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which stands first in the alphabetical order in the list of counties composing such district.

SEC. 9. The Clerk to whom the returns of a district are made must, on the twenty-fifth day after such election, or sooner, if returns from all counties in the district have been received, open in public such returns, and from them and the statement of the vote for such officers in his own county:

First-Make a statement of the vote of the district for such officers, and file the same, together with the returns, in his office.

Second-Transmit a certified copy of such statement to the Secretary of State.

Third-Make, put and deliver or transmit by mail in registered package to the persons elected, a certificate of election (unless it is by law otherwise provided) which shall be signed by him and a majority of the Board of County Canvassers of his own county.

SEC. IO. When there has been a general or special election for officers or upon propositions voted for by the electors of the State at large, or for Judicial officers (except Justice of the Peace), each Clerk of the Board of Canvassers, as soon as the statement of the vote of his county is made out and entered upon the records of the Board of County Commissioners, must make a certified abstract in form as provided in Section 6 of this Act, of so much thereof as relates to the votes. given far said propositions or for persons for said offices to be filled at such election.

SEC. II. The Clerk must seal up such abstract, endorse it "Election Returns," and without delay transmit it by mail, in registered package, to the Secretary of State.

SEC. 12. If on the thirtieth day after any election the Secretary of State finds that he has not

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Compensation of Messenger.

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Meeting and Members of State of Can

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received the election abstracts of all the Counties in the State, he shall forthwith send messengers to the Clerks of the Canvassing Boards of the delinquent Counties, with written demands for such abstracts; whereupon such Clerks must furnish him with certified copies of the statement mentioned in Section 6 of this Act, except, however, the vote for County officers and the vote on County affairs, which statement the messenger shall deliver to the Secretary of State.

SEC. 13. For such service the messengers shall receive five dollars per day, each, for the time consumed in the errand, and shall be allowed necessary traveling expenses, which amount, when certified to by the Secretary of State, and acted upon and approved by the State Board of Examiners, must be audited by the auditor and paid out of the general fund of the State Treasury.

SEC. 14. On the thirty-fifth day (Sundays excepted) after the day of election, at twelve o'clock, noon, the State Auditor, State Treasurer and AttorGeneral, who shall constitute a Board of State ney Canvassers, must meet at the office of the Secretary of State and declare the result of and compute and determine from the abstracts transmitted to said Secretary as aforesaid, the vote cast at such election, Duties of Board and the Secretary of State, who is the Secretary of said Board, must make out and file in his office a statement thereof, and transmit a copy of such statement to the Governor.

Commissions

SEC. 15. Upon the receipt of such copy from the Secretary of the State, the Governor must issue commissions signed by himself and countersigned by the Secretary of State, to the persons appearing therefrom to have received the highest number of votes for offices to be filled at such election, and also declare by proclamation the result of the vote

on propositions submitted to the people. Provided, that in case the Governor shall have been elected to succeed himself, the Secretary of State must issue the Commission to the Governor.

SEC. 16. In case of a failure, by reason of a tie vote, to elect a Representative in Congress, the Secretary of State must transmit to the Governor a certified statement showing the vote cast for such persons, and in case of a vacancy from any other cause in such office, the Governor must order a special election.

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Defects in Returns when not

SEC. 17. No declaration of the result, commission or certificate must be withheld on account of any defect or informality in the return of any elec- material. tion, if the result can with reasonable certainty be ascertained from such returns.

Secretary of State to transmit

SEC. 18. It is the duty of the Secretary of State to cause to be published in pamphlet form a sufficient number of copies of this aet, and such other provisions of law as bear upon the subject of elec- Election Laws to tions, and to transmit the same to each County Clerk, whose duty it is to furnish each election officer in his county with one of such copies.

County Clerks.

SEC. 19. Any member of the County or State Canvassing Board, provided for in this act, or any County Clerk who shall wilfully fail, refuse or neglect to perform the duties herein required and 'within the time specified in this act when such failure, refusal or neglect shall operate to prevent a canvass of the returns or the issuance of the proper ing Officer a certificate of election, shall be deemed guilty of a felony, and upon conviction thereof shall be fined in the sum of not less than two hundred and fifty dollars nor more than five hundred dollars, or by im

Violation of Duty by Canvass

Felony.

prisonment in the State prison not less than six months nor more than three years, or by both such fine and imprisonment in the discretion of the Cout. SEC. 20. All acts and parts of acts in conflict with Repealing Clause this act are hereby repealed.

APPROVED March 7, 1891.

REPRESENTATIVE IN CONGRESS.

An Act to Provide for the Election of a Representative in Congress.

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION I. At the general election to be held in the year eighteen hundred and ninety-two, and at the general election every two years thereafter, there must be elected for each Congressional District one Representative to the Congress of the United States.

SEC. 2. The vote for Representative in Congress must be canvassed, certified to and transmitted in the same manner as the vote for State officers.

SEC. 3. The Governor must, upon receipt of the certificate, from the State Board of Canvassers, transmit to the person elected a certificate of his election, sealed with the Great Seal of the State and attested by the Secretary of State.

APPROVED March 4, 1891.

DIVISION SEVEN.

SPECIAL LAWS, MEMORIALS AND RESOLUTIONS.

SALARIES OF MEMBERS AND EMPLOYEES OF HOUSE

OF REPRESENTATIVES OF SECOND LEGIS

LATIVE ASSEMBLY.

An Act Fixing the Per Diem of the Officers and Attaches of the House of Representatives of the Second Legislative Assembly of the State of Montana.

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION I. The Speaker of the House of Representatives shall receive ten dollars per day, and this is in lieu of his compensation as a member.

The Chief Clerk of the House of Representatives shall receive ten dollars per day.

The Assistant Chief Clerk of the House of Representatives shall receive eight dollars per day. The Sergeant-at-Arms of the House of Representatives shall receive eight dollars per day.

The Assistant Sergeant-at-Arms of the House of Representatives shall receive six dollars per day. The Doorkeeper of the House of Representatives shall receive six dollars per day.

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