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entitled to receive for his attendance at such election, the suim of fifteen dollars per day, together with ten cents per mile, each way, from his place of residence, by the most usual traveled route, to the place of the meeting of said electors, to be audited by the comptroller upon the certificate of the secretary of State, and paid by the treasurer. § 29, tit. 3, ch. 130, 1842, as amended by ch. 28, 1877.

ARTICLE FOURTH.

Senators, by whom elected.

Of the election of senators in congress.
Senators, by whom elected.

SEC. 385. The senate of the United States shall be composed of two senators from each State, chosen by the legislature thereof, for six years; and each senator shall have one vote. Subd. 1, § 3, art. 1, U. S. Constitution.

Vacancies, how filled. Vacancies, Sec. 386. And if vacancies happen, by resignation or

otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. Part of subd. 2, § 3, art. 1, U. S. Constitution.

how filled.

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Senators, who eligible as.

SEC. 387. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. Subd. 3, § 3, art. 1, U. S. Constitution.

place and

The time, place and manner of holding election for sena

tor, etc. The time, SEC. 388. The times, places and manner of holding manner of elections, for senators and representatives, shall be preblection scribed in each State by the legislature thereof, but the for senator

congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators. Subd. 1, § 4, art. 1, U. S. Constitution.

holding election

eto.

when to be

Senators, when to be elected.

SEC. 389. The legislature of each State which is chosen Senators, next preceding the expiration of the time for which any elected, senator was elected to represent such State in congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress. $ 14, U. S. R. S., 2d ed.

for sena

Election for senator, how conducted.

SEC. 39. Such election shall be conducted in the fol- Election lowing manner: each house shall openly by a viva voce tor, how vote of each member present, name one person for sena- ed. tor in congress from such State, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each house, shall be entered on the journal of that house by the clerk or secretary thereof, or if either house fails to give such majority to any person on that day, the fact shall be entered on the journal. At twelve o'clock, meridian of the day following that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint assembly, and the journal of each house shall then be read, and if the same person has received a majority of all the votes in each house, he shall be declared duly elected senator. But if the same person has not received a majority of the votes in each house or if either house has failed to take proceedings as required by this section, the joint assembly shall then proceed to choose, by à viva voce vote of each member present, a person for senator, and the person who receives a majority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day the joint assembly shall meet at twelve o'clock meridian of each succeeding day during the session of the legislature and shall take at least one vote, until a senator is elected. § 15, id.

Manner of filling vacancy.

SEC. 391. Whenever on the meeting of the legislature Manner of

cancy.

Vacancy

Alling va- of any State a vacancy exists in the representation of

such State in the senate, the legislature shall proceed, on
the second Tuesday after meeting and organization, to
elect a person to fill such vacancy, in the manner pre-
scribed in the preceding section, for the election of a sena-
tor for a full term. $ 16, U. S. R. S., 2d ed.
Vacancy.

SEC. 392. Whenever, during the session of the legislature of any State, a vacancy occurs in the representation of such State, in the senate, similar proceedings to fill such vacancy, shall be had on the second Tuesday after the legislature has organized and has notice of such vacancy. $17, id.

Certificate of election of senator. Certificate SEC. 393. It shall be the duty of the executive of the of senator. State from which any senator has been chosen, to certifiy

his election under the seal of the State to the president of the senate of the United States. $ 18, id.

Certificate of election

to be countersigned by secre. tary of State,

Certificate to be countersigned by secretary of State. Certificate SEC. 394. The certificate mentioned in the preceding

section shall be countersigned by the secretary of State of the State. § 19, id.

Sections 30–33, comprising all of article four of title six of chapter 130 of Laws of 1842, have been superseded by sections 14, 15, 16, 17, 18 and 19 of United States Revised Statutes, 2d edition. See above sections, 385-394.

TITLE VII.
PENALTY FOR VIOLATING THE PROVISIONS OF THIS CODE,

AND FOR MISCONDUCT AT ELECTIONS.

IOLATING TE

ROVISIONS OF THIS

False swearing perjury.

SEC. 395. If any elector challenged as unqualified shall perjury. be guilty of willful and corrupt false swearing or affirm

ing, in taking any oath or affirmation prescribed by this

False swearing,

chapter, such person shall be adjudged guilty of willful and corrupt perjury. § 1, tit. 7, ch. 130, 1842. Subornation of perjury.

SEC. 396. Every person who shall willfully and cor- Subornaruptly procure any person to swear or affirm falsely as perjury. aforesaid shall be adjudged guilty of subornation of perjury, and shall, upon conviction thereof, suffer the punishment directed by the law in cases of willful and corrupt perjury. $ 2, same tit. Neglect of duty of an officer and penalty therefor.

SEC. 397. If any officer on whom any duty is en- Neglect of joined in this chapter (ch. 130, 1842), or in any statute officer and relating to elections, shall be guilty of any willful neglect therefor. of such duty or of any corrupt conduct in the execution of the same, and be thereof convicted, he shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment; the fine in no case to exceed the sum of five hundred dollars, nor the imprisonment the term of one year. $ 3, same tit. See, also, SS 220–242, ante.

duty of an

penalty

permitting

Penalty for permitting illegal voting.

SEC. 398. In case any inspector of election shall know - Penalty for ingly and willfully permit or suffer any person to vote illegal vot at any election, who is not entitled to a vote thereat, the ing said inspector so offending shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be sentenced to pay a fine of five hundred dollars and be imprisoned in the county jail for six months. $ 16, ch. 240, 1847. See, also, SS 220–242.

Register

on an elec

Registering of bets on an election prohibited.

SEC. 399. Any person who shall keep any room or building, or any part or portion of any room or building of hets ing, or occupy any place upon public or private grounds tio prohianywhere within the State, with apparatus, books or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, and any person who shall record or register bets or wagers, or sell pools upon the result of any trial or contest of skill, speed or power of endurance, of man or beast, or upon the result of any

Bribery, menace, etc.

political nomination, appointment or election, or being
the owner, lessee or occupant of any such room, building
or part or portion thereof, shall knowingly permit the
same to be used or occupied for any of the purposes
aforesaid, or shall therein keep, exhibit or employ any
device or apparatus for the purpose of registering or re-
cording such bets or wagers, or the selling of such pools,
or shall become the custodian or depositary for hire or
reward, of any money, property or thing of value staked,
wagered or pledged, as aforesaid, upon any such result,
such person shall be deemed guilty of a misdemeanor,
and shall, upon conviction, be punished by imprisonment
in the county jail for not more than one year, or by fine
not exceeding two thousand dollars, or by both such fine
and such imprisonment. Ch. 178, 1877.
Bribery, menace, etc.

Sec. 400. If any person shall by bribery, menace or other corrupt means or device whatsoever, either directly or indirectly, attempt to influence any elector of this State in giving his vote or ballot, or deter him from giving the same, or disturb or hinder him in the free exercise of the right of suffrage, at any election within this State, held pursuant to this chapter (ch. 130, 1842), and shall thereof be convicted, such person so offending and convicted shall be adjudged guilty of a misdemeanor, and be fined or imprisoned, according to the discretion of the court before which such conviction shall be had; such fine in no case to exceed five hundred dollars, nor such imprisonment one year. $ 4, tit. 7, ch. 130, 1842. See, also, SS 220–242, ante.

Calling out militia on election day, etc., prohibited. Calling out Sec. 401. If any officer or other person shall call out election or order any of the militia of this State, to appear and prohibit-'exercise on any day during any election to be held by

virtue of this chapter, or within five days previous thereto, except in cases of invasion or insurrection, he shall forfeit the sum of five hundred dollars for every such offerise. § 5, same tit. See, also, SS 572, 632–636. Prohibition against entertainments.

SEÇ. 402. It shall not be lawful for any candidate for

militia on election

ed.

Prohibition

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