Page:1863-64 Territory of Dakota Session laws.djvu/46

 34 ELECTIONS.

duty of the said register of deeds, immediately to make omt a certificate of election to each of the persons having the high- est namber of votes for members of the legislative assembly, county and precinct, officers, respectively, and to deliver said. certificate to the person entitled to it, on his making applica- cation ta.the register at his office; Provided, That when a tie shall exist,between two camore persons for the council or house of representatives, the register of deeds shall give notice to the sheriff of the county, who shall immediately advertise another election, giving at least ten day's notice; and it shall be the duty of the register of deeds of each county, on the receipt of: the returns of any general or special election, to make out his Certificate, stating therein the compensation to which the judges and clerks of election may be entitled for their services, and lay, the same before the board of commissioners at their next session, and the said board shall order the compensation afore- said to be paid out of the county treasury.

Sec. 32. If the requisite number of county officers shall not be elected, by reason of two or more persons having an equal and the highest number of votes for one and the same. office, the register whose duty it is to compare tha polls, shall give notice to the several persons so having tho highest and equal number of votes, to attend at the office of the proper register, at the time to be appointed by the said register, who shall then and there.proceed publicly to decide by lot, which of the per. sons so having an equal number of votes, shall be declared duly elected, and the said register shall make and deliver to the per- son thus declared duly elected a certificate of his election as hereinbefore provided.

Sec. 38. The register of deeds immediately after making the abstracts of the votes given in his county, shall make a copy of each of said abstracts, and transmit it by mail to the secretary of the territory, at the seat of government; and it shall be the duty of the secretary of the territory, with the chief justice and Flul cauvscoers. the governor, or a majority of them, to proceed within fifty days after the election, to canvass the votes for delegate to congress, and other territorial officers, and the governor shall grant a certificate of election to the person having the highest number of votes, and shall also.. issue & proclamation, declaring the: