SEC. 11. All elections held in pursuance of this law shall continue one day, and no longer.

SEC. 12. At the close of each election the judges shall certify, under their hand, the number of votes given for each candidate, which shall be attested by their clerks; and they shall transmit the same, together with one of their póll-books, by one of the clerks, to the clerk of the prefect of the county in which the election was held, within five days thereafter; the other poll-book shall be retained in the possession of one of the judges of the election, open to the inspection of all persons.

SEC. 13. The clerks of each prefect in this Territory shall, within eight days after the close of each election, take to his assistance the prefect of his county, and examine and cast up the votes given to each candidate, and give to the person having the highest number of votes for any particular office a certificate of election.

SEC. 14. The clerks, in comparing the returns from the several election precincts, shall do it publicly in the court-house of their counties, first giving notice of the same by public proclamation at the court-house door.

SEC. 15. In all districts for the election of members to the legislative council, composed of two or more counties, the clerks of all the counties of the district shall transmit to the clerk of the county first named in the district, within twelve days after such election, a certificate, under their hands, of the number of votes given to each candidate in the respective counties. The clerk of the county to which such return shall be made shall give to the person having the highest number of votes a certificate of election, under kis

hand.

SEC. 16. The clerks of the several counties to whom a transcript. of the votes is directed shall, within two days after the time limited for the examination of the polls, transmit to the seat of government, by a special messenger, a fair abstract of the votes given in their respective counties for delegate to Congress, members of the legislative council, and house of representatives.

SEC. 17. If there shall be a failure to receive any of the returns at the seat of government for one week after the same shall be due, estimating thirty miles as a day's travel, the secretary of the Territory shall despatch a messenger to the county not returned, with directions to bring up said abstract.

SEC. 18. If such failure shall happen by neglect of the clerk, he shall forfeit to the Territory one hundred dollars, together with the expense of such messenger, to be recovered by indictment.

SEC. 19. The secretary of the Territory may delay longer than one week, if the circumstances will justify it, taking care that the return in all cases be obtained in the time that the returns from the most distant county ought to be made: Provided, That the secretary shall in no case delay to despatch such messenger for said returns more than forty days after such election.

SEC. 20. Within sixty days after each general election, or sooner if the returns shall all have been made, the secretary, in the presence of the governor, shall proceed to cast up the votes given in

all the counties in the Territory for delegate to Congress, and shall give to the person having the highest number of votes a certificate of his election, under his hand, with the seal of the Territory affixed thereto.

SEC. 21. Should any two or more persons have an equal number of votes, and a higher number than any other persons, the governor shall, in such case, issue his proclamation, giving notice of such fact, and that an election will be held at the place of holding elections in this Territory for such delegate to Congress, in which shall be mentioned the day of election; which election shall be conducted and returned according to the provisions of this law.

SEC. 22. Within two days after the meeting of each general assembly, the secretary of the Territory shall lay before each house a list of members elected, agreeably to the returns in his office; and the two houses shall, without delay, assemble in the hall of the house of representatives, and the speaker of the house of representatives and of the legislative council shall, in the presence of the two houses, examine the returns, and declare who are elected to fill said offices.

SEC. 23. If any two or more persons have an equal number of votes for the same office, and more votes than any other persons, the two houses shall, by joint vote, determine the election; and the speakers of the two houses shall deposite in the office of the secretary of the Territory a certificate declaring what persons have been elected.

SEC. 24. There shall be allowed to clerks for sending or conveying the returns of any election in any district into any other county in the district, as occasion may require, and also to any messenger who may be employed to convey the returns of any election to the seat of government, at the rate of five cents per mile going and returning, to be paid out of the Territorial treasury.

SEC. 25. If any judge or clerk, after he shall have undertaken to perform the duties pointed out by this law, fails so to do, or if any person employed to carry the returns of any election fails so to do, he shall be fined two hundred dollars for the use of the county, to be recovered by indictment: Provided, That said penalty shall not be inflicted on any person prevented by sickness or unavoidable accident from performing the duties assigned him by this law.

SEC. 26. When any person offers to vote, with whose qualifications neither of the judges is personally aqcuainted, either of the judges may administer an oath and examine him touching his qualifications as a voter.

SEC. 27. If any person offer to vote in a precinct of which he is not a resident, if he possesses the necessary qualifications of a voter, he may vote on taking an oath that he has not voted and will not vote at any other precinct during this election.

SEC. 28. When any person, who shall offer himself as a voter, shall be excluded from voting by the judges, they shall cause his name to be entered on the poll-book as a rejected voter, and shall also take down the names of the persons for whom such person wishes to vote.

SEC. 29. All judges, clerks, and voters shall be free from arrest, except for felony or breach of the peace, in going to, attending on, and returning from elections.

SEC. 30. If any candidate of the proper county or district contests the election of any person proclaimed duly elected to either house of the general assembly, such person shall give notice in writing to the person whose election he contests, or leave a written notice thereof at the house where such person last resided, within forty days after the return of the election to the clerk's office. The notice shall specify the names of the voters whose votes are contested, the grounds on which such votes are illegal, and the name of the alcalde who will attend to the taking of the depositions, and when and where he will attend to take the same.

SEC. 31. It shall be the duty of the person whose election is contested to select another alcalde to attend at the taking of the depositions at the time and place specified in the next preceding section; and when the parties meet at the time and place specified for taking the depositions, they shall, unless it is otherwise agreed upon, select a third alcalde to assist in taking the depositions.

SEC. 32. If the person whose seat is contested fail to select an alcalde, as provided for in the next preceding section, the person contesting the same shall proceed to select another alcalde without delay, and the two alcaldes thus selected by the contestor shall, in such event, have full power and authority to take depositions of witnesses who may be brought before them to be examined.

SEC. 33. The person whose seat is contested, if he intends to contest the legality of any votes given to the candidate who contests the same, shall, within twenty days after he is notified that his election will be contested, give to the adverse party a similar notice to that specified in the 30th section of this law; and the candidate to whom the notice is given shall proceed to select an alcalde in the same manner as is provided for in the 31st section; and, on his failing to do so, the party giving the notice shall, with out delay, select another alcalde, and the two alcaldes so selected by the party proclaimed duly elected shall proceed to take the depositions of such witnesses as may be brought before them to be examined: Provided, however, That either party may, without notice, take rebutting testimony before the alcaldes at the time and place specified for taking depositions.

SEC. 34. If, from sickness or from any other cause, the alcaldes so selected by either party shall fail to attend at the time and place specified for taking depositions, said party shall, without delay, select some other alcalde to supply such vacancy.

SEC. 35. The taking of such depositions shall be commenced within forty days from the day of election; and the said alcaldes, or either of them, shall issue subpoenas to all persons required by either party commanding such persons to appear and give testimony at the time and place therein mentioned.

SEC. 36. The alcaldes shall hear and certify all testimony relative to such election to the speaker of the house a seat to which is contested.

SEC. 37. No testimony shall be received by the alcaldes, or either house of the general assembly, on the part of the contestor or contestee, which does not relate to the point specified in the notice; a copy of which notice, attested by the person who served or delivered the same, shall be delivered to said alcaldes, and by them transmitted with the depositions; and no testimony, except that contained in the depositions taken before the alcaldes, shall be received as evidence by either house of the general assembly.

Executions.

SEC. 1. The party in whose favor judgment, order, or decree in any court may be rendered, shall have execution there for in conformity to the order, judgment, or decree.

SEC. 2. The execution shall be against the goods, chattels, lands, and body of the defendant against whom the judgment, order, or decree shall be rendered: Provided, That executions from alcaldes shall not go against lands.

SEC. 2. When any execution shall be placed in the hands of any officer for collection, he shall call upon defendant for payment thereof, or to show him sufficient goods, chattels, effects, and lands whereof the same may be satisfied; and if the officer fail to find property whereof to make the same, he shall notify all persons who may be indebted to said defendant not to pay said defendant, but to appear before the court out of which said execution issued, and make true answers on oath concerning his indebtedness; and the like proceedings shall be had as in case of garnishees summoned in suits originating by attachment. If the officer shall not find sufficient goods, chattels, effects, lands, or debts, to satisfy the execution, he shall arrest the body of the defendant, and in default of payment commit him to jail.

SEC. 4. Any defendant so committed to jail, at the expiration of five days from the day of his commitment, may be discharged upon rendering a schedule, under oath, of all his property, money, and effects, and delivering the same to the sheriff of the county. The sheriff shall have power to administer the oath aforesaid to said defendant.

SEC. 5. The truth of such schedule may be tried, on the return. of the execution, before the tribunal which issued the same; and if it be found untrue, the body of the defendant may be retaken and committed to jail to await his trial for perjury.

SEC. 6. The person whose goods are taken on execution may retain possession thereof until the day of sale, by giving bond in favor of the plaintiff with sufficient securities, to be approved by the officer, in double the value of such property, conditioned for the delivery of the property to the officer at the time and place of sale to be named in such condition; which bond shall be returned with the execution.

SEC. 7. Upon a failure of the officer to return such bond, or in case of its insufficiency, the officer shall be subjected to the same

liability as is provided in the case of similar bonds in suits commenced by attachment.

SEC. 8. No goods and chattels, or other personal effects, taken by virtue of any execution, shall be sold until the officer having charge of the writ shall have given ten days' notice of the time and place of sale, and of the property to be sold, by at least three advertisements put up at public places in the county in which the sale is to be made.

SEC. 9. When real estates shall be taken in execution by any officer, it shall be his duty to expose the same to sale, at the court-house door, on some day during the term of the court of the county in which the same is situated, having previously given twenty days' notice of the time and place of sale, and what lands are to be sold, and where situated, by at least six hand-bills signed by him and put up at different public places in the county. SEC. 10. All executions issued by the circuit or superior court, or court of a prefect, twenty days before the next term of such court, shall be returnable to the said next term; and all executions issued from said courts less than twenty days before the next term shall be returnable to the second succeeding term.

SEC. 11. All executions issued by the alcaldes shall be returnable in thirty days from their date.

Fees.

SEC. 1. The attorney general and circuit attorneys, respectively, shall be allowed fees as follows, which shall be taxed as other

costs:

1. For every conviction on indictment, where the punishment assessed by the court or jury shall be fine or imprisonment, $5. 2. For judgment in every proceeding of a criminal nature otherwise than by indictment, $5.

3. For his services in all actions which it is, or shall be made his duty to prosecute or defend, $5.

4. For a conviction for homicide other than capital, for rape, arson, burglary, robbery, forgery, and counterfeiting, $10.

5. For a conviction in a capital case, $20.

SEC. 2. The clerk of the prefect shall be allowed the following

fees:

1. For recording letters testamentary or of administration, $1. 2. For filing the bond of an executor or administrator, 50 cents. 3. For order appointing guardian or curator, 12 cents.

4. For filing and preserving bond of guardian or curator, 50

cents.

.

5. For every order of publication, 25 cents.

6. For every order relating to executors, administrators, or guardians, not otherwise provided for, 12 cents.

7. For copying any order, record, or paper, for every 100 words,

10 cents.

8. For entering every verdict and judgment, 12 cents.