affirmation shall be taken before one of the persons or officers named in said section of said act. The said oaths To be in duplicate. or affirmations shall be subscribed in duplicate by the person taking the same, one of which shall be filed in the office of the secretary of the District, and the other be kept by the superintendent subscribing the same, and be deposited in the ballot-box of the election precinct with the other papers thereof. SEC. 2. And be it further enacted, That it shall be the duty of the superintendents of each election precinct, or a majority thereof, within five days prior to each election, to appoint two clerks, who shall be severally sworn or affirmed to the faithful performance of their duties in the same manner as that prescribed for the superintendents of election, and the oaths or affirmations taken by said clerks shall be disposed of in the same manner as the oaths or affirmations of the superintendents of election. Superintendent of each election pre cinct to appoint two clerks. Who shall take oath. Voting to be by SEC. 3. And be it further enacted, That the voting for any officers of the district, including members of the House ballot. of Delegates, shall be by ballot, and every voter may deliver written or printed tickets, as he may prefer, folded so as to conceal the name or names of the person or persons voted for, and designating in a single ticket the several persons voted for, in connection with the respective offices for which the vote may be given. Manner of voting. be kept. SEC. 4. And be it further enacted, That it shall be the duty of each superintendent of elections who shall receive the ticket of an elector, to call out aloud the name of such elector, which shall be entered by the clerks on separate Lists of voters to lists, and the name shall be repeated by each of them; and these lists shall, when the polls shall be closed, be certified to be correct by each of said clerks, and so certified they shall be placed with the tickets in the ballot-boxes of the several precincts. SEC. 5. And be it further enacted, That all tickets for any office folded, as aforesaid, and personally delivered by the voter, and none other, shall be deposited in the ballotboxes, and said boxes shall remain unopened until the polls are closed. SEC. 6. And be it further enacted, That when the polls are closed the said boxes shall be opened by the superintendents, who shall deliberately take out the tickets and read the names thereon respectively; and the clerks shall each And certified. Only folded tickets by voters to be re personally delivered ceived. Ballot-boxes to be open till polls close. Counting the bal lots. Returns. to Governor within 48 hours. carefully enter, as read, each ticket as it is taken from the box, and keep account of the same on papers prepared for that purpose, so that the number of votes for each candidate tallied thereon may be readily cast up and known. SEC. 7. And be it further enacted, That the superintendents shall then forthwith proceed to make out a return of the election in each district or precinct aforesaid, certifying the number of votes found for each candidate for any office authorized to be voted for; which certificates or returns shall be directed to the Governor of the District of Columbia, and be signed by the superintendents of election, or a majority of them, in the respective disTo be delivered tricts, and be delivered to the said Governor in person within forty-eight hours, after the same shall be made out, along with the ballot-boxes, carefully sealed up, in which shall have first been placed all the ballots, after the counting of the same, along with the tally-lists made and kept Governor to notify by the clerks. And from the returns made to the Governor as aforesaid it shall be his duty to ascertain the persons elected to any office of the District of Columbia as aforesaid, and within five days after his receiving said returns in full, transmit a certificate of election to each of the persons so ascertained to be elected to any office of Make proclama- said District, as well as to issue a proclamation or public notice, setting out in detail the number of votes cast in each district or precinct for the several persons therein voted for, for any office of the said District. The ballotAnd retain ballot boxes he shall retain in some secure place, sealed up as they come to him, to be called for if needed by any legal authority. persons elected to office. tion of result of election. boxes. Governor to pro vide ballot-boxes holding elections. SEC. 8. And be it further enacted, That it shall be the and other means of duty of the Governor of the said District to have the required number of ballot-boxes and forms for tally-lists, and all the stationery and other necessary papers and means for holding any election, prepared in time and furnished to the superintendents before the opening of the To pay expenses polls on the morning of election, and to pay out of the of election. fund belonging to the District of Columbia all expenses which may be required to carry on any general election: Provided, That said superintendents shall not receive more Compensation of than five dollars per day for each day of actual service, superintendents. and that no contingent expense of any kind in the dis Proviso. Not to incur con written charge of their duties shall be incurred by said superin- tingent expenses tendents, or any one acting for them, unless under the without authority from Govwritten authority of the Governor of the District. ernor. Governor to desig nate places for hold ing elections. and closing polls. Previous notice by advertisement re SEC. 9. And be it further enacted, That the Governor shall designate annually public and convenient places in each of the twenty-two Delegate districts of said District at which elections shall be held therein. They shall be sufficiently numerous to afford each elector a reasonable opportunity to vote thereat. The polls at each precinct Time of opening shall be opened at eight o'clock a. m., and continue open until seven o'clock p. m. of the same day. Not less than fifteen days' notice of the day and time and place of hold- quired. ing each general election of said District, and of the several election precincts or places of voting, shall be given in at least three newspapers of said District by the Governor thereof, together with the officers to be voted for, and a copy of such notice shall be preserved among the records of the secretary of said District. Approved August 23, 1871. CHAP. LXXIII.-An Act in relation to the Baltimore and Ohio, Alexandria and Washington, Ballimore and Potomac, and National Junction railroads. August 23, 1871. and cars in cities of Washington and Georgetown not to hour. Be it enacted by the Legislative Assembly of the District of Columbia, That no locomotive engines or railroad cars of Speed of engines any description shall be run, driven, or propelled over or upon any railroad track or tracks within the cities of Washington or Georgetown at a greater speed than at the rate of six miles an hour, under the penalty of fifty Penalty. dollars for each and every violation of any of the provisions of this section, to be forfeited and paid by the railroad company owning or using such locomotive engine or railroad car, or the engineer or conductor in whose charge said locomotive engine or railroad car may be, severally and respectively: Provided, That this section shall not apply to any car or engine while running through any tunnel under the cities of Washington and Georgetown, or any parts thereof. SEC. 2. And be it further enacted, That the Baltimore and Ohio, Alexandria and Washington, Baltimore and Potomac, and National Junction Railroad Companies are hereby directed and required (to keep in the day time, at Proviso. Warning must be given at crossings of approaching en gines or cars. Penalty. Sidewalks not to be encumbered by ger than is absolutely necessary. Penalty. every point where any public street crosses the railroad track or tracks of said companies, a person stationed with a red flag, and in the evening, until arrival and departure of the last train at night, at all the street crossings, a person with a flag and lighted lamp or lantern with red glass,) to give warning of the approach of the locomotive engines and railroad cars, of any descriptions, of said companies, under the penalty of ten dollars for every time any locomotive engine or railroad car shall pass, (at any such crossings without such persons being stationed) and such warning being given, to be forfeited and paid by the said companies, or the engineer or conductor in whose charge such locomotive engine or railroad car may be, severally and respectively. SEC. 3. And be it further enacted, That no railroad, locoengines or cars lon- motive engine, or railroad car, or train of cars, shall encumber or obstruct any sidewalk or crosswalk, or any street, in the cities of Washington or Georgetown, for a longer period than is absolutely necessary for the safe and expeditious discharge of passengers only, under the penalty of twenty-five dollars for each offense, to be forfeited and paid by the railroad company owning or using such locomotive engine or railroad car, or train of cars, or the agent, engineer, or conductor in whose charge such locomotive engine, railroad car, or train of cars, may be, severally and respectively. Railroad companies not to lay new track one, except when re quired to do so, with out giving 20 days' notice. SEC. 4. And be it further enacted, That no railroad comor alter grade of old pany shall lay down any rail or rails, or railroad track or tracks, or shall alter the grade or location of any rail or rails, or railroad track or tracks, in, across, or along any street in the cities of Washington or Georgetown, except when directed and required by the Board of Public Works to alter the grade or location thereof, without having first given twenty days' notice to the Board of Public Works of the desire and intention of the said railroad company to lay down or alter the grade or location of such rail or rails, railroad track or tracks, except when replacing a worn or broken rail, under the penalty of fifty dollars for each and every violation of any of the provisions of the section, to be forfeited and paid by the said company or the person or persons laying or altering the same, severally and respectively. Penalty. SEC. 5. And be it further enacted, That that portion of the street lying or being between the rails or tracks, and two feet from the outside rail or track of any railroad company, shall be paved in the same manner as the rest of the street or avenue in which such rails or tracks may be laid. Rails and tracks to be so laid as to SEC. 6. And be it further enacted, That rail or rails, track or tracks, of said companies shall be laid as shall least least obstruct travel. obstruct the free passage of vehicles and carriages over the same, and the upper surface of the rails shall be laid flush with the surface of the streets, and shall conform to the grades thereof, as now established, or as they shall from time to time be re-established or altered, the same to be done at the expense of the said companies; and in all streets or parts of streets which are not paved the rail shall be so laid in such manner as shall least interfere with the public travel thereon, and as shall be authorized and approved by the District government engineer. The railroad companies or their agents shall be required to keep the surface of the streets inside of the rail in good order and repair, and all snow, ice, dirt, and filth cleaned and removed from such portions of the streets at the expense of said companies, and in such manner as not to obstruct travel in any part of the street, under the penalty of fifty dollars for each and every violation of any of the provisions of this section, to be forfeited and paid by the said company, or the person or persons so violating. Space between rails order and free from to be kept in good snow, &c., at ex pense of company. Penalty. Board of Public Works to enforce of this act. SEC. 7. And be it further enacted, That it shall be the duty of the Board of Public Works to notify said rail- provisions of sec. 6 road companies to lower or raise the rail or rails, or their track or tracks, as the case may require, in accordance with the sixth section of this act; and in case of a failure of said railroad companies to comply with the terms thereof within ten days after said notice, which shall be in writing, then it shall and may be lawful for the Board of Public Works to take up and relay and repair said railroad track or tracks, and assess and collect the same from said neglecting company or companies. SEC. 8. And be it further enacted, That all acts or parts of acts inconsistent with this act be, and the same are hereby, repealed. Approved August 23, 1871. Repealing clause. |