the said oath, knowing it to be false, he shall be deemed guilty of wilful and corrupt perjury; and shall, on conviction, suffer such punishment as now is, or shall hereafter be, preIf person vote scribed by law for persons guilty of perjury. And if any person shall vote at any election, who is not a qualified voter, he shall forfeit and pay for the use of the county in which such election shall take place, a sum not exceeding fifty, nor less than twenty-five dollars, to be sued for and recovered in the name of the county commissioners, by a civil action before any justice of the peace in such county, for the use of common schools.

Ballot-box to be kept by judges.

Of the ballotbox.

Ballot, how received.

Clerks to keep

poll list.

SECT. 16. There shall be provided and kept by the judges of each election precinct (at the expense of the county in which such precincts are situated), a suitable ballot-box, with a lock and key.

SECT. 17. There shall be an opening through the lid of such box, of no larger size than shall be sufficient to admit a single folded ballot. Before opening the polls, the ballot-box shall be carefully examined by the judges of the election, that nothing may remain therein; it shall then be locked, and the key thereof delivered to one of the judges to be designated by the board, and shall not be opened during the election, except in the manner and for the purposes hereinafter mentioned.

SECT. 18. When a ballot shall be received, one of the judges, without opening the same, or permitting it to be opened or examined (except to ascertain whether it be a single ballot), shall deposit it in the box.

SECT. 19. Each clerk shall keep a poll list, which shall