33 ELECTIONS.
Sec. 45. In all elections for the choice of ary ofiser, unless it is otherwise expressly provided, the person having tho highest number of votes for any office, shall be deemert to have been: elected to that office.
Sec. 46. During the day on which any general, special,
ose, ss * town, precinct, or charter*election shall be held, no ¢ivil ‘pro- ecss shall be served of any elector entitled to vote at such elec- tion. | E Ca
Sec. 47. The registerøf deeds shal! not construe the statutes concerning the canvassing of the election returns, so as to dæ- cide all matters of law and fact himself, but the register afore- said, and the persons called to his assistance, shall constitute a board, a majority of whom shall decide‘all matters of disagree- ‘ment, and the said board shall disregard technicalities, and- misspelling, the use of initial letters, or abbreviations of the ‘name of candidates for offfce, if it can'be' ascertained from such votes for whom they ‘are intended, but they shall nót “count votes polled in any place but at established precincts, and a breach of the provisions of this section shall be deemed a mis- demeanor in office, and punished accordingly.
Sec. 48. It shall be the duty of the register of deeds, of each organized county in this territory, to provide uniform poll books for the use of his county, each poll book containing a copy of the law prescribing the qualifications of electors, and: so much of this act as relates to the duties of jaiges and clerks of election, the manner of conducting elections and the penal- ties imposed for offenses; also containing blanks for all entries required to be made in the said poll books, at the time the said register delivered notice for an election to the sheriff of his county, as-provided for in this act ;-he shall also deliver to the sheriff two'copics of said poll books for an election precinct, and the sheriff shall deliver’the same:into the hands of one of the judges of election, and the judges of election receiving the said poll books, shall deliver or-eause the same tobe delivered to the clerks on the day of election.
Sec. 49. Any citizen of Dakota Territory, who was, at the time of his enlistment, a qualified voter of the same, shall not be deprived of his right to vote because he is ‘in the military service of the United States, Provided, He resided in and
