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C. 31. L. 93, § 1; at Albuquerque, the territorial school of mines, at Socorro, and the territorial agricultural college, at Las Cruces.

Feb. 20.

Second Friday of March, in each year.

day.

§ 1625a.

ARBOR DAY.

The second Friday in March of each year shall set apart as arbor be set apart and known as Arbor Day, to be observed by the people of this territory in the planting of forest trees for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of the day so established: Provided, That the actual planting of trees may be done on the day designated or at such other most convenient times as may best conform to local climatic conditions, such other time to be designated and due notice thereof given by the several county superintendents of schools for their respective counties.

Proviso.

Day designated to be holiday, in all public schools.

Governor to issue proclamation.

C. 31. L. 91. § 1. and 3: Feb 16.

The day as above designated shall be a holiday in all public schools of the territory, and school officers and teachers are required to have the schools, under their respective charge, observe the day by planting of trees or other appropriate exercises.

Annually, at the proper season, the governor shall issue a i proclamation, calling the attention of the people to the provisions of this act, and recommending and enjoining its due observance. The respective county superintendents of schools shall also promote by all proper means the observance of the day, and the said county superintendents of schools shall make annual reports to the governor of the territory of the action taken in this behalf in their respective counties.

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§ 1626.

GENERAL PROVISIONS.

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Notices of tions; how to be

The county commissioners of each county, ten days before the election, shall give notice by public proclama- given. tion and by hand bills to be posted up at the most public places in each precinct, announcing the object of the election, officers to be voted for, and the place where said election is §8: July 20, 1851. Tr. to be held.

§ 1627. It shall be the duty of the county commissioners, eight days previous to any election, to appoint three judges for each precinct, who shall be persons of discretion and good character. They shall also select the polls or places where the people are to meet to hold the election.

§ 1628. It shall be the duty of the secretary of the territory, at least three months prior to any election herein contemplated, to furnish printed forms of poll books to the county commissioners of the territory, made of large sized paper, which poll books shall be in the following style and form, and furnished to the county commissioners in duplicate: Provided, however, That the auditor of public accounts shall draw on the treasury of the territory to the order of the secretary of the territory, for the expense of printing the said poll books:

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This certifies that I have administered the oath to the un

C. L. 1865, chap. 63.

Judges of election; polling places.

Id. § 9.

Poll books: secretary to furnish.

Expense of printing: how provided.

Form of poll book.

A. B.

Justice of the Peace.

C. D.

E. F.

G. H.

Judges of Election.

L. 1888. chap. 26, § dersigned judges and clerks of election, duly appointed by the county commissioners and in conformity to law.

8: Jan. 30. Tr.

(Signed)
(Signed)

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Certificate.

The polls being closed, the number of votes received by

each candidate shall be added up at the foot of each column.

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CERTIFICATE.

We, the undersigned, judges and clerks of the election, held on the day of in the precinct number -, in the County of certify that, having counted the votes polled for the respective candidates in said election, the result is as follows: A. received votes for the office of————, M. B. received N. C. received O. etc. Here the names of the

votes for the office ofvotes for the office of

C. L. 1865. chap. 83. judges who sign; and here sign the clerks, Z. O. who are

$11: July 20, 1851. Tr.

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§ 1629. The judges of the election, before entering upon the discharge of their duties, shall take an oath before any judicial authority, or shall swear each other mutually, in the following manner: I, N- -, swear, impartially to discharge the duties of judge of the present election, according to law, and to the best of my knowledge, so help me God.

§ 1630. Said judges shall appoint two clerks, who, before entering upon the discharge of their duties, shall take an oath before one of the judges of the election, faithfully to record the names of all the voters, and impartially discharge their duties as clerks of the election.

Bull vs. Southwick, vol. 2. p. 321. W. C. Rep.

§ 1631. If any judge or clerk of the election maliciously fail to discharge their duty as such, or misbehave in his office, he shall be fined in a sum not less than fifty dollars nor more

than two hundred dollars, to be recovered by prosecution before any court having jurisdiction of the same.

C. L. 1865, chap. 63. § 14: July 20, 1851. Tr.

Judges of election:

§ 1632. If the county commissioners should fail to ap- how chosen. point the judges provided by this act, or if from any cause they shall fail to attend to their respective precincts on the day of the election, it shall be lawful for a majority of the qualified voters, in the precinct where said vacancy occurs, to appoint judges who shall conduct said election in the same manner, and to the same effect, as if they had been appointed by the county commissioners, as provided in this act.

Id § 15.

Political conventions can adopt de

Unlawful to use device for

such

other names than convention.

those nominated by

Amended C. 76. L.

93, § 1; Feb. 23.

1633. That hereafter it shall be lawful for any political convention held in this territory or any county thereof, for the vice. purpose of nominating candidates to be voted for at any election held in this territory or any county thereof, to adopt by resolution, some mark or designating device to be printed on the face of and at the head of the ticket or ballot, containing the names of the candidates for office nominated by such convention, and when such mark or designating device shall have been adopted by any such convention, and an imprint of such ticket or ballot containing such mark or designating device so adopted, and the names of the candidate or candidates nominated by such convention, and certified to by the presiding officer of such convention and the secretary thereof, shall have been filed with the probate clerk of the county in which such convention was held, it shall be unlawful for any other political convention, person or persons in such county, to adopt or use any such mark or designating device for election purposes, or to cause the same to be placed or printed on any ticket or ballot to be voted at such election, without having printed in such ticket or ballot, all of the names of the candidates nominated by the political convention adopting such mark or designating device, and it shall be unlawful for any person or persons whatsoever, after the adoption and filing of such mark or designating device, to print or cause to be printed, utter, distribute or circulate, or cause to be uttered, printed or circulated, any ticket or ballot having thereon such mark or designating device with any name printed thereon other than the name or names of the candidate or candidates nominated by the political convention adopting such mark or designating device: Provided, That nothing in this section shall be construed to prohibit any person from erasing or changing in any manner any name on any such ticket or ballot voted by such person: And, further provided, That this act shall not be so construed as to prevent any executive committee of any political party holding such convention that adopted such mark or designating device, from having printed on any ticket or ballot containing such mark or designating device, the name or names of any candidate selected by such committee by authority of such convention to fill any vacancy caused by the death, declination or retirement of any candidate nominated by such convention.

Any person violating any of the provisions of this section shall be deemed guilty of felony, and upon conviction thereof before any court of competent jurisdiction, shall be punished by imprisonment in the territorial penitentiary for not less

Penalty.

C. 135. L, 89, § 1; than one year and not more than five years, at the discretion of the court trying the cause.

Feb. 28.

Description of bal

lot.

§ 1634. That hereafter all tickets or ballots used at any general election held in this territory shall be printed on plain white paper, three inches in width and eight inches in length, or within one quarter of an inch of that size. No such ticket or ballot shall have any mark or number or designating device on the back, so that its character may be known when folded. If such ticket shall have upon its face the mark, number or designating device provided by the first section of this act, such mark, number or device shall be printed at the head of the ticket or ballot, that may be printed in large black letters, the character of such ticket or ballot, designating the political party or the particular question it is intended for, and then shall follow the name or names of the candidate or candidates and the office or offices for which they are candidates, or the question to be voted on. And it shall be unlawful for any person or persons to print or cause to be printed, any ballot or ticket with any false designation, or having any false heading printed thereon, or any other ballot or ticket calculated or intended to deceive or mislead any voter. Any person violating any of the provisions of this section shall be punished, on conviction thereof before any court of competent jurisdiction, by a fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment in the county jail not less than three months, nor more than six months, or by both such fine and imprisonment, at the disC. 85. L. 91. § 1; cretion of the court trying the same.

Feb. 26.

None but qualified

registered.

§ 1635. That it shall hereafter be unlawful for any person Tezi to vote; are who is not a qualified elector, to vote, or to offer to vote at any election held in this territory, or to register or offer to register as a voter; and it shall be unlawful for any persons to register or offer to register, or to vote or offer to vote in the name of another person; and it shall be unlawful for any person to register his name as a voter or to cause or procure his name to be so registered in any other election precinct than that in which such person resides, or will in good faith have resided, the requisite period of time prior to the day of the next ensuing election; and it shall also be unlawful for any person to solicit, procure, aid, abet, induce or attempt to procure or induce any person who is not duly qualified, to register as a voter, or to vote at any election held in this territory. Any person who shall violate any of the provisions of this act shall, upon conviction thereof before any court of competent jurisdiction, be fined in any sum not less than one hundred dollars or not more than five hundred dollars, or by imprisonment in the county jail for not less than three months. nor more than six months, or by both such fine and imprisonment, at the discretion of the court trying the same.

Penalty.

C. 135, L. 89. § 3: Feb. 28.

Influencing voters: unlawful.

§ 1636. It shall be unlawful for any person after the pas sage of this act, at or prior to any election authorized by the laws of this territory, to influence or attempt to influence any voter to vote for or against any candidate for office, or any question or person, or to refrain from voting at any such election, by the offer of any money, property, article or thing of

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