absence or inability, then the oldest member present shall take the chair and call the members elect to order, and shall appoint from the members a Clerk pro tem; the President or Chairman shall then call over the Senatorial Districts in their order, and as the same are called, the persons claiming to be members shall present their certificates and take an oath or affirmation to support the Constitution of the United States and of the State of Minnesota, and also an oath of office, which may be administered by the President of the Senate, or by any person authorized to administer oaths. Manner of organ izing the Senate Officers of Sena's to be elected SEC. 4. That after the members elect shall have taken the oath of office or affirmation aforesaid, if there shall be a quorum present, the Senate shall proceed to the election of a Secretary and an Assistant Secretary, an Enrolling Clerk, an an Engrossing Clerk, a Sergeant-at-Arms, and a Fireman, and the election shall be in the order as above stated in this Section, and shall be a viva voce vote. SEC. 5. That the Secretaries, Clerks, Sergeant-at-Arms, and Terms of office Fireman, shall hold their office for and during the session at which they are elected, but may be discharged by a resolu tion of the Senate. Organization of Officers of the SEC. 6. At the same time that is provided for the Senate being called to order, it shall be the duty of the Chief the House of ReClerk of the House of the next preceding session of the Leg- presentatives islature, and in his absence, then the oldest member present, in the Hall of the House of Representatives, to call the persons elected to that body to order, and appoint from those elected, a Clerk pro tem, the several counties or districts of the State shall then be called in alphabetical order, and as the counties or districts of members elect are called, they shall present their certificates and take an oath or affirmation to support the Constitution of the United States, the Constitution of the State of Minnesota, and also an oath of office. SEC. 7. So soon as all the members elect present shall have taken the oath or affirmation aforesaid, if there shall be House to be elect a quorum, they shall proceed to the election of a Speaker, ed Chief Clerk and an Assistant Clerk, an Enrolling Clerk, an Engrossing Clerk, a Sergeant-at-Arms, and a Fireman, and no additional officer shall be elected or appointed in either branch of the Legislature, (except messenger boys,) during the first two weeks of the session, and none after that time, unless upon application of either the Chief Clerk or Sergeantat-Arms, in which they shall state the additional number they deem necessary, and if either branch of the Legislature shall pass a resolution that such additional helps are necessary, then such branch passing such resolution, may proceed to the election of such additional Clerk or Clerks, Sergeant or Sergeants-at-Arms. SEC. 8. That all officers elected or appointed in either Oath of office to branch of the Legislature, shall take an oath or affirmation be taken by all to support the Constitution of the United States and the Con-office Term of office Appointment of messengers Majority vote necessary for stitution of the State of Minnesota, and that they will faithfully and diligently discharge the duties required of them in their respective offices. SEC. 9. That the Clerks and Sergeant-at-Aarms, and Fireman of the House of Representatives shall hold their offices for the same time, and be removed in like manner as is provided for the same offices in the Senate. SEC. 10. The President of the Senate shall appoint two messenger boys, and the Speaker of the House two, who shall serve during the session of the Legislature, unless sooner discharged for cause, and shall each receive one dollar and fitfy cents per day. SEC. 11. That in all elections for officers of either branch of the Legislature, a majority of all the votes given shall be election of officers necessary to a choice. SEC. 12. That whenever at the commencement, or during Proceedings to the regular, adjourned or called session of the Legislature, obtain a quorum upon a call of either House, it shall be found that no quorum of members is present, or if any member or members shall be found absent upon any such call, the members present shall be authorized to direct the Sergeant-at-Arms, or if there be no Sergeant-at-Arms of such House, then any other person duly authorized by the presiding officer of either House, to compel the attendance of any or all absentees; Provided, That if the House refuse to excuse such absentee, he shall not be entitled to any perdiem during such absence. SEC. 13. All acts and parts of acts inconsistent with the provisions of this Act, are hereby repealed. SEe. 14. This Act shall take effect and be in force from and after the adjournment of the present Legislature. GEORGE BRADLEY, Speaker of the House of Representatives. President of the Senate. APPROVED-August the second, eighteen hundred and fifty eight. SECRETARY'S OFFICE, Minnesota, August 2, 1858. HENRY H. SIBLEY. I hereby certify the foregoing to be a true copy of the original on file in this office. FRANCIS BAASEN, Secretary of State. CHAPTER LXXXVI. An Act to provide for the election of Electors of Presi dent and Vice President of the United States. SECTION 1. Proclamation for the election of electors of President and Vice President to 2. Time of holding elections--Number of Electors-Election, how conducted. 4. Register of Deeds to deliver return to the Secretary of State. 5. Canvass of the votes, how made. 6. Electors to meet at the seat of government, and perform the duties imposed 9. Vacancies, tie in elections--decision by lot. 10. Certificate of election to fill vacancy--Notice to electors. 11. Per diem and mileage of electors. 12. Pay of Judges and Clerks of Election. 13. Act takes effect on passago. Be it enacted by the Legislature of the State of Minnesota : Proclamation of SECTION 1. That the Governor of this State, sixty days previous to the time provided by this Act, for the election of electors of President and Vice President of the United States, election to be shall by proclamation to be inserted in one of the newspapers published in all printed in each county in this State, where any such paper is the counties of printed, give notice of the time of holding such election, and the number of electors of President and Vice President there to be chosen. SEC. 2. That the qualified electors of this State shall on the first Tuesday after the first Monday in November, A. D. the state 1860, and thereafter in every fourth succeeding year, assemble. Time of holding in their respective townships at the usual place designated election-number for holding elections, and proceed to elect a number of elec-of electors tors of President and Vice President of the United States, equal to the number of Senators and Representatives to which this State may be entitled in the Congress of the United States, which shall commence and close at the same hours, and be conducted in the same manner, and of which the same notice shall be given as is or may be directed by law for electing members of the Legislature of the State; but no Senator or Representative in Congress, or person holding an office of trust or profit under the United States shall be eligible as an elector of President and Vice President. SEC. 3. That it shall be the duty of the judges of election in each township forthwith after the close of the elections, Returns of elec to seal up one of the poll books of the election, which shall tion-duty of be carried within three days after the day of election, to the judges of electio n tary of state by registers of deeds Register of Deeds of the proper county, who shall attend the six days next succeeding the election at the seat of justice of his county, for the purpose of receiving poll books as aforesaid, and if the judges of election or any one of them shall fail to carry the poll book as aforesaid, they shall forfeit and pay to the State the sum of one hundred dollars to be recovered by civil action before any Court having cognizance thereof. SEC. 4. That the Register of Deeds upon receiving the poll books as aforesaid, shall administer an oath or affirma Returns to secretion to each judge who shall deliver said poll book, that he was a judge of said election, and hall indorse a certificate of having administered such oath or affirmation on the poll book or packet delivered to him, and shall moreover give the Judge delivering the poll book a receipt for the same, which receipt the Judge shall file with the clerk of the proper county, and the said Register of Deeds on the receipt of the poll books shall deliver to the Secretary of State at his office, within fifteen days after the election under the penalty of one thou sand dollars, to be recovered as is provided in the Third section of this Act. Canvass of the SEC. 5. That the said poll books on the twentieth day after the election shall be opened by the Secretary of State Votes-how made in the presence of the Governor, and the aforesaid Register of Deeds or such of them as choose to attend. The Secretary shall cause the poll books as they are opened to be read aloud, and shall make out a fair abstract of the names of the persons voted for, and the number of votes given to each, and the Governor shall forthwith make out for the persons having the greatest number of votes, certificates of having been duly elected electors of President and Vice Presi dent of the United States, and transmit the proper certificates to each person so elected, and shall cause the election of electors to be published in the newspapers printed at the seat of government, but if more than the number of persons to be elected have the greatest and an equal number of votes, then the election of those having such equal number of votes shall be determined by lot, to be drawn by the Secretary of State in the presence of the Governor and Registers of Deeds aforesaid. The Governor shall transmit the proper certificate and cause the publication to be made as aforesaid, and the said poll books shall be kept in the Secretary's office subject to the inspection of any person who may choose to examine the same. to meet at the seat of govern. mont SEC. 6. That the electors who shall be chosen as aforesaid, Electors chosen shall, at twelve o'clock, on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this State, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States. SEC. 7. That the several persons who shall be appointed to conduct the election of electors of President and Vice President of the United States, for neglect of duty or for Officers of elecimproper conduct, be liable to the same penalties and for-tion-penalty for feitures as are or may be provided by the law for regulating neglect of duty elections in this State. governor-vacan SEC. 8. That each elector of President and Vice President Electors to give of the United States shall before the hour of twelve o'clock, on notice of their the day next preceeding the day fixed by the law of Congress presence to the to elect a President and Vice Pres dent of the United States, cies how filled give notice to the Governor that he is at the seat of government, and ready at the proper time to perform the duties of an elector, and the Governor shall forthwith deliver to the electors present a certificate of all the names of the electors, and if on examination thereof, it shall be found that one or more of said e'ectors are absent and shall fail to appear before nine o'clock in the morning of the day of election of President and Vice President as aforesaid, the electors then present shall immediately proceed to elect by ballot in the presence of the Governor, a person or persons to fill such vacancy or vacancies as may have occured through the nonattendance of one or more of the electors. SEC. 9. That if more than the number of persons required to fill the vacancy or vacancies as aforesaid, shall have the greatest number and an equal number of votes, then the election of those having such equal and highest number of votes shall be determined by lot to be drawn by the Governor, in the presence of the electors attending: otherwise he or they to the number required having the greatest number of votes shall be considered elected to fill such vacancy or vacancies. Vacancies-ties— decision by lot Certificate of election to fill va⚫ SEC. 10. That immediately after such choice is made in the manner aforesaid, the name or names of the persons so chosen shall forthwith be certified to the Governor by the electors making such choice, and the Governor shall cause cancy-notice to immediate notice to be given to each and every of the elec- electors tors chosen to fill such vacancy or vacancies, as aforesaid, and the said person or persons in whose place he or they may or shall have been chosen shall be electors, and shall meet the other electors at the same time and place, and then and there discharge all and singular the duties enjoined on him or them as electors aforesaid, by the Constitution and laws of the United States and of this State. Per diem and SEC. 11. That each and every elector who shall attend as an elector at the seat of government, as aforesaid, shall be entitled to receive three dollars for each and every days at-mileage of eleetendance, and three dollars for every twenty miles travel, of tors the estimated distance by the most usual route from his place of residence to the seat of government, and the like sum of returning, which sum shall be allowed by the Auditor on the certificate of the Governor, and paid by the Treasurer out of any money in the treasury not otherwise appropriated. SEC. 12 That the judges and clerks of the township elec |