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lars of the clerk or sheriffs respectively who shall neglect his

duty aforesaid.

7. And be it enacted, that any judge so appointed, who Judges not attending

shall not attend at the time appointed for holding any elec- penalty.
tion in his district, shall forfeit fifty dollars for every such ne-
glect, unless prevented by sickness, or other sufficient cause
in the opinion of the court and jury before whom the prose-
cution therefor shall be heard, tried and determined.

one hour

shall how others are to be appointsaid ed; their pow

ers.

8. And be it enacted, that in case neither of the judges Judges not ataforesaid shall attend as aforesaid for the space of one hour tending within after the time herein directed for opening the election, it and may be lawful for the justices of the peace for the county then present at said place of election, or the majority of them, or for one justice of the peace, in the event of but one being present, or in case no justice of the peace shall be present, for the voters then present, or a majority of them, to choose, by ballot, three persons to be judges of said election, which said persons shall be and are hereby vested with, for that election, the same powers and authorities as if such persons had been chosen as judges by the commissioners aforesaid.

10. And be it enacted, that the judges aforesaid shall ap- Judges to appoint clerkspoint two clerks, being above the age of twenty-one years, to penalty on reenter the names of the voters, separately and plainly, on the fusal to act. books provided for that purpose, and if any clerk, so appoint

ed, shall neglect or refuse to act, he shall forfeit and pay the sum of ten dollars.

11. And be it enacted, that every judge of an election, be- Oath of judges fore he proceeds to take or receive any vote, shall take the following oath, or affirmation, to wit: "I, A. B. do swear, or affirm, that I will permit all persons to vote who shall offer to poll at the election now to be held for county, or city, who in my judgment shall, according to the directions contained in this law and the constitution and form of government, be entitled to poll at the same election, and that I will not permit any person to poll at the same election who is not, in my judgment, qualified to vote as aforesaid, and will in all things execute the office of judge of the said elections, according to the best of my knowledge, without favor or partiality, so help me God;" that every clerk, before he enters any vote on the polls, shall take the

Oath of clerks. following oath, or affirmation, to wit; "I, A. B. do swear, or affirm, that I will well and faithfully, without favor, affection or partiality, execute the office of clerk of the election (or elections) now to be held, according to the best of my knowledge, so help me God;" [see law published on page 14,] and a certificate of every such oath or affirmation, signed by the person administering the same respectively, shall be annexed to the polls.

When to com

closed.

to be written or printed, &c.

12. And be it enacted, that the elections aforesaid respecmence and be tively shall commence at nine o'clock in the morning of the respective days of election, and shall continue without adjournment, and be closed at six o'clock in the evening of the same day, and no ballot shall be taken before the said hour of nine o'clock in the morning, nor after the said hour of six o'clock in the evening; and every voter shall deliver to the judge or judges of the election in the district in which he ofBallots-how fers to vote, a ballot, on which shall be written or printed, the name or names of the person or persons voted for, and the purpose for which the vote is given, plainly designated, and the ballot so delivered in, and received by the judge or judges of the election, shall be deposited in the ballot box till the poll be closed; and if any judge of an election, or other person, after any ballot shall be delivered in as aforesaid, and before the poll is closed, shall unfold or open any such ballot, with design to discover the name or names therein contained, every person so offending shall forfeit and pay the sum of fifty dollars; and if any voter shall offer any more Persons offer than one ballot, with a fraudulent design, every such person ing more than one vote, pen- shall forfeit and pay the sum of twenty dollars for every such alty. offence.

Judges not to unfold them penalty.

Ballots to be read, counted &c.

13. And be it enacted, that when the poll shall be closed, the box wherein the ballots are deposited shall be immediately thereafter opened by the judge or judges of the election, and the said judge or judges shall publicly, in the presence of such persons as may choose to attend, carefully take out the said ballots, and read distinctly and aloud, the name or names written or printed thereon respectively, and the clerks of such election shall carefully enter and keep an account of

the same on the books of the polls, so that the number of votes for each candidate tallied thereon may be readily cast up and known; and if upon opening any of the said ballots, there be found any more names written or printed on any of them than there ought to be, or if any two or more of such ballots or papers be deceitfully folded together, or if the pur- to be rejected. pose for which the vote is given, is not plainly designated

as within directed, such ballots shall be rejected, and not counted.

In what cases

cates.

14. And be it enacted, that as soon as the ballots shall be Statements read off and counted, and the number for each candidate and certifireckoned up and ascertained, the judge or judges of the election shall make out under his or their hands, attested by the clerks of the election, or one of them, on the books of the polls, two plain, fair and distinct statements and certificates of the number of votes which shall have been then and there given for each candidate, distinguishing the station or office for which he has been voted, which numbers shall be expressed in words at length, and not in figures only, according to the form following, or to the like effect, to wit:

of Maryland, duly appointed

"State

county, to wit: We the undersigned, or by a justice of the peace, or the voters, (as the case may be,) in due form of law, judge or judges of the elections in district No., do hereby certify and return that we did attend on the first Wednesday of November, in the year eighteen hundred and, at —, the place by law appointed for holding the elections within said district, and did then and there appoint — and ———— clerks of the elections, who severally qualified as directed by law; we further certify, that we did then and there qualify as judge or judges of the election, as by law directed, and did then and there, at the hour of nine o'clock in the morning, open the polls for an election for delegates to represent said county in the general assembly, (or, as the case may be,) that we continued the polls open until six o'clock in the evening of the same day, when they were closed, the ballot box opened, and the ballots publicly counted, when it appeared that had votes as a delegate to the general assembly, (or

as the case may be.) Given under our

Forms.

Presiding

hands, at the place of said election, this day of November, in the year of our Lord eighteen hundred and

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15. And be it enacted, That the presiding judges of elecjudges to meet tions, or in case of inability to attend, either of the other neglect. judges shall, [see page 14,] under the penalty of five hundred

Statements and certifi

cates-if for delegates.

dollars, meet at the usual place of the sitting of the circuit
court of each county, with the books of the polls and the
certificates aforesaid, and the said judges, when so assem-
bled, shall cast up the whole of the votes of all the districts,
and shall make out two plain, fair and distinct statements and
certificates of the number of votes which shall have been given
for each candidate, if for delegates to the general assembly,
in the following form, or to the like effect, to wit: To his
excellency the governor of the state of Maryland. Where-
as, an election for delegates for county to the gen-
eral assembly of Maryland, was held in the districts of the said
county, distinguished by number one, two, three, &c., con-
formably to the constitution and laws of this state; and where-
as, we the subscribers, attending judges at the close of the
election in said districts, having this day assembled at the
usual place of the sitting of the circuit court of said county,
with the books of the polls, on which are endorsed the sev-
eral certificates agreeably to law, and having cast up the
whole number of votes given in said districts according to
the respective certificates made out by the judges, it appears
that
and
have the greatest
number of legal votes; whereupon we do determine, de
clare and return, that the said

2

and

are duly elected delegates for county, to the general assembly of Maryland. Given under our hands, this day If for Sheriffs. of November, eighteen hundred and ———.” If for sheriffs,

in the following form, or to the like effect, to wit: "To his excellency the governor of the state of Maryland. Whereas, an election for two persons for the office of sheriff for county, was held on the first Wednesday of November, eighteen hundred and, in the districts of said county distinguished by number one, two, three, &c., conformably to the constitution and laws of this state: and whereas we the subscribers, attending judges at the close of the election in said dis

tricts, having this day assembled at the usual place of sitting of the circuit court of said county, with the books of the polls, on which are endorsed the several certificates agreeably to law, and having examined and cast up the whole number of ballots given in the said districts, agreably to the respective certificates made out by the judges, it ballots, and

appears that

lots, and that

had

had

bal

and had a majority of legal ballots of the candidates properly qualified. Whereupon we do determine, declare and return, that the said and are duly elected for the office of sheriff for county. Given under

our hands, this day of November, in the year of our Lord

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congress.

eighteen hundred and—." If for representatives to con- If for repregress, in the following form, or to the like effect, to wit: "To sentatives in his excellency the governor of the state of Maryland. We the subscribers, judges at the close of an election held on the first Wednesday of November, in the year of our Lord eighteen. hundred and in the election districts of county distinguished by number one, two, three, &c. for the purpose of choosing a representative for the district of this state, to serve in the congress of the United States, having this day assembled at the usual place of the sitting of the circuit court of said county, with the books of the polls, on which are endorsed the several certificates agreeably to law, and having cast up the whole number of votes given in said districts according to the respective certificates made out by the judges, do return that votes Given under our hands, this day of November in the year of our Lord eighteen hundred and ——————." If for an elector of president and vice president of the United States, in the following form, or to elector of president & vice the like effect, to wit: To his excellency the governor of president. the state of Maryland. We the subscribers judges at the close of an election held on the first Tuesday after the first Monday of November, in the year of our Lord eighteen hundred and, in the election districts; in county, distinguished by number one, two, three, &c. for the purpose of electing electors for choosing a president and vice-president of the United States, conformably to the constitution

had

If for an

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