Page:1862 Territory of Dakota Session Laws.pdf/303

286 which money, when collected, shall be for the support of common schools in said county.

. 43. The regular term of office for all county, town, or precinct officers, when elected for a full term, shall commence on the first day of January next succeeding their election.

. 44. Any of the territorial, county, district, or precinct officers that may be elected or appointed to fill vacancies, may qualify and enter upon the duties of their office immediately thereafter; and when elected, they may hold the same during the unexpired term for which they were elected, and until their successors are elected and qualified; but if appointed, they shall hold the same until their successors are elected and qualified.

. 45. During the day on which any general, special, town, precinct, or charter election shall be held, no civil process shall be served on any elector entitled to vote at such election.

. 46. In all elections for the choice of any officer, unless it is otherwise expressly provided, the person having the highest number of votes for any office, shall be deemed to have been elected to that office.

. 47. The clerk of the board of county commissioners shall not construe the statutes, concerning the opening of election returns, so as to decide all matters of law and fact himself, but the clerk aforesaid, and the two justices he shall call to his assistance, shall constitute a board, a majority of whom shall decide all matters of disagreement, and the said board shall disregard technicalities and misspelling, the use of initial letters or abbreviations of the names of candidates for office, if it can be ascertained from such votes for whom they are intended, but they shall not count votes polled in any place but established precincts, and a breach of the provisions of this section shall be deemed a disdemeanor in office, and punished accordingly.

. 48. It shall be the duty of the clerk of the board of county commissioners of each organized county in this territory, to provide uniform poll books for the use of his county, each poll book containing a copy of the law prescribing the qualifications of electors, and so much of this act as relates to the duties of judges and clerks of elections, the manner of