Page:1862 Territory of Dakota Session Laws.pdf/302

CHAP. XXXII.] be paid out of the treasury, of the county to which they are attached.

. 39. If a vacancy shall occur in the council or house of representatives of this territory, for any cause, and if the county or counties comprising the district in which such vacancy has happened, shall have been divided after the election of the member whose seat is vacant, and before the election to supply the vacancy, such election shall be ordered in every county in which any part of the original county or district may be situated; but no person shall be permitted to vote at any such election who does not at the time reside within the limits of the original county or district in which such vacancy may have occurred: Provided, That nothing herein contained shall be so construed as to permit any person to vote so residing within the same limits, who has not the other qualifications of an elector.

. 40. In cases of elections to fill vacancies as provided for in this act, the returns shall be made by the clerks of the boards of county commissioners of the different counties, within twenty days after the election, to the office of the clerk of the board of county commissioners of the original county composing the district, and certificates of election shall be made out and signed by the clerks of the boards of county commissioners of the different counties in which such election may have been held.

. 41. No election returns shall be refused by any clerk of the board of county commissioners for the reason that the same may be returned or delivered to him in any other than the manner directed in this act nor shall he refuse to include any returns in his estimate of votes for any informality in holding an election or making returns thereof; but all returns shall be received, and the votes canvassed by such clerks, and a certificate given to the person or persons who may, by such returns, have the greatest number of votes.

. 42. If any judge or clerk of election as [or] clerk of the board of county commissioners, or any other person in any manner concerned in conducting the election, shall corruptly violate any of the provisions of this act, he shall forfeit and pay to the county a sum not less than fifty nor more than five hundred dollars, to be recovered by a civil action in the name of the county commissioners of the proper county,