CHAPTER 11. OF THE ELECTION OF REPRESENTATIVES IN CONGRESS, ELECTORS OF Of the Election of Representatives in Congress. TITLE II. CHAPTER 11. SECTION 1. A representative in the congress of the United States, Representatives shall be chosen in each of the congressional districts into which the in congress, when to be elected. state is or shall be divided, at the general election in the year one thou- 1843, p. 37. sand eight hundred and forty-six, and every two years thereafter. SEC. 2. If a representative in congress shall resign, he shall forth- In case of death, with transmit a notice of his resignation to the secretary of state; and or resignation, clerk to notify if a vacancy shall occur by death or otherwise, in the office of repre- secretary of state sentative in congress, the clerk of the county in which such representative shall have resided at the time of his election, shall without delay transmit a notice of such vacancy to the secretary of state. Of the election of Electors of President and Vice President, of president &c. SEC. 3. At the general election next preceding the choice of presi- When electors dent and vice president of the United States, there shall be elected by to be elected. a general ticket, as many electors of president and vice president as this state may be entitled to elect of senators and representatives in congress. per form their duties. to constitution of SEC. 4. The electors of president and vice president shall convene Electors when to at the capitol of this state, on the first Wednesday of December, and meet and if there shall be any vacancy in the office of an elector, occasioned by death, refusal to act, or neglect to attend by the hour of twelve 12th amendment o'clock at noon of that day, the elector or electors present shall pro- United States. ceed to fill such vacancy by ballot and plurality of votes; and when all the electors shall appear, or vacancies shall be filled as above pro- Act of congress vided, they shall proceed to perform the duties of such electors re- 1792. quired by the constitution and laws of the United States. of 1st March, electors. SEC. 5. The secretary of state shall prepare three lists of the names Credentials of of the electors; procure thereto the signature of the governor, affix the seal of the state to the same, and deliver such certificates thus signed and sealed, to one of the electors, on or before the said first Wednesday in December. Of the election of Senators in Congress. congress to be SEC. 6. On the first Tuesday after the second Monday of January next before the expiration of the time for which any senator was elect- When sonator in ed to represent this state in congress, if the legislature shall be then in elected. session, and if not, then within ten days after a quorum of both houses shall be assembled at the then next meeting of the legislature, an election shall be held for a senator in congress, at the place where the legislature shall be then sitting, which election may be continued from day to day, until such senator shall be elected. SEC. 7. Whenever the seat of any such senator shall become va- Vacancy to be cant before the expiration of the term for which he was elected, anoth- filled. er senator shall be elected in his place, within ten days after the legislature shall have notice of such vacancy, at the place where it shall be then sitting. SEC. 8. Such election shall be made in the following manner: The Manner of conducting election. TITLE II. CHAPTER 11. tion. senate and house of representatives shall each openly nominate one person for the office of senator in congress; after which they shall immediately meet, and if they shall agree in their nomination, the person so nominated shall be deemed elected; if they shall disagree, the election shall be made by a joint vote of the senators and members of the house of representatives, and a majority of the votes given upon such joint vote, shall be necessary to a choice. Evidence of elec. SEC. 9. Whenever any senator shall be chosen as aforesaid, copies of the resolutions of the senate and house of representatives, certifying such choice, signed by the president of the senate and speaker of the house of representatives, shall be thereupon delivered to the person so chosen senator, as evidence of such election. TITLE III. OF CERTAIN STATE OFFICERS; OF COUNTIES AND COUNTY OFFICERS; AND SUPPLYING VACANCIES. Chapter 12. Of certain State officers. Chapter 13. Of Counties. Chapter 14. Of County Officers. Chapter 15. Of Resignations, Vacancies and Removals, and supplying Vacancies. TITLE III. CHAPTER 12. CHAPTER 12. OF CERTAIN STATE OFFICERS. The Governor. SECTION 1. The governor shall receive an annual salary of one thousand five hundred dollars, to be paid quarter yearly, and shall not Governor's salabe entitled to any fees or perquisites of office in addition to his salary. Const. art. 5, §18, SEC. 2. Whenever by the impeachment of the governor, his remo ry. salary to cease val from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant govern- When governors or, the salary of the governor shall cease, and the same shall be re- and be received ceived by the lieutenant governor, as a full compensation for his ser- by lieut. govervices until such disability shall cease, or the vacancy be filled. SEC. 3. The governor may, at the commencement of each session of the legislature, appoint a private secretary, who shall hold his office during the session, unless sooner removed by the governor, and who shall receive such compensation as the legislature may direct, not exceeding two dollars a day for the time he is employed. The Secretary of State. nor. 1840, p. 128. Private secretary 1840, p. 126, §4— id. p. 128. Secretary of state SEC. 4. The secretary of state shall have the custody of the great seal of the state, and copies of all records and papers in his office, to have custody certified by him, and authenticated by the great seal of the state, shall of great seal, &c. be evidence in all cases equally, and with the like effect, as the origin- Const., art. 7. als. duties and com SEC. 5. The secretary of state may appoint a deputy, with the ap- Deputy secretaprobation of the governor, and revoke such appointment at pleasure; ry, his powers, and whenever the secretary of state shall, by reason of sickness, ab- pensation. sence, or other cause, be disabled from executing the duties of his office, his deputy, duly appointed, shall execute the duties thereof until such disability be removed, or until a secretary shall be appointed, and such deputy shall receive an annual salary of five hundred dollars, payable quarter yearly. SEC. 6. The secretary shall receive an annual salary of eight hun- Salary of secredred dollars, payable quarter yearly; and also such fees and perqui- tary. TITLE III. CHAPTER 12. State treasurer to give bond. Const., art. 7, § 2. Condition of bond. Deputy treasurer, his powers, duties and compensation. 1840, p. 233, $4, 1844, p. 77, §í. Proccedings on death, &c. of treasurer. Ib. Ib. sites of office as shall be allowed him by law; and he shall keep his office at the capitol. The State Treasurer. SEC. 7. The state treasurer, before entering upon the duties of his office, shall give bond to the people of this state in the sum of one hundred thousand dollars, with three or more sureties, to be approved by the auditor general and the attorney general, which bond shall be filed in the office of the secretary of state. SEC. 8. The condition of such bond shall be, in substance, that the treasurer and all persons employed in his office, shall faithfully discharge their respective duties and trusts, and that the said treasurer shall use all necessary and reasonable diligence and care in the safe keeping and lawful disposal of all sums of money, books, bonds, notes, papers, and all other things appertaining to said office, and which have or shall come to his hands, or to the hands of any person or persons employed by him; and that the said treasurer shall, upon reasonable notice, render a true account in the premises whenever he shall be thereunto required by any provision of law in that behalf, or by the senate or house of representatives, and shall deliver over to his successor in said office, or to any other person authorized by law to receive the same, all moneys, books, bonds, notes, papers, and all other things belonging to said office; and that all balances which shall appear against him, shall be forthwith paid into the treasury of the state. SEC. 9. The treasurer may appoint a deputy, for whose acts he shall be responsible, and may revoke such appointment at pleasure; and such deputy may execute the duties of the office during the sickness or necessary absence of the treasurer, and shall receive an annual salary at the rate of seven hundred dollars, payable quarter yearly. SEC. 10. Upon the death or resignation of the treasurer, or upon a vacancy in that office from other cause, the any secretary of state, with two suitable persons to be appointed by warrant under the hand and seal of the governor, shall repair to the place or places where the moneys, papers and other things belonging to the treasury are usually kept, and having previously given notice to the late treasurer, his heirs, executors, or administrators, and to his sureties, or one of them, or to such of the said persons as may be found in the state, to attend them, shall seal up and secure, in their presence, if they shall attend, all such moneys, papers, and other things supposed to belong to the state. SEC. 11. They shall then give such representatives or sureties, if required by them, a true list of all boxes and packages so sealed up and secured, and shall note on such list the places wherein the same are deposited; whereupon, as soon as it can be conveniently done, and after notice to the parties mentioned in the preceding section, they shall cause the said boxes and packages to be examined, and a true inventory to be taken of the said moneys, and of all bonds, notes, securities, books, and other things appertaining to said office, which shall be required by such late treasurer, or his representatives, or sureties, or either of them. SEC. 12. A copy of such inventory shall be deposited by them in the secretary's office, and any copies that may be required shall be given to any of the parties mentioned in the preceding section; and STATE OFFICERS. ERSIYOF they shall safely keep all moneys and other effects mentioned as aforesaid, until another treasurer shall be appointed, to whom, when qualified, they shall deliver over the same, taking duplicate receipts therefor, one of which receipts shall be deposited with the secretary, and the other shall be delivered to the said late treasurer, or his legal representatives or sureties, or one of them. hibit accounts to SEC. 13. The treasurer shall, on the first Tuesday of each month, Treasurer to exand at such other times as the auditor general may require, exhibit to auditor general. the said auditor general, for his examination, a true account of his receipts, and of moneys paid out by him as treasurer. Statement to be ed with laws. SEC. 14. The treasurer shall make to the legislature, at its annual made to legisla session in January in each year, and at such other times as he shall ture and publish be required by either branch of the legislature, an exact statement of the balance in the treasury to the credit of the state, with a summary of the receipts and payments of the treasury during the preceding year; which annual statement he shall cause to be published with the laws of the session at which the same shall have been made. SEC. 15. He shall keep his office at the seat of government, and shall Where to keep receive an annual salary fone thousand dollars, payable quarter yearly, His salary. in full compensation for all his services. SEC. 16. The fiscal year for the treasury of this state, shall commence on the first day of December in each year, and close on the thirtieth day of November in the succeeding year. The Auditor General. office. Fiscal year. 1839, p. 116. &c. SEC. 17. The auditor general shall state all accounts, and examine Auditor general and liquidate the claims of all persons against the state, in cases pro- to state accounts, vided for by law, and give his warrant therefor; and in cases of claims against the state which cannot be liquidated by him, or by the board of state auditors, without further legislative provision, he shall examine and report the same, with the facts relating thereto, to the legislature, with his opinion thereon. and draw war SEC. 18. He shall also examine, adjust and settle the claims of all To settle claims persons indebted to the state; and when there shall be any account rants on treasur liquidated, showing any amount to be due to any person, for the payment whereof an appropriation shall have been made by law, he shall draw his warrant on the treasury therefor. er. Moneys not to be auditor's warrant SEC. 19. No moneys shall be paid out of the state treasury, except paid out of treason the warrant of the auditor general; and all receipts for money paid ury except on to the treasurer, shall be taken to the auditor general, who shall countersign the same, and enter them in the proper book in his office for that purpose, to the credit of the person by whom such payment shall countersigned, be made, and no such receipt, unless countersigned, shall be evidence of such payment. Receipts to be &c. tween treasurer SEC. 20. The auditor general shall keep an account in proper books Accounts beto be provided by him for that purpose, between the state and the trea- and state. surer, charging therein to the treasurer the balance in the treasury, and all moneys received by him, and giving him credit therein on the first Tuesday in every month, for all warrants paid by him, which warrants shall thereupon be cancelled by the auditor general; and he shall also keep an account of all outstanding warrants not paid by the treasurer. Auditor to exam. SEC. 21. He shall, on the first Tuesday in each month, and at any other ine treasurer's time when he may deem it necessary, examine the treasurer's account report irregular. 8 ity, &c, accounts, and |