also issue a proclamation, declaring the election of such person. In case there shall be no choice by reason of any two or more persons having an equal and the highest number of votes, the governor shall by proclamation order a new election: Provided, That if either of the persons mentioned in this section as canvasser be a candidate for delegate to congress, such person shall take no part in the canvass of said votes.
Sect. 34. If the returns of election of any county in this territory shall not be received at the office of the secretary of the territory within forty days after the day of election, the said secretary shall forthwith send a messenger the clerk of the board of commissioners of such county, whose duty it shall be to furnish said messenger with a certified copy of such returns; and the said messenger shall be paid out of the treasury the sum of ten cents per mile for each mile he shall necessarily travel in going to and returning from the office of said clerk.
Sect. 35. Any person who shall receive a certificate of his election as a member of the council or house of representatives of the legislative assembly, coroner, or county commissioner, shall be at liberty to resign such office, though he may not have entered upon the execution of its duties, or taken the requisite oath of office; and when any vacancy shall happen in the office of [the] members of the council or house of representatives of the legislative assembly by death, resignation, or otherwise, the governor shall issue a writ of election, directed to the sheriff of the county or district in which such vacancy shall happen, commanding him to notify the several judges in his county or district, to hold a special election to fill such vacancy or vacancies, at a time to be appointed by the governor: Provided, That if there be no session of the legislative assembly, between the happening of such vacancy or vacancies and the time the general election, it shall not be necessary to order a special election to fill such vacancy; and whenever any such vacancy shall happen in the office of sheriff, either by death, resignation, or otherwise, the clerk of the board of commissioners of the county in which such vacancy shall happen, shall immediately notify the board of county commissioners of the proper county, who shall forthwith appoint some suitable person to be sheriff of