Page:1862 Territory of Dakota Session Laws.pdf/297

280 exceeding six days, or until the fine shall be paid; and the constable to whom the order shall be directed, and the jailer of the county, are hereby required to execute said order, and receive such person or persons so committed as though it had been issued by a magistrate in due form of law.

. 25. As soon as the poll of the election shall be finally closed, the judges shall immediately proceed to canvass the vote given at such election, and the canvass shall be public and continued without adjournment until completed.

. 26. The canvass shall commence by a comparison of the poll lists from the commencement, and a correction of any mistakes that may be found therein until they shall be found or made to agree. The box shall then be opened, and the ballots contained therein taken out and counted by the judges, unopened, except so far as to ascertain whether each ballot is single; and if two or more ballots shall be found so folded together as to present the appearance of a Angle ballot, they shall be laid aside until the count of the ballot is completed; and if upon a comparison of the count with the poll lists, and the appearance of such ballots, a majority of such judges shall be of opinion that the ballots thus folded together were voted by one elector, they shall be destroyed.

. 27. If the ballots in the box shall be found to exceed in number the whole number of votes on the poll lists, they shall be replaced in the box after being purged as above, and one of the judges shall publicly draw out and destroy therefrom so many ballots unopened as shall be equal to such excess.

. 28. The ballot and poll lists agreeing or being made to agree, the board shall Chen proceed to count and ascertain the number of votes cast, and the clerks shall set down in their poll books the name of every person voted for, written at full length, the office for which such person received such votes, and the number he did receive, the number being expressed at full length, such entry to be made, as nearly as circumstances will admit, in the following form, to wit: “At an election held at the house of A B, in the town, district, or precinct, in the county of and Territory of Dakota, on the day of, A. D. , the following named persons received the number of votes annexed to their respective names, for the following described offices, to wit: