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3.2.

1. Su C. W. S. Art. 1.3.9. _Delates of the

в. и

the Va: Conv: p: 18.

CHAP. CCCFVF

An Act for arranging the Counties of this State into Difiricts, to chofe Repre fentatives to Congress.

I.

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[Paffed the 30th of January, 1802.]

E it enacted by the General Ambly, That the counties of this commonwealth, and the cities and boroughs entitled to reprefentation, fhall be divided into twenty-two diftricts, in manner following, to wit:-The counties of Monongalia, Brooke, Ohio, Harrifon, Wood and Randolph, shall compofe one diftri&t: The counties of Berkeley, Jefferson and Hamphire shall compofe another diftrict: The counties of Frederick and Shenandoah fhall compofe another diftrict: The counties of Rockingham, Hardy, Pendleton, Augufta and Bath fhall compof another diftrict: The counties of Greenbrier, Rockbridge, Botetourt, Monrce and Kanawha fhall compofe another diftrict: The counties of Wythe, Tazewell, Montgomery, Washington. Grayfon, Ruffel and Lee shall compofe another diftrict: The counties of Loudoun, Fairfax and Prince-William fhall compofe another district: The counties of Westmoreland, Richmond, Lancaster, Northumberland, King-George and Stafford fhall compose another diftrict: The counties of Fauquier and Culpeper fhall' compofe another diftrict: The counties of Orange, Madifon, Louifa and Spotfylvania fhall compofe another district: The counties of King & Queen, King William, Effex and Caroline fhall compose another district: The counties of York, Middlefex, Mathews, James-City, Gloucefter. Warwick, ElizabethCity, Accomack and Northampton, and the city of Williamsburg fhall compofe another district: The counties of Franklin, Bedford, Patrick and Henry fhall compofe another diftrict: The counties of Halifax, Pittfylvania, and Campbell thall compose another district: The counties of Prince Edward, Charlotte, Buckingham and Cumberland fhall compose another diftrict: The counties of Powhatan, Goochland, Amelia and Chesterfield fhall compofe another difrict: The counties of Brunfwick, Lunenburg and Mecklenburg shall compose another diftrict: The counties of Dinwiddie, Prince-George, including the town of Petersburg, and the counties of Greenfville and Nottoway shall compofe another diftrict: The counties of Suflex, Southampton, Surry and Ile of Wight fhall compofe another dikrict: The counties of Norfolk, Princefs-Ann, Nanfemond and the borough of Norfolk shall compose another dif trict: The counties of Albemarle, Amherst and Fluvanna fhal compose another district; and the counties of Henrico, Charles City, New-Keat, Hanover, and the city of Richmond fhall compose another district.

Arrangement diftriés,

II. AND be it further enacted, That the perfons qualified by law to vote for Reprefentatives in conmembers to the houfe of delegates in each county, city and borough compofing grefs how to be elecc a diftrict, fhall affemble at their respective courthouses, on the fourth Wedneiday in April, in the year one thoufand eight hundred and three, and also on the fourth Wednesday in April in every fecond year thereafter, and then and there vote for fome difcreet and proper perfon, being a freeholder and refident within fuch diftrict, as a member of the houfe of reprefentatives for the United States.

III. THE high fheriff of each county, or in cafe of his fickness or inability Elections, how to be to attend, one of the deputy sheriffs, or the mayor of any city or borough, or in conducted. cafe of his inability to attend, the recorder of each city or borough entitled to reprefentation, fhall conduct the faid election, at which no determination fhall be had by view, but each perfon qualified to vote, fhall fairly and publicly poll, and the name of the voter fhall be duly entered under the name of the perfon voted for, in proper poll books to be provided by the officer conducting the election, for which purpofe he fhall appoint fo many writers as he fhall think fit, who fhall refpectively take an oath, to be administered by him, or make folemn affirmation, that they will take the poll fairly and impartially: He fhall deliver a poll book to each writer, who shall enter in diftinct columns under the name of the perfon voted for, the name of each elector voting for fach perfon. Like proclamation and proceeding fhall be had for conducting, continuing, and cloing the poll in each county of a diftrict, as is preferibed by law in the election of members to the General Affembly; and proclamation fhall also be made at the courthouse door, or place of holding fuch election, of the perfon having the greatest number of votes on the poll, on the closing thereof. Each elector fall be entitled to the fame privilege from arrest, and Privilege of ele Cots

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1801.

434 IN THE TWENTY-SIXTH YEAR OF THE COMMONWEALTH.

and penalty for not vot be fubject to the like penalty and forfeiture for failing to attend and vote at ing.

Duties of returning offi

cers.

Poll books to be recorded.

Certificates of elections

7 Le tranfmitted to comefs.

Pen. Ity on fheriffs, &c. for any neglect of duty.

Pengly for lingeleЯors.

fuch election, as is prefcribed by law, in the cafe of election of members to the General Affembly. Such failure to attend fhall be discovered and proceeded on in like manner, and under the fame penalties as is by law provided against fuch failures in the election of members to the General Affembly.

IV. IMMEDIATELY after each eletion in a county, city and borough, held as aforefaid, the clerks of the poil having firit figned the fame, shall deliver it to the fheriff or other officer who conducted the election, and fuch sheriff or other officer, together with the respective sheriffs and other officers who conducted the poll of the feveral counties, cities and boroughs entitled to reprefentation in the district, (but in cafe of fickness, death or other difability of the offcer who fhall have conducted the poil, then any other sheriff or officer of the county, and the recorder of any city or borough in which such disability may happen) fhall on the eighth day after the election, affemble at the courthouse of the county first named in fuch district, and then and there compare the polls refpectively taken at the elections in their several counties, cities and boroughs, and having afcertained by faithful addition and comparison of the numbers on the refpective polls, the perfon having the greateft number of votes upon the whole, giving their own votes in any cafe of the two foremost on fuch poll having an equal number of votes, fhall proceed to certify fuch election under their hands and feals, in manner and form following, to wit: "We A. B. fheriff "" of county (or deputy fheriff as the cale may be) C. D. fheriff of county (as the cafe may be) (and fo reciting the name of the theriff, and whether principal or deputy of each county, and the name of the mayor or recorder, as the cafe may be, of each city or borough entitled to re“presentation in the diftrict) compofing one entire district entitled by law to "elect a member to the house of reprefentatives of the United States, do hereby certify and make known, that at an election held on

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-at the place of holding elections in our respective counties, cities and boroughs, pur"fuant to law, the electors qualified to vote for members to the houfe of delegates, caufed to be chofen one perfon, to wit: G. H. to reprefent the faid "diftrict as a member of the house of reprefentatives for the United States. "Given under our hands and feals this one thou"fand eight hundred and — -." Two fair duplicates of fuch certificate and return, fhall be made by the faid fheriffs and other officers under their hands and feals, in the manner before recited, one of which thall be delivered to the perfon elected to reprefent the district, and the other fhall be tranfmitted to the governor and council, within twenty days, under the penalty of three hun dred dollars, upon each fheriff or other officer, in cafe of failure or neglect herein, to be recovered by motion in any court of record, by the auditor of public accounts, to the ufe of the commonwealth, on ten days previous notice of fuch motion.

V. THE said sheriffs and other cfficers, fhall alfo under like penalty and recovery, deliver to the clerks of their refpective counties, within ten days after fuch return, the original poll books, to be by fuch clerk entered of record, un der the like penalty for failure, as for failing to record the poll books taken at the election of members to the General Affembly-and where a poll fhall be taken in any county which fhall not become to until after the election, which fhall firft be holden in purfuance of this act, the officer conducting fuch election, shall deliver the poll books by him kept, to the clerk of his couuty, as the fame now stands, to be by him alfo recorded, under the like penalty.

VI. IT shall be the duty of the Executive to enelofe to the congrefs of the United States, the certificates and returns of elections aforefaid, tranfmitted to them from the refpective diftricts without delay.

VII. ANY sheriff or other officer, refufing to take the poll when he fhall be required by a candidate or elector; or taking it in any other manner than is herein before prefcribed; or making or figning a falfe certificate or return of election, as herein beiore directed; or making any erafure or alteration in the poll book; or refuting to fuffer any candidate or elector at his own expenfe to take a copy of the poll book, shall forfeit and pay fix hundred dollars, which penalties may be recovered with cofts in actions of debt, by any person who will fue for the fame; one half to his own ufe, and the other half to the use of the commonwealth.

VIII. ANY candidate or other perfon in his behalf, who shall directly or indirectly, give or agree to give, any clector or pretended clector, money, meat

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