their Great Register what it is intended to be-a list of such SEC. 1110. In an action under the authority of section Parties to one thousand one hundred and eight as many persons actions. may join as plaintiffs as have causes of action. NOTE.-The object of this section is to avoid the expenses of a separate action in each case. SEC. 1111. In an action under the authority of section Same. one thousand one hundred and nine, the Clerk and as many persons as there are causes of action against may be joined as defendants. NOTE. The object of this section is to enable any person taking proceedings to purge the Great Register to join all persons whose names it is claimed are illegally thereon in one proceeding. This will make the remedy more effectual, because cheaper. Costs not recovered Clerk, ex to be against the SEC. 1112. Costs cannot be recovered against the Clerk in any action under the authority of this Chapter unless it is alleged in the complaint and established on the trial that the Clerk knowingly and wilfully violated a plain tain cases. duty. NOTE. It would be manifestly improper to subject a faithful officer-one who only seeks by his action to fairly and honestly discharge the duties imposed upon him-to the payment of costs for a mistake in judgment fairly made and given. It is equally manifest that if he acts arbitrarily and oppressively that he should be so subject. cept in cer make copy Register. SEC. 1113. Before the fifth day of August in the year Clerk to eighteen hundred and seventy-three, and in every second of Great year thereafter, each County Clerk must make out a copy of the uncancelled entries existing on the Great Register on the preceding first day of August. SEC. 1114. In such copy the names must be arranged alphabetically, according to surnames, and must be num Names must be arranged alphabetically and numbered. Great Register must be printed. Printed copies, how bered consecutively from the first to the last name, inclusive. NOTE-Copies of the Great Register (as will be seen from subsequent provisions of this Title) take the place of the poll lists. For this reason we have provided that such copies must be printed immediately preceding each general election. Provisions are also made that persons who are registered subsequent to the time these copies are made may vote upon filing with the Election Board a certificate of registration. Ample provisions are made for a timely distribution of the copies, so that all may know at an early day who are claimed to be voters up to the time the copy was made. SEC. 1115. Within fifteen days after making such list the Clerk must have printed a sufficient number of copies thereof to supply each election precinct in the county. with not less than ten copies thereof, and fifty additional for every one thousand votes cast in the county at the next preceding general election. NOTE.-See note to preceding section. SEC. 1116. The Clerk must as soon as such copies are distributed. printed: Copy of entry primary evidence that the party is an elector. 1. Post one copy in some public place in the Court House; 2. Deliver, upon demand, one copy to each county and township officer in the county; 3. Transmit and cause to be delivered not less than ten copies to each Election Board in the county; 4. Preserve five copies in his office for the inspection. of the public; 5. Transmit to the State Library and Mercantile Library of San Francisco one copy each; 6. Deliver one copy to each elector of the county applying therefor until the remainder of the edition printed is exhausted. NOTE.-See note to preceding section. SEC. 1117. A certified copy of an uncancelled entry upon the Great Register is primary evidence that the person named in the entry is an elector of the county. CHAPTER IV. ELECTION PRECINCTS. SECTION 1127. Supervisors to establish election precincts. 1128. Boundaries must be defined. 1129. Board may alter, etc., precincts. 1130. Limitations on powers given herein. 1131. Board to designate place in precinct for holding elec- 1132. Same. to establish SEC. 1127. The Board of Supervisors of each county Supervisors must establish a convenient number of election precincts election therein. NOTE. We adhere to the use of the term "precinct," instead of taking the term "district," for the reason that it is the term most in use in this State. precincts. SEC. 1128. In the order establishing precincts the Boundaries boundaries thereof must be defined. SEC. 1129. The Board may from time to time change the boundaries of, create new, or consolidate established precincts. must be defined. Board may precincts." alter, etc., SEC. 1130. The following limitations are imposed upon Limitathe powers given the Supervisors in this Chapter: tions on powers given 1. No precinct must be so established as to embrace herein. more than one township, nor parts of two or more townships, nor in such manner that its exterior limits cross the exterior boundaries of any township, incorporated town, or city, or any ward, district, or other territorial subdivision for which local officers are to be elected, except a school or road district; 2. No precinct must be established nor must the boundaries of one already established be altered within thirty days next preceding a general or judicial election. designate SEC. 1131. The Board must, in its order appointing Board to Boards of Election, designate the house or place within place in the precinct where the election must be held. precinct for holding election. SEC. 1132. If the Board fails to designate the house or Same.. place for holding the election, or if it cannot be held at the house or place designated, the Justices of the Peace residing therein must meet two days before the election, and by an order under their hand (copies of which they must at once post in three public places in the precinct) designate the house or place. Boards of Election, how appointed. Judges not CHAPTER V. BOARDS OF ELECTION. SECTION 1142. Boards of Election, how appointed. 1144. Same. 1145. Organization of Boards and general powers of In spectors. 1146. Judges and Clerks may administer oaths. 1147. Clerks. 1148. Board and Clerks to be sworn. 1149. Board to post copies of Great Register. 1150. Copies not to be torn nor defaced. SEC. 1142. When an election is ordered the Board of Supervisors must appoint for each precinct, from the electors thereof, one Inspector and two Judges, who constitute a Board of Election for such precinct. SEC. 1143. The Judges appointed must not be members same politi- of the same political party. to be of cal party. Same. Organization of Boards, and general powers of Inspectors. SEC. 1144. If the Board fails to appoint the Election Board, or the members appointed do not attend at eight o'clock A. M. on the morning of the election, the electors of the precinct present at that hour may appoint the Board, or supply the place of an absent member thereof. SEC. 1145. The Inspector is Chairman of the Election Board, and may: 1. Administer all oaths required in the progress of an election; 2. Appoint Judges and Clerks, if during the progress of the election any Judge or Clerk ceases to act. Clerks may SEC. 1146. Any member of the Board, or either Clerk Judges and thereof, may administer, and certify oaths required to be administer administered during the progress of an election. oaths. SEC. 1147. The Board of Election for each precinct Clerks. must, before opening the polls, appoint two persons to act as Clerks of Election. SEC. 1148. Before opening the polls each member of the Board and each Clerk must take and subscribe an oath to faithfully perform the duties imposed upon them. by law. Any elector of the township may administer and certify such oath. Board and Clerks to be sworn. post copies of Great Register. SEC. 1149. Before opening the polls the Board must Board to post, in some convenient place easy of access, not less than four printed copies of the Great Register of the county, as last printed. SEC. 1150. The copies so posted must be maintained during the whole time of voting, and must not in any manner be torn or defaced. NOTE.-One object of the two preceding sections is that every person may have the means of informing himself as to who are on the register. Another is, that each voter may ascertain the number affixed to his name thereon. By a subsequent section it is provided that each person, as he offers his ballot, must declare such number. Copies not nor to be torn defaced. CHAPTER VI. OPENING AND CLOSING THE POLLS. SECTION 1160. Time of opening and closing the polls. 1161. Recess. 1162. Ballot box to be exhibited. 1163. Proclamation at opening the polls. 1164. Proclamation at closing the polls. SEC. 1160. The polls must be opened at eight o'clock on the morning of election, and except as provided in the next section, must be kept open until sunset. |