ture, as the case may require. A judgment for the same may be obtained after five days' notice, in a circuit or county court. 1851. ARTICLE VIII. Pay of officers of elections, &c. § 1. The costs of all elections held in any county shall be paid out of the county levy. §2. Officers of elections shall receive pay as follows: judges, one dollar, each; sheriffs, one dollar, each; clerks, two dollars, each. In all elections to fill vacancies, the same fees, except that the clerk shall only receive one dollar. For comparing the returns of two or more counties in the election of a senator or representative, a sheriff shall receive two dollars, and one dollar and fifty cents for each twenty five miles of travel in going and returning. Costs of elec. tions, how paid. Pay of officers of elections. § 3. The compensation to witnesses, and officers taking Compensation depositions, in cases of contested elections, shall be the of witnesses. same as in suits at law. § 4. The clerk of the county court shall have twenty five cents for each certificate of election or appointment of an officer, to be paid by the person receiving it. ARTICLE IX. Election of United States Senator. Pay of county court clerks. Election of U. States Senator, § 1. Senators in the congress of the United States, shall be elected by viva voce vote of the members of the two when to be held. branches of the general assembly on joint ballot 1. The election shall be held on the second Monday after the commencement of that session of the general assembly which next precedes the expiration of the senatorial term of the incumbent; and if no election is made on that day, the two houses may adjourn from time to time until the election is made. curring during 2. If a vacancy occurs, when the legislature is not in ses- Vacancy ocsion, in an unexpired term, the election shall be held on session, when the second Monday after the commencement of the next to be filled. session; and if, during the session of the legislature, or if notice thereof is only received during such session, the election shall be held on the seventh day next after any member of either house moves to go into an election; or, if that seventh day is Sunday, then on the next succeeding day. In either case, the election shall be proceeded with as before directed. give certificate senator, &c. of § 2. When the governor is notified, by the clerk of either Governor to house, of the election of a senator, or when the governor of election appoints a senator, he shall give a written certificate of such election or appointment, attested by his signature and the seal of the state. If he refuses to give such certificate after an election, the presiding officer and clerk of either house may give the same, over their signatures. 1851. president, when to meet. ARTICLE X. Electors of President. § 1. The electors of president and vice president of the Electors of United States, shall convene in the capitol at the seat of government, at ten o'clock in the morning of the first Wednesday in December after their election, give their votes at or after twelve o'clock, and make return thereof according to law. fill vacancies. §2. If, from any cause, one or more of the electors electElectors may ed, fails to attend-as before directed-by twelve o'clock of that day, those in attendance shall fill the place of those absent by the election of another person or persons, who shall have the same power as if originally elected by the people for that purpose. ARTICLE XI. When officers to commence their duties. § 1. The governor shall commission all officers elective What officers by the voters of the whole state, other than governor and lieutenant governor, or of any judicial district, and, also, the chancellor of the Louisville chancery court. governor is to commission. All such officers shall commence the duties of their reWhen officers spective offices as soon as they have received their commissions and qualified thereunder according to law. to commence duties. Officers to com mence duties as 8000 as they qualify. Officers to fill vacancies, when to commence duties. §2. All officers-except sheriffs, justices, constables, and militia officers--elected by the voters of a single county, or of some town or city therein, shall commence the duties of their respective offices so soon as they have received certificates of their election and qualified thereunder according to law. 3. Every officer appointed to fill a vacancy, shall commence the duties of the office so soon as he has received his commission, or certificate of appointment, and qualified thereunder according to law. § 4. Every officer not otherwise provided for by the conOfficers to hold stitution, shall hold his office until his successor has duly cessors qualify. qualified. office until suc legal voting. ARTICLE XII. Penalties against frauds on elections. § 1. Any citizen of this state who shall vote in any prePenalty for il cinct without having been a resident thereof for sixty days next preceding the election, or who shall vote twice at the same election, shall be fined, at the discretion of a jury, not less than fifty nor more than one hundred dollars; and, on failing to pay the fine and costs, may be imprisoned in the county jail till the fine and costs are paid: Provided, that he shall not be so imprisoned for a longer time than three months. years. §2. Any non-resident of this commonwealth who shall vote in this state, shall be subject to confinement in the penitentiary, for not less than one nor more than three §3. Whoever shall vote in this state before having resided in the same two years, or in the county, town, or city, where the vote is given, one year, and also in the precinct where said vote is given, sixty days next preceding the election, or before being of the age of twenty-one years, shall be fined the sum of fifty dollars; and, on failing to pay the fine and costs, shall be imprisoned in the county jail thirty days. §4. Whoever, not being a citizen of the United States, shall personate or offer to personate another, or who shall use or offer to use the naturalization papers of another, with the intention of giving an illegal vote, shall be imprisoned not more than six months, and fined not more than five hundred dollars; and whoever shall loan or hire out naturalization papers, with the intention of aiding another in giving an illegal vote, shall be subject to the same penalty. $5. Whoever shall knowingly cause, aid, or assist another to give an illegal vote, shall be subject to the same pains and penalties that the person giving such vote is subject to by law; and whoever shall offer, promise, or give a bribe, in money or property, to any person for his vote, and whoever shall receive such bribe, shall be fined not less than one hundred nor more than five hundred dollars, and in default of payment, shall be confined in the county jail for a period not less than three nor more than six months. § 6. Whoever shall willfully and corruptly swear or af firm falsely under the provisions of this act, shall be subject to all the pains and penalties denounced by the laws of this state against willful and corrupt perjury. §7. Any judge of an election who shall knowingly receive any illegal vote, or refuse to receive a legal vote, or any election officer who shall willfully neglect any duty prescribed by law, or who shall be guilty of any corrupt conduct in the execution of such office, shall be fined not less than fifty nor more than five hundred dollars; and, on failing to pay the fine and costs, shall be imprisoned in the county jail one day for each two dollars of said fine and costs remaining unpaid. Penalty for refusing to tes 8. Whoever shall willfully refuse to testify as to the qualifications of any one offering to vote, when so required, try. as provided in this act, shall be fined fifty dollars. judge of an elec for 9. Any justice of the peace or judge of an election Justice or may issue a warrant for the apprehension of person tion may issue charged with a violation of the provisions of this act; warrants persons viola. upon which, the same proceedings shall be had, before two ting election justices of the peace, and the defendant discharged or held laws. to bail, as is provided by law in other criminal and penal 1851. Faty of judge person is about to violate law. Whe believes Circuit courts to have jurisdic der this law. risdiction, &c. charges: Provided, that no warrant shall issue except upon the oath of the party making the charge. § 10. Every judge of an election, when he believes that any person is about to violate any of the provisions of this act, shall inform such person of the penalty for such violation; and it shall be the duty of all election officers to give information to the next grand jury of the county of any such violations; and every circuit judge shall give this act in special charge to each grand jury of his circuit. § 11. The circuit courts of the state shall have jurisdiction of all cases arising under this act, by presentment and tion of cases un indictment of a grand jury, as in other penal cases: ProJustices to have vided, that justices of the peace shall have concurrent juconcurrent jurisdiction with the circuit courts of all cases under this act, where the fine cannot exceed fifty dollars: And, provided Cases to be tried further, that such cases shall be tried by a jury, and that the defendant shall have the right to appeal to the circuit court, by executing bond with good surety, conditioned according to law. by jury. Penalty for breaking up or preventing election. an deprived of right of suffrage. § 12. Any person, who, by himself or in aid of others, shall forcibly break up or prevent, or attempt to break up or prevent, the lawful holding of an election, or so obstruct or attempt to obstruct the same, or so prevent or attempt to prevent any qualified voter from giving his vote, shall be fined from fifty to five hundred dollars, and imprisoned not more than one year. § 13. Any person condemned to confinement in the penConvicts to be itentiary for larceny, robbery, forgery, counterfeiting, or perjury, or any such like crime, shall forfeit his right of suffrage for ten years after his conviction, but shall be restored to his right of suffrage upon receiving a pardon from the governor. or refusing to duties. § 14. Any officer who, without sufficient cause, fails to Penalty against discharge his duty after any election, as one of a board for officers failing comparing the poll-books or election returns, or to decide a perform their contested election, and any officer who shall act corruptly and with willful and manifest partiality in the discharge of such duty, shall be fined not less than fifty nor more than five hundred dollars; and, on failing to pay the fine and costs, shall be imprisoned in the county jail one day for each two dollars of said fine and costs remaining unpaid. § 15. No prosecution shall be had under this act, unless Prosecutions the same is commenced within twelve months from the ed within 12 time of the commission of the offense. to be commen« months. 16. The commonwealth's attorney shall receive oneFees of comth's third of any fine assessed and collected, whenever he prosecutes the offender to conviction, attorneys. Approved March 24, 1851. CHAPTER 615. AN ACT to fix the time of holding Circuit Courts in this Commonwealth. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That circuit courts for the several counties in each circuit court judicial district in this commonwealth shall commence in the counties at the times hereinafter specified, and be held the number of juridical days allotted to each term, if the business of said court shall require it, viz: 1851. In District No. 1.-In the county of Fulton, on the first Fulton Monday in March and September, and continue, each, twelve juridical days. In the county of Hickman, on the third Monday in March Hickman and September, and continue, each, twelve juridical days. In the county of Ballard, on the first Monday in April Ballard and October, and continue, each, twelve juridical days. In the county of McCracken, on the third Monday in McCracken April and October, and continue, each, twelve juridical days. In the county of Marshall, on the first Monday in May Marshall and November, and continue, each, six juridical days. In the county of Calloway, on the second Monday in Calloway May and November, and continue, each, twelve juridical days. In the county of Graves, on the fourth Monday in May Graves and November, and continue, each, twelve juridical days. In the county of Livingston, on the first Monday in Livingston June and December, and continue, each, twelve juridical days. In the county of Crittenden, on the third Monday in Crittenden June and December, and continue, each, twelve juridical days. There shall, also, be held terms for the trial of chancery and criminal causes, in the county of McCracken, commencing on the first Monday in July, and in the county of Livingston, commencing on the fourth Monday in July, and continuing six juridical days, each. Chancery terms and Livingston. in McCracken In District No. 2.-In the county of Trigg, on the last Trigg Monday in February and the last Monday in August, and continue, each, twelve juridical days. In the county of Caldwell, on the second Monday in Caldwell March and continue eighteen juridical days, and on the second Monday in September, and continue twelve juridical days. In the county of Christian, on the first Monday in April Christian and the last Monday in September, and continue, each, eighteen juridical days. In the county of Union, on the fourth Monday in April Union and the third Monday in October, and continue, each, twelve juridical days, unless there are five Mondays in said months, and then eighteen juridical days each. |