Page:1862 Territory of Dakota Session Laws.pdf/301

284 the county during or until the next general election, and when any vacancy shall happen in the office of delegate to congress from this territory, it shall be the duty of the governor to issue his proclamation appointing a day to hold a special election to fill such vacancy.

. 36. When two or more counties are united in one council or representative district, the clerk of the board of county commissioners of the county last established shall, within twenty days after the day of election, attend at the office of the clerk of board of county commissioners of the senior county, and in conjunction with the clerk or clerks of the senior county or counties, shall compare the votes given in the several counties comprising such council or representative district, and said clerks shall immediately make out a certificate of the person or persons having the highest number of votes in such counties, for a member or members of the council or house of representatives of the legislative assembly, which certificate shall be delivered to the person entitled to it, on his application to the clerk of the board of county commissioners of the senior county at his office.

. 37. When any vacancy shall happen in the office of member of the council or house of representatives of the legislative assembly, by death, resignation, or otherwise, it shall be the duty of the clerk of the board of county commissioners, if the county only compose such council or representative district, as soon as he shall be informed thereof, to notify the governor of such vacancy, and if there be more than one county comprised within such council or representative district, it shall be the duty of the clerk of the board of commissioners of the senior county in such district, so to notify the governor; the governor, immediately upon receiving such notification, shall proceed in the same manner as is prescribed for other cases in the thirty-fifth section of this act.

. 38. There shall be allowed out of the county treasury of each county, to the several judges and clerks of election, two dollars per day, and to the person carrying the poll books from the place of election to the clerk's office, the sum of five cents per mile for going and returning; this provision to extend to the unorganized counties, and to