fore provided, before they shall commence canvassing such votes, and the oath may be administered by any justice. (Sec. 48 of R. S.) SECT. 56. It shall be the duty of the governor to execute, under his hand and the seal of this state, proper credentials to the person declared to be elected a representative to congress. (Sec. 49 of R.S.)

SECT. 57. If by death, resignation or otherwise, any vacancy shall happen in any congressional district, the governor shall issue his proclamation, directing an election to be made in such district to fill the vacancy thus occasioned, on such day as he shall designate; and the same proceedings shall be had as are before provided, in cases where no election is made, on the first Tuesday of September, and in case no person shall have a majority of all the votes given in by the freemen, in pursuance of such proclamation, the same proceedings shall be had as before directed in case there is no election, on the second Tuesday of November,* and the person, having the greatest number of votes, at the second meeting, shall be declared duly elected to represent this state in the congress of the United States. (Sec. 50 of R. S.)

SECT. 58. Whenever any election of members of congress shall be holden in this state, on the first Tuesday of September, the meeting for such election shall be opened at the same time and place of holding and opening the freemen's meeting in the several towns. (No. 19 of 1849.)

ELECTORS OF PRESIDENT AND VICE PRESIDENT.

SECT. 59. In each year, when the election of president and vice president of the United States is to take place, there shall be chosen as many electors of president and vice president, as this state may, at such time, be entitled to. (Sec. 51 of R. S.)

SECT. 60. The first constables, and, in case of their neglect, the town clerks, and, in the case of the neglect of both, either of the selectmen of the respective towns in this state, shall set up a notification, at the usual place of warning freemen's meetings, at least [twelve] (see sec. 61) days before the Tuesday next after the first Monday in November, in such year, warning the freemen of such town to meet on the Tuesday next after the first Monday in November, at one o'clock in the afternoon, at the place of holding the next preceding freemen's meeting in such town, for the purpose of electing such number of electors of president and vice president of the United States, as this state may, at such time, be entitled to. (Sec. 52 of R. S. as amended by No. 14 of 1848.)

SECT. 61. Section fifty-two of chapter one of the Revised Statutes (§ 60 of this chap.) shall be so amended that the time for setting up the notification for the election of electors of president and vice president, shall be at least six days, instead of at least twelve days before the day of the election. (Sec. 6 of No. 14 of 1848, in part.) SECT. 62. The first constable in each town in this state, and, in

Reference is here had to the 44 and 45 sections of Revised Statutes which were repealed by section 5 of No. 14 of 1848; previous to which time a majority of votes was requisite for an election at the second as well as the first trial, unless as above provided the election was for the purpose of supplying a vacancy.

case of his absence, either of the selectmen, or any justice within such town, shall preside at such freemen's meeting, and shall call upon the freemen of such town, from time to time, until the setting of the sun, to give in their votes for electors of president and vice president of the United States. (Sec. 53 of R. S.)

SECT. 63. Every person voting shall deliver his ballot, folded up, to the presiding officer of such meeting, on which shall be written or printed the names of the persons he would elect, and the presiding officer, on receiving such ballot, shall cause the town clerk to write the name of such freeman, in a roll to be by him kept for that purpose, and to be preserved on file in his office. (Sec. 54 of R. S.)

SECT. 64. Each ballot shall be so far examined, by the presiding officer, as to enable him to determine whether there be more than one; and if there shall be more than one, the presiding officer shall make it known to the meeting, and reject the same, and no vote shall afterwards be received from such freeman at said meeting. (Sec. 55 of R. S.)

SECT. 65. At the expiration of the time aforesaid, the poll shall be closed, and the ballots canvassed by the presiding officer and town clerk, together with such of the selectmen and justices of such town as may be present, and a certificate of the number of votes given for each candidate, shall be made and signed by the presiding officer of such meeting, and, after the same shall have been recorded in the town clerk's office, shall be sealed up by said presiding officer, and superscribed with the name of the town in which the votes were given, and the following words: Votes for Electors, which certificate shall be in the form following, to wit:

State of Vermont.

At a freemen's meeting, legally warned and holden at on the Tuesday next after the first Monday in November, A. D. the votes for electors of president and vice president of the United States having been duly taken and examined, the following named persons had the number of votes set to their names respectively, to wit: [Here insert the names of the persons voted for, and the number of votes for each.]

Given under my hand at

this

day of

A. B. First Constable, [or presiding officer, as the case may be.] (Sec. 56

of R. S. as amended by Sec. 4 of No. 14 of 1848.)

SECT. 66. The presiding officer shall deliver to the county clerk of the county in which such town is situate, within two days after holding such meeting, the certificate of the votes taken and sealed up as aforesaid, and the said clerks shall meet at the state house in Montpelier, on the third Tuesday of said November, and there publicly canvass said votes, and declare the number of persons, equal to the number of electors to be chosen, having the greatest number of votes, duly elected electors of president and vice president of the United States, and give notice thereof to the governor of the state, within three days from such meeting. (Sec. 57 of R. S.)

SECT. 67. In case of the absence or disability of any of the clerks, or in case there be no clerk in any county, the presiding offi

cer of such freemen's meeting shall deliver to the sheriff of such county the certificate of the votes sealed up, as aforesaid, who is hereby fully authorized and directed to perform the duties enjoined on the clerks of the counties in the preceding section. (Sec. 58 of R. S.)

SECT. 68. It shall be the duty of the clerks or sheriffs, as the case may be, to make a list of all the certificates from the several towns, with the number of votes for each person, in each of said towns, designating such as they may deem legal and such as they may deem illegal, and lodge a certified copy of such list in the office of the secretary of state, open for inspection, and preserve the original certificates, until after the election of president and vice president shall have been declared. (Sec. 59 of R. S.)

SECT. 69. The clerks and sheriffs, as aforesaid, shall, within five days after counting said votes, give notice to the persons elected, who are hereby directed to meet at the state house in Montpelier, on the day before the first Wednesday of December, to vote for president and vice president of the United States, agreeably to the laws of the United States; and in case any person, so elected an elector, shall neglect to attend, at the place aforesaid, on the day before the first Wednesday of December, as aforesaid, it shall be the duty of the other electors present to fill, by ballot, the vacancy thus occasioned. (Sec. 60 of R. S.)

SECT. 70. The several clerks and sheriffs shall be sworn to a faithful discharge of their duties, previous to counting the votes given for electors of president and vice president of the United States. (Sec. 61 of R. S.)

SECT. 71. In case of the absence or disability of any town clerk, at any freemen's meeting mentioned in this chapter, it shall be the duty of a justice or one of the selectmen, who is not the presiding officer of such meeting, to perform the duties of such town clerk, by taking a list of the names of the voters, and the number of votes for each candidate, and shall attest the same, and, within three days after such meeting, shall lodge the same in the office of such town clerk. (Sec. 62 of R. S.)

PENALTIES.

SECT. 72. If any person, knowing that he is not a qualified voter, shall, at any freemen's meeting for the election of any officers, agreeably to the foregoing provisions of this chapter, wilfully give in a vote for any officer to be chosen, he shall forfeit a sum not exceeding one hundred dollars for each offence. (Sec. 63 of R. S.)

SECT. 73. If any legal voter shall knowingly give in, at any such election, more than one ballot at any one time of balloting, for the same office, he shall forfeit a sum not exceeding one hundred dollars. (Sec. 64 of R. S.)

SECT. 74. If, at any freemen's meeting as aforesaid, any person shall knowingly give any false answer or information to the presiding officer, or the authority present to decide upon the qualification of voters, touching such person's right to vote, at such election, he shall forfeit a sum not exceeding one hundred dollars. (Sec. 65 of R. S.)

SECT. 75. If any person shall wilfully aid or abet any one, who is not a legal voter, in voting or in attempting to vote, at any election, as aforesaid, he shall forfeit a sum not exceeding one hundred dollars. (Sec. 66 of R. S.)

SECT. 76. If any person shall, on the same day, vote in more towns than one, for the same officers, he shall forfeit a sum not exceeding one hundred dollars. (Sec. 67 of R. S.)

SECT. 77. If any person shall be disorderly at any freemen's meeting, held as aforesaid, he shall forfeit a sum not exceeding twenty dollars. (Sec. 68 of R. S.)

SECT. 78. If any person shall wilfully neglect or refuse to perform and discharge any of the duties required of him respecting elections, by the several provisions of this chapter, he shall forfeit, for each offence, a sum not exceeding two hundred dollars. (Sec. 69 of R. S.)

SECT. 79. If the presiding officer, at any election mentioned in this chapter, shall, knowingly, receive and count any vote or votes from any person, not a legal voter, or knowingly receive from any legal voter, at any one balloting for the same office, more than one vote, he shall forfeit a sum not exceeding five hundred dollars for each offence. (Sec. 70 of R. S.)

SECT. 80. If any person shall attempt, by bribery, by threats, or by any undue influence whatever, to dictate or control in any way, or alter the vote of any freeman in this state, about to be given in, at any election mentioned in this chapter, he shall forfeit a sum not exceeding two hundred dollars. (Sec. 71 of R. S.)

SECT. 81. If any person shall, directly or indirectly, give any intoxicating liquors to any of the freemen, on the day of any election mentioned in this chapter, or at any time prior or subsequent thereto, with a view to influence the vote of any freeman, or as a reward for the same, such person, so offending, shall forfeit a sum not exceeding two hundred dollars. (Sec. 72 of R. S.)

SECT. 82. The fines and forfeitures, mentioned in this chapter, may be recovered to the use of this state, by information or indictment, before the county court in the county where the offence shall be committed. (Sec. 73 of R. S.)

SECT. 83. The governor, lieutenant governor, treasurer of the state, every member of the senate and house of representatives, and all officers and witnesses, whose duty it is, or shall be, to attend the legislature, shall, in all cases, except for treason, felony, and breach of the peace, be privileged from arrest and imprisonment, during their necessary attendance, and in going to, and returning from, the legislature. (Sec. 74 of R. S.)

OF ELECTION OF SENATORS.

SECT. 84. Senators, to represent this state in the congress of the United States, shall be elected in the following manner:

The senate and house of representatives, in their respective houses, at a time mutually agreed upon for that purpose, shall respectively ballot for the number of senators to be elected, and the name of the person, so balloted for, who shall have a majority of

the whole number of votes, in each house respectively, shall be entered upon the journal of each house, by the clerk or secretary thereof. (Sec. 75 of R. S.)

SECT. 85. Both houses shall immediately thereafter convene in joint assembly, and the journal of each house shall be read by the clerk or secretary thereof, and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected senator to represent this state in the congress of the United States. (Sec. 76 of R. S.)

SECT. 86. If the same person shall not have received a majority of all the votes in each house, the joint assembly shall then proceed, by ballot, to elect a person for the purpose aforesaid, and the person, having a majority of all the votes of said joint assembly, shall be declared duly elected a senator to represent this state in the congress of the United States. (Sec. 77 of R. S.)

SECT. 87. It shall be the duty of the governor, or, in his absence, the lieutenant governor, to certify, under the seal of the state, to the president of the senate of the United States, the election of such person to have been made agreeably to law, which certificate shall be countersigned by the secretary of state. (Sec. 78 of R. S.)

TITLE II.

LEGISLATIVE PROCEEDINGS AND STATUTES.

CHAPTER 2.

CHAPTER 3.
CHAPTER 4.

Organization and officers of the house of representatives.
Applications to the general assembly.

Construction of statutes and time when they take effect.

CHAPTER 5. Promulgation of the statutes and legislative journals.

1. Credentials to be delivered to the secretary 4. Canvassing committee to be appointed.

of state.

2. Secretary to make list of members, administer the oath and direct the election of speaker.

3. Clerk, pro tempore, to be chosen.

5. Clerk to appoint assistants and perform duties of engrossing clerk.

6. Duties of clerks to be regulated by the rules of the house of representatives.

SECTION 1. The members elect of the house of representatives shall, previously to, or in the morning of, the second Thursday of