ELECTIONS 35
election of such person. In case there shall be no choice by reason of any two or more persons having an equal and the highest number of votes, the governor shall, by proclamation, order & new election: Provided, That, if either of the persons mentioned in this section as canvassers be a candidate to congress, much person shall take no part in the canvass of said votes.
Sec. 34. If the returns of election of any, organized county in this territory shall not be received at the office of the secretary of the territory within thirty days after the day of election; the said secretary shall fort smith send a messenger to the register-of deeds of such county, whose duty, it shall be to furnish said messenger with a certified copy of such returns ; and the said messenger shall be paid out of the treasury the sum of ten cents per mile for each mile he shall necessarily travel in going to and returning from the office of the said register.
Sec. 35. Any person who shall receive a certificate of his election as a member of the council or house of representatives or resignation of the legislative assembly, sheriff, probate judge, register of deeds, coroner, or county commissioner, shall be at liberty to resign such office, though he may not have entered upon the execution of its duties, or taken the requisite oath of office; and when any vacancy shall happen in the office of the member of the council or house of representatives of the legislative assembly, by death, resignation or otherwise, the governor shall issue a writ of election, directed to the sheriff of the county or district in which such vacancy shall happen, commanding him to notify the several judges of election in his county or district, to hold a special election to fill such vacancy. or vacancies, at a time to be appointed by the governor : Provided, That if there be no session of the legislative assembly between the happening of such vacancy or vacancies and the time of the general election, it shall not be necessary to order & special election to fill such vacancy; and when any, vacancy shall happen in the office of delegate to congress from this territory, it shall be the duty of the governor to issue his proclamation appointing a day to hold a special election to fill such vacancy.
