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Canvass of returns.
visions of this Act, except that the duties herein required of the county clerk shall be performed by the village or city clerk, the duties herein required of the board of county commissioners shall be performed by the village trustees or city council, the duties of the sheriff shall be performed by the marshal or chief of police, and the rights of nomination of election officers by political parties shall be exercised by the chairman of the village or city committtees of such parties, if any such there be. Village and city officers are hereby required to perform the various duties herein prescribed for the county officers in whose stead they act, subject to the same penalties and provisions herein prescribed as to such officers.
SECTION 62. All election days shall be legal holidays throughout the district or municipality in which the election is held.
SECTION 63. On Friday following the election the county clerk and the commissioners of the county, or a majority of said commissioners, shall meet at the office of said clerk at 10 o'clock A. M., of said day, and shall proceed to canvass the several returns which have been made, to that office, and determine the persons who have received the greatest number of votes in the county, for the several county, township, district and Territorial officers, and members of the Council and House of Representatives, and Delegate to Congress, and such finding shall be reduced to writing and signed by said commissioners and attested by the clerk, and shall be annexed to the abstract given for such officers. If any two or more persons have an equal number of votes for the same office, and a higher number than any other person, the commissioners aforesaid shall proceed to determine by lot which of the two candidates shall be elected. As soon as the commissioners shall have determined the person who has received the highest number of votes for any office, the county clerk shall make out abstracts of the votes in the following manner: First, The abstract of votes for the member or members of the Council and House of Repre.
sentatives on one sheet; Second, The abstract oftvotes for
; Delegate to Congress on one sheet; Third, The abstract of votes for county and township officers on one sheet. Which abstracts being certified and signed by the county clerk shall be deposited in his office, and certified copies of abstracts for members of the Council and House of Representatives and Delegate to Congress, under the official seal of said clerk, shall be placed in separate envelopes endorsed and directed to the Secretary of the Territory, and forwarded immediately by mail. The said county clerk shall immediately make out, in pursuance of the determination of the said county commissioners, a certificate of election for any person having the highest number of votes for any county of township office, or in case of a doubt, who have been decided by law, and deliver the same to the person entitled thereto, upon his making application therefor. The Governor, the Secretary of the Territory and Auditor of the Territory, Treasurer of the Territory and Attorney General, or any three of them, shall constitute the Territorial Canvassing Board. The Secretary of the Territory upon receipt of the certified abstracts of the votes given in the several counties directed to be sent to him, shall proceed to open the same and shall record the same in a suitable b ok to be kept open for that purpose, and shall file and carefully preserve [them] in his office together with the original envelopes in which they were enclosed. If from any county no such abstract of votes shall have been received, within ten days next after any election, by the Secretary of the Territory, he shall dispatch a special messenger to obtain a copy of the same from the county clerk of such county, and such clerk shall immediately on demand of said messenger make out and deliver to him the copy required, which copy of the abstract of votes from such county the messenger shall deliver to the Secretary of the Territory, without delay, the expense of said messenger to be paid by the county clerk failing to make said return. For the purpose of canvassing the result of the election, the Territorial Board
of Canvassers shall meet at the office of the Secretary of the Territory on Monday preceding the last Wednesday, in the month of November, where they shall open the certified abstracts on file in the office of the Secretary of the Territory, proceed to examine and make statements of the whole number of votes given at any such election for the members of the Council, House of Representatives, and Delegate to Congress, together with the result on other matters that may have been submitted to a vote of the electors of the Territory, which statement shall show the names of the persons to whom such vote shall have been given, or either of the said officers, and the whole number given to each, distinguishing the several districts and counties in which they were given. They shall certify such statements to be correct and subscribe their several names thereto, and shall thereupon determine what per. sons have been by the greatest number of votes, duly elected to such office and shall indorse and subscribe on such statement a certificate of such nomination and determination, and deliver them to the Secretary of the Territory. If any two or more persons have an equal number of votes, for members of the Council or House of Representatives or Delegate to Congress, the Territorial Canvassers shall proceed to determinate by lot, in the pre
of the candidates, which of the two candidates shall be elected. Reasonable notice shall be given to said candidates of the time when such election shall be determined, and if such candidates or either of them fail to appear in accordance with such notices, then the Territorial Board of Canvassers shall proceed to determine such election in the absence of the candidate. The Secretary of the Territory shall record in his office in a book to be kept by him for that purpose, each certified statement of determination as made by the Territorial Board of Canvassers and shall without delay make out and transmit to each of the persons thereby declared to be elected a certificate of his election, certified by him, under
his seal of office, and he shall also forthwith cause a copy of such certified statement of determination to be published in a newspaper published at the capital. Upon the date fixed by law for the assembling of the Legis. lative Assembly, the Secretary of the Territory shall lay before each House a list of the members elected thereto, and the districts they represent in accordance with the statements in his office.
SECTION 64. All Acts and parts of Acts in conflict with the provisions of this Act, are hereby repealed.
SECTION 65. This Act shall take effect and be in force from and after its passage and approval.
Approved March 10th, 1899
JUSTICES' FEES. SECTION. 1. vimitation justices' fees, re
pealed. AN ACT to repeal Section 45, Chapter 15, of the Session Laws of
Be it Enacted by the Legislative Assembly of the Territory
of Oklahoma: SECTION 1. That Section 45, Chapter 15, of the Session Limitation
justices' fees, Laws of Oklahoma, 1897, be, and the same is hereby re- repealed. pealed.
SECTION 2. This Act shall be in force and effect from and after its passage and approval.
Approved February 23d, 1899.
GAME AND FISH.
An Act for the protection of game and fish.
Be it Enacted by the Legislative Assembly of the Territory
SECTION 1. It shall be unlawful for any person to wound, kill, ensnare, or trap in any manner within this Territory, any deer, buck, doe, fawn, antelope, prairie chicken, grouse, quail, wild turkey, wren, martin, swallow, robin, turkey buzzard, plover, dove or insectiverous birds, or pursue the same with such intent or to have the same in their possession, except it shall be lawful to shoot prairie chickens and wild turkeys between the first day of September and the first day of January of the following year; and that it shall be lawful to shoot quail between the fifteenth day of October and the first day of February of the following year; and it shall be lawful to shoot plover and dove between the first day of August and the thirty-first of December of each year: Provided, It shall be unlawful for any person or persons at any time to kill, destroy or have in their possession any wild turkey, quail, dove or prairie chicken for any purpose or any pretext whatsoever, except as hereinafter provided: And, provided further, That no person shall be permitted to hunt, trap or fish on premises unless he shall first procure the consent of the owner, occupant or lessee of such