IN THE TENTH YEAR OF THE COMMONWEALTH.

21

faid Houfe fhall, on receipt of the faid report, immediately proceed to determine thereon, and either confirm or difagree to fuch report, as to them fhall seem juft. If any perfon fworn before the faid Committee, fhall give, or withold, any evidence under fuch circumftances as would have conftituted the fame to be perjury, if done in prefence of a Court of Record, the fame fhall be deemed perjury. If upon any fuch trial it fhall appear that equal numbers of qualified Electors fhall have voted for the petitioner and the fitting Member, and the officer who conducted the election fhall fwear or folemnly affirm that if fuch equality had appeared at the election, he would have declared the petitioner elected, fuch petitioner shall be deemed duly elected; and his name, inftead of the name of the fitting Member, which fhall be erafed, fhall be inserted in the certificate or return.

1785.

X. NO Elector fhall be polled before he fhall have declared, if required Electors if required, to do fo by any candidate, or his agent, in what right he offers to vote, and shall be sworn. fhall have taken an oath, which the officer conducting the election fhall adminifter, or make a folemn affirmation in this form: "I do fwear (or do folemnly "affirm) that I do in my conscience believe myself to be duly qualified to vote for De"legates to ferve in General Affembly for the County of according "to the act of General Affembly, intituled, An Act

of which oath or affirmation, a note fhall be made in the poll-book, oppofite, and referring to the name of the perfon fwearing or affirming. The making fuch oath or affirmation falfely, fhall be perjury.

XI. THE names of Electors offering to be polled, but refufing to make Names of electors refufuch oath or affirmation, shall be entered on the poll-books in feparate lifts, fing to fwear, to be enwith the names of the candidates for whom they voted, and shall be added to tered in feparate lifts. the poll, if, upon a fcrutiny the votes be justified.

XII. THE Sheriff or under Sheriff shall certify the election of Delegates Manner of certifying in this form, or to this effect: "Be it known to all to whom these presents shall election of Delegates. "come, that I Sheriff (or Deputy of

Sheriff) of the County of

66

boufe thereof (or at

"in the year of our Lord,

in my full County, held at the Court

day of

Jon the

by the Electors of my faid County,

qualified according to law, caused to be chofen two Delegates for my faid County,

to reprefent the fame in General Assembly.

"Given under my hand and feal, the day and year aforefaid."

XIII. The Mayor of a City or Borough entitled to particular reprefenta tion, shall certify the election of a Delegate in this form, or to this effect : "Be it known to all to whom these prefents fhall come, that I

of the faid City (or Borough) qualified according to law, caufed to be chofen "a Delegate for the faid City (or Borough) namely,

to repre

fent the fame in General Affembly. Given under my hand and feal, the day

and year aforefaid."

XIV. THE Sheriffs, or under Sheriffs, of the feveral Counties of a Dif- Of Senators. trict, shall certify the election of a Senator in this form, or to this effect:

Be it known to all to whom thefe prefents fhall come, that we

of our faid refpective Counties, qualified according to law, caufed to be chofer a

as Senator for the District, compofed of the faid Counties, namely,

"to reprejent the jame in General Affembly. Given under our bands and feals,

the day and year aforefaid."

XV. THE officers directed to make fuch certificates of elections as afore- Certificates of elections, faid, shall caufe them to be delivered, thofe of Delegates, to the Clerk of to whom to be delithe Houfe of Delegates, and thofe of Senators, to the Clerk of the Senate, one vered.

day at least before the fucceeding Seffion of General Affembly.
"XVI. FOR election of a Delegate or Senator, when a vacancy shall hap-
pen, a writ or writs shall be iflued by the Speaker of that Houfe whereof he
was a Member; but if the vacancy be occafioned by acceptance of an office,
the writ or writs shall not be iffed, without the fpecial order of the Houfe ;

Method of iffuing, executing, and returning writs, for electing mem

bers to fupply vacancies.

Penalties on the officers for refufing to take the

poll, or other neglect of duty.

Members bribing elec

tors to be expelled and difabled to be re-elected

for three years.

Privilege of the mempers.

and the officer to whom fuch writ shall be directed, fo foon after the receipt thereof as he may be able, shall give the Electors notice thereof as well as of the time and place of election, by advertisement to be affixed at four of the most convenient places in the County, and shall caufe the election to be made in the manner herein before prefcribed, and shall have the fame power of adjourning the proceeding upon the poll, as in cafe of a general election. The return of fuch writ for electing a Delegate or Delegates, shall be in this form, or to this effect: Upon the writ shall be endorsed thefe, or the like words: "The execu"tion of this writ appears in a schedule hereunto annexed;" and on another paper annexed to the writ shall be written, if the writ be for the election of a Delegate for a County, thefe or the like words: "By virtue of this writ to me directed, in my full County held at the Court-house, thereof (or at

in the year of our Lord,

) on the day of by the Electors of my faid County, qualified according to law, I caufed to be chofen a "Delegate (or two Delegates) for my faid County, namely,

to

reprefent the fame in General Affembly. Given under my hand and feal, the day "and year aforefaid;" and if the writ be for the election of a Delegate for a City or Borough, thefe, or the like words: " By virtue of this writ to me direct"ed, at the Court-boufe of the City of (or Borough of in the Borough of day of

or at

) on the "in the year of our Lord, by the Electors of the faid City (or "Borough) qualified according to law, I caufed to be chofen a Delegate for the faid City (or Borough) namely, to reprefent the fame in Gene"ral Affembly. Given under my hand and feal, the day and year aforesaid ;" and the return of the writs for electing a Senator shall be in this form, or to this effect Upon each writ shall be endorfed thefe, or the like words: "The execution of this writ appears in a schedule hereunto annexed;" and on another paper connecting the feveral writs together, shall be written thefe, or the like words: "By virtue of thefe writs to us directed, in our at the Courthouses thereof refpectively (or at

་་

in the year of our Lord,

full counties, beld ) on the day of by the Electors of our faid "refpective Counties, qualified according to law, we caused to be chosen a Senator for the District compofed of our faid Counties, namely,

* to reprefent the fame in General Affembly. Given under our hands and feals, the day and year aforefaid." And the officers conducting the elections, shall make their faid returns to the General Affembly, if it be fitting, immediately, or if it be not fitting, one day at least before the time to which the writ shall be returnable.

XVII. A SHERIFF, under Sheriff, or Mayor, refufing to take the poll when he shall be required by a candidate, or Elector, or taking it in other man ner than is herein before prefcribed, or making a falfe certificate or return of the election of a Member or Members to ferve in the General Affembly, or neglecting to caufe the certificate or return of fuch election to be made to fuch Clerk, and at or before fuch time as is herein before directed, shall forfeit and pay one hundred pounds; and neglecting to deliver the poll-books to the Clerk of the Court, to whom, and before the expiration of the time within which they are herein before directed to be delivered, or refufing to fuffer any Candidate or Elector, at his own expenfe, to take a copy of the poll-books, shall forfeit and pay fifty pounds; which penalties may be recovered with cofts in actions of debt, by any perfon who will fue for the fame, one half to his own ufe, and the other half to the ufe of the Commonwealth.

XVIII. ANY perfon hereafter to be elected to ferve in the General Af fembly, who shall directly or indirectly give or agree to give any Elector or pretended Elector, money, meat, drink, or other reward, in order to be elected, or for having been elected, for fuch, or any other County, City, or Borough, shall be expelled and difabled to be re-elected during the term of three years.†

XIX. THE privilege of Members of the General Affembly shall continue during every feffion, and one day before and after for every twenty miles they muft neceffarily travel to, and from home, and, in the meantime, procefs in which they are parties shall be fufpended, without abatement or difcontinuance. If any person taken in execution, be delivered by privilege of either Houfe of General Affembly, fo foon as fuch privilege ceafeth, he shall return himself a prifoner in execution, or be liable to an escape.

↑ See ch. 69, fec. 2; also, acts of 1798, ch. 10.

3. 22. By a subsequent act it is enacted " that as often as a question she

drise whither a

igu passed during

session, changes or repe session, the same constr on shall be made as would have tuen made, of this act ha been made?" der 1. Call. p. 402.

a former law passed during the same

ver

× Raind to $3. Acts 1800.8. 34.