54

ELECTIONS. [ART. 5.

of recorded
papers, admis-
sible

admitted at all such trials, in the same manner as the originals
would be if produced.

Id s 64
1841, c 284, s o
Copies of what
other papers to
be admitted as
evidence

61. The copies of any other papers of a public nature, and re-
maining in the possession of a public officer, and extracts from the
poll books under the hand and seal of the clerk of the court or
public officer in whose office they are deposited, shall be admitted
as evidence.

J876, c 226
Ballots to be de-
livered to jus-
tice of peace in
con tested elec-
tions.

62. The clerk of any court to whom the ballots have been re-
turned under the provisions of this article, shall produce any of such
ballots in regard to which testimony maybe proposed to be taken
before a justice of the peace taking examinations in a contested
election, and shall furnish said justice with copies of the same if re-
quired, but said ballots when produced before the justice as afore-
said shall be in the possession and custody of said clerk, and said
clerk shall retain said ballots in his possession and custody until
such ballots shall be required by the order of the court having
jurisdiction of the case, to be delivered to said court or by the order
of the Senate or House of Delegates, in whichever the seat is con-
tested

Art 35, s 66
1844, c 284, B 7.

63. The justice before whom such depositions shall be taken,
shall be entitled to the sum of two dollars for every day he may be

Pay of justice
and witnesses

engaged in the examination of witnesses, and the witnesses shall
be entitled to the usual allowance for their attendance before a jus-
tice of the peace, to be paid by the party on whose behalf such ex-
amination is held and said witnesses are summoned.

Id s 67
1844, c 78.

64. No person contesting a seat of any one who has been regu-
larly returned by the judges of election, as elected to a seat in the

Contestant not
allowed pay un-
less successful

Senate or House of Delegates, shall be allowed any per diem,
mileage, or other pay, unless the party so contesting shall establish
his right to such seat.

Id s 68
1S33, c 261, s 1
Time of elec-
tion of electors
of president and
vice-president

ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

65. On the first Tuesday, next after the first Monday of Novem-
ber preceding the time fixed by law of the United States for choice
of president and vice-president of the United States, there shall
be elected by general ticket as many electors of president and vice-
president as this State shall be entitled to appoint.

Id s 69
1833, c 261, s 1

66. Each citizen of this State entitled to vote for delegates to
the General Assembly shall have the right to vote for the whole

Who may vote
for

number of electors; and the several persons, to the number re-
quired to be chosen, having the highest number of votes, shall be
declared and deemed duly appointed electors.

Id s 70
1833, c 261, s 1

67. If any of the persons voted for as electors shall have an
equal number of votes, so as to defeat a choice between them, the

Case of the, how
decided

governor shall determine by lot which of the persons having such
equal number of votes shall be electors, so as to complete the whole
number to which the State shall be entitled.