TITLE I. CHAPTER 2. Officer receiving statutes, to deliver same to his and if not, by posting up notices in three or more of the most public places therein; and he shall take and preserve in his office, a receipt for each copy distributed by him, from the person entitled to and receiving the same. SEC. 9. Every person receiving a copy of the laws on account of any office held by him, shall, when he ceases to hold such office, desuccessor-con- liver over to his successor in office all laws received by him as such sequence of neglect. officer, and take the receipt of his successor therefor, and deposite such receipt, if a township officer, with the township clerk, and if a county officer, with the county clerk; and any person who shall neglect or refuse to deliver over to his successor in office, all laws received by him as aforesaid, shall be liable to such successor in an action for money had and received, to the full amount it shall cost him to furnish himself with such laws, and costs of suit; which action. shall, on request, be brought and prosecuted by the prosecuting attorney of the county. Expense of notice and transportation, how paid. Secretary to give notice when for distribution. SEC. 10. The expense of publishing the notice aforesaid, and of transporting the laws from the office of the secretary of state to the county clerk's office, shall be audited and allowed by the auditor general, and paid out of the state treasury. SEC. 11. As soon as the laws are ready for distribution, the secretalaws are ready ry of state shall transmit a written or printed notice thereof to each county clerk; and the expense of such notice, and all accounts for boxes furnished to the secretary of state, for the package and distribution of the laws, when certified by him to be correct, shall be audited and allowed by the auditor general, and paid out of the state treasury. Officers of senate CHAPTER 2. OF THE LEGISLATURE. SECTION 1. No officer of the senate or house of representatives, &c.. when not to while in actual attendance upon the duties of his office, shall be liable to arrest on civil process. be arrested. What offences may be punished as contempts. SEC. 2. Each house may punish as a contempt, and by imprisonment, a breach of its privileges, or the privileges of its members, but Constitution of only for one or more of the following offences, to wit: Mich., art. 4, 1. The offence of arresting a member or officer of the house, or procuring such member or officer to be arrested, in violation of his privilege from arrest: 2. That of disorderly conduct in the immediate view of the house, and directly tending to interrupt its proceedings: 3. That of refusing to attend, or be examined as a witness, either before the house, or a committee, or before any person authorised by the house, or by a committee, to take testimony in legislative proceedings: 4. That of giving or offering a bribe to a member, or of attempting by menace, or other corrupt means or device, directly or indirectly to control or influence a member in giving his vote, or to prevent his giving the same; but the term of imprisonment which such house may impose for any contempt specified in this section, shall not extend beyond the same session of the legislature. TITLE SEC. 3. Every person who shall be guilty of any contempt specified CHAPTER 2. in the preceding section, shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in Contempt to be the state prison not exceeding five years, or by imprisonment in the deemed a misdecounty jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment in the county jail, in the discretion of the court. meanor. of members to SEC. 4. The oath of office of any member or officer of the senate or By whom oath house of representatives, may be administered by, and taken and sub- be administered. scribed before the chancellor, any justice of the supreme court, the hieutenant governor, the president pro tempore of the senate, or the 1841, p. 10. speaker of the house of representatives. administer oaths. SEC. 5. Any senator or representative, while acting as a member of Members of a committee of the legislature, or either branch thereof, shall have committees may authority to administer oaths to such persons as shall be examined before the committee of which he is a member. 1839, p, 214. OF ELECTIONS OTHER THAN FOR MILITIA AND TOWNSHIP OFFICERS. Chapter 3. Of General and Special Elections. Chapter 4. Of Notifying Elections. Chapter 5. Of the manner of conducting the General Election. Chapter 7. Of the County Canvass and the proceedings thereon. Chapter 9. Of the State Canvass. Chapter 10. Miscellaneous Provisions relating to Elections. Chapter 11. Of the election of Representatives in Congress, Electors of President and Vice President, and Senators in Congress. General election CHAPTER 3. OF GENERAL AND SPECIAL ELECTIONS. SECTION 1. An election shall be holden in the several townships and when to be held. wards in this state, on the first Tuesday of November in each year, which shall be called the general election. Officers to be elected. In what cases SEC. 2. There shall be elected at such general election, so many of the following officers as are to be chosen in each year, respectively, that is to say: A governor, lieutenant governor, the senators and representatives in the state legislature, electors of president and vice president of the United States, representatives in congress, and the following county officers, to wit: Judges of the county court, judges of probate, sheriffs, coroners, clerks, registers of deeds, treasurers and surveyors, and such other officers as may by law be required to be elected at any general election. SEC. 3. Special elections may be held in the following cases, and special elections for the election of the following officers, that is to say: may be held. .1 When a vacancy shall occur in the office of senator or representative in the state legislature: 2. When there has been no choice at a general election, of a representative in congress, or of any county officer named in the next preceding section, properly to have been chosen at such general election: 3. When the right of office of a person elected to the office of representative in congress, or to either of the said county offices, shall cease before the commencement of the term of service for which he shall have been elected: 4. When a vacancy shall occur in either of the said county offices, after the commencement of the term of service, and more than three months before the next general election: 5. When, in any other case of a vacancy, not particularly provided for in this section, the governor shall, in his discretion, so direct. SEC. 4. No special election shall be held within forty days next preceding a general election, except in cases where the governor shall order a special election. TITLE II. CHAPTER 4. When not to be held. When vacancy SEC. 5. A vacancy in either of the offices named in the second section of this chapter, which shall not have been supplied before a gen- to be supplied at eral election, may be supplied at such election; and a vacancy in any general election. county office named in the second section of this chapter, shall be ordered by the board of supervisors to be filled at such general election. Special election, SEC. 6. Special elections for the choice of the county officers named when to be or dered by super. in section two of this chapter, shall, except in cases in which a special visors. election is to be ordered by the governor, be ordered by the board of supervisors. SEC. 7. Special elections shall be held and continued one day only, To be held one and shall be conducted, and the result thereof canvassed and certified, day only. in all respects, as near as may be, in like manner as general elections, except as otherwise directed. SEC. 8. In elections for the choice of all officers named in the se- Persons having cond section of this chapter, the persons having the greatest number greatest number of votes shall be deemed to have been duly elected. of votes deemed elected. in certain cases. SEC. 9. Whenever the time fixed by the law of congress for the Election of elecelection of electors of president and vice-president of the United tors of president States, shall not occur on the day appointed for holding the general election, such election for electors of president and vice-president, shall be holden on the day so fixed by the law of congress therefor. SEC. 10. All the provisions of law relating to the notifying and hold- Provisions rela ing of the general election, and the election of electors of president election to apply. and vice-president thereat, shall apply to every such election holden pursuant to the provisions of the preceding section, and the votes given for such electors shall be returned and canvassed, and the result determined in the same manner, in all respects, and with the like effect, as in case of the election of such electors at a general election. ting to general CHAPTER 4. OF NOTIFYING ELECTIONS. SECTION 1. When a vacancy shall occur in the office of governor Notice of supplying vacancy or lieutenant governor, twenty days or more before the general elec- in office of govtion in the first year of the constitutional term for which such officers ernor, &c. shall have been elected, the person officiating as governor for the time being shall, at least twenty days before such election, cause a written notice under his hand to be sent to the sheriff of each county in the state; which notice shall state in what office the vacancy has occurred; and that such vacancy will be supplied at the next general election. SEC. 2. The secretary of state shall, between the first day of July Notice of election and the first day of September in each and every year in which a to be given by of governor &c., governor and lieutenant governor, or representatives in congress, are secretary of state to be elected for a full term of office, or in which electors of president and vice-president are to be elected, direct and cause to be delivered to the sheriff of each county, a notice in writing, that at the next general election a governor and lieutenant governor, electors of president and vice-president, a representative in congress for the district to TITLE II. CHAPTER 4. Notice of elec which such county shall belong, or any or all of such officers, as the case may be, are to be elected. SEC. 3. He shall also in each year, between the first day of July tion of senators, and the first day of September, direct and cause to be delivered to the sheriff of each county, a notice in writing, specifying the names of the senators, for the district to which such county shall belong, whose terms of office will expire on the last day of December thereafter, and whose successors are to be elected at the next general election. Notice of vacancy in office of representative in congress when to be given. Notice and writs SEC. 4. If any vacancy in the office of representative in congress, which may properly be supplied at a general election, shall exist one month before such election, the secretary of state shall, thirty days at least before such general election, give notice in writing to the sheriff of each county in the district where such vacancy exists; which notice shall specify the cause of such vacancy, the name of the officer in whose office it occurred, and the time when his term of office will expire. SEC. 5. The secretary of state shall cause a copy of each notice isof election to be sued by him, and of each writ of election issued by the governor, to Cons. of U. S. art be published in the state paper once in each week from the date of 1, § 2, sub. 4. such notice or writ, until the election to which it shall refer. published. Duty of supervi sors, &c., in orto be filled. SEC. 6. When the board of supervisors of a county shall order a dering vacancy special election to fill a vacancy in any office, and when they shall order such vacancy to be filled at a general election, such order shall be in writing, and signed by the chairman and clerk of the board, and shall specify how the vacancy occurred, the name of the officer in whose office it occurred, the time when his term of office will expire, and the day on which such special election shall be held, not being more than forty, nor less than thirty days from the making of such order; and such clerk shall, without delay, cause a copy of such order to be delivered to one of the inspectors of elections in each township, and in each ward of any city in the county. Duty of sheriff on receiving notice. Duty of township clerk, &c., on receiving notice. SEC. 7. The sheriff, on receiving either of the notices directed in this chapter to be sent to him, shall forthwith cause a notice in writing to be delivered to the township clerk of each township, and to one of the inspectors of election in each ward in any city; which notice shall contain, in substance, the notices so received by such sheriff'; and he shall also give at least twenty days' notice in writing, to be delivered to the township clerk of each township, and to one of the inspectors of election in each ward in any city in his county, of the holding of all general elections for the choice of county officers, designating the officers to be chosen at each and every such election. SEC. 8. The township clerk or inspector of elections receiving either of the notices directed in this chapter to be delivered to him, shall, by notice in writing under his hand, give at least eight days' notice to the electors of the township or ward, of the time and place at which such election is to be held, and the officers to be chosen; and if the notice is of a general election, it shall state whether any of the officers then to be chosen are to fill vacancies, and the names of those in whose offices the vacancies shall have occurred; and such township clerk or inspector shall cause such notices to be posted up in at least three of the most public places in the township or ward, |