R. S. 2822-Act of Congress

PRESIDENTIAL ELECTORS.

ACTS OF CONGRESS.

The electors of the president and vice president shall be appointed in each State, on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed; provided, that each State may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote; and provided also, when any State shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such manner as the State shall by law provide.

U. S. Statutes, act approved January 23, 1845, Vol. 5, p. 721.

Except in case of an election of a president and vice president of the United States, prior to the ordinary period, as hereinafter specified, electors shall be appointed in each State for the election of president and vice president of the United States, within thirty-four days preceding the first Wednesday in December, one thousand seven hundred and ninety-two, and within thirty-four days preceding the first Wednesday in December in every fourth year succeeding the last election, which electors shall be equal to the number of senators and repre sentatives to which the several States may by law be entitled at the time when the president and vice president thus to be chosen, should come into office; provided, always, that where no apportionment of representatives shall have been made after any enumeration, at the time of choosing electors, then the number of electors shall be according to the existing apportionment of senators and representatives.

U. S. Statutes, act approved March 1, 1792, Vol. 1, p. 239.

Electors shall meet and give their votes on the said first Wednesday in December, at such place in each State as shall be selected by the legislature thereof; and the electors in each State shall make and sign three certificates of all the votes by them given, and shall seal up the same, certifying on each that a list of the votes of such State for president and vice president is contained therein; and shall, by writing, under

R. S. 2823-2827

their hands, or under the hands of a majority of them, appoint a person to take charge of, and deliver to the president of the senate, at the seat of government, before the first Wednesday in January then next ensuing, one of the said certificates; and the said electors shall forthwith forward by the postoffice to the president of the senate, at the seat of government, one other of the said certificates, and shall forthwith cause the other of the said certificates to be delivered to the judge of that district in which the said electors shall assemble. Id.

The executive authority of each State shall cause three lists of the names of the electors of such State to be made and certified, and to be delivered to the electors on or before the first Wednesday in December, and the said electors shall annex one of the said lists to each of the lists of their votes. Id.

See U. S. Revised Statutes, Secs. 131 to 151; February 3, 1887, Chap. 60; 24 Statutes at Large, p. 373.

2823. Time for holding elections, superseded by Constitution, Art. 206, and Act 152, 1898, Sec. 5, printed at p. 689.

[Manner of Voting.]

2824. Every qualified voter in the State shall vote for electors as follows: Two persons shall be selected from the State at large, and one person shall be chosen from each Congressional District in this State; and in case any ticket shall contain two or more names of persons residing in the same district (except the two chosen from the State at large), the first of such names only shall be considered as duly voted for (Act 193, 1868, p. 245).

[Qualification of Elector.]

2825. No person shall be considered a qualified elector who is not a qualified voter in the district for which he is chosen, or in case of being selected for the State at large, then of some parish of the State.

2826. Examination of returns and ascertainment of result, superseded by Act 152, 1898, Sec. 5, printed at p. 689.

See other provisions of act mentioned.

[Returns, How Preserved.]

2827. One of the returns from each parish, indorsed by the Governor, shall be placed on file and preserved among the archives of the Secretary of State.

R. S. 2828-2834

2828. Publication of names of electors chosen, superseded. See Act 152, 1898, Sec. 5, printed at p. 689.

[Meeting of Electors.]

2829. The electors shall meet at the seat of government on the day appointed for their meeting by the act of Congress (the first Wednesday in December), and shall then and there proceed to execute the duties and services enjoined upon them by the Constitution of the United States in the manner therein prescribed.

[Vacancies, How Filled.]

2830. If any one or more of the electors chosen by the people shall fail from any cause whatever to attend at the appointed place, at the hour of 4 p. m. of the day prescribed for their meeting, it shall be the duty of the other electors immediately to proceed by ballot to supply such vacancy or vacancies. [Compensation of Electors.]

2831. Each elector shall receive the same daily compensation and allowance which at that time shall be allowed by law to members of the General Assembly, to be paid by the Treasurer of the State on warrants signed by the Governor.

[New Parishes.]

2832. When a new parish shall be established it shall form a part of the district to which it belonged previous to its change of organization (Act 339, 1855, p. 482).

PRISONS.

[Sheriff is Keeper of Jail.]

2833. Each sheriff shall be the keeper of the public jail of his parish, and shall by all lawful means preserve the peace and apprehend all disturbers thereof, and other public offenders (Act 301, 1855, p. 366).

[Police Jury to Regulate Police of Jails.]

2834. The police juries in each and every parish of this State, and the Common Council of New Orleans, shall have power to pass such by-laws and regulations as they may deem

R. S. 2835-2839

expedient for the police and good government of the jails and public prisons in their parishes respectively (Act 1816, Sec. 1, p. 24).

[Physician for Jail.]

2835. A physician shall be annually appointed by the police jury in each and every parish, who shall attend such prisoners as are at the charge of the State whenever they are sick. His salary shall be fixed by the police jury (Act 1817, Sec. 3, p. 206).

[Food of Prisoners.]

2836. The sheriffs, jailors, prison keepers and their deputies shall furnish to each and every prisoner the following per diem allowance of sound and wholesome provisions, to wit: One pound of beef, or three-quarters of a pound of pork; one pound of wheaten bread; one pound of potatoes or one gill of rice, and at the rate of four quarts of vinegar and two quarts of salt to every one hundred rations (Act, 1814, Sec. 2, 3, p. 38).

[Clothing of Prisoners.]

2837. In addition to the nourishment allowed by law to such prisoners as are confined for crimes and misdemeanors, they shall, at the beginning of the winter season, be allowed each one blanket capot, one shirt, one pair of woolen trowsers and one pair of coarse shoes, and a shirt and a pair of trowsers of coarse linen for summer; and twelve and a half cents per day shall further be allowed to the keeper of the jail for each and every prisoner who is sick, in order that the said sick prisoners may be taken care of as their situation may require (Act 1817, Sec. 3, p. 206).

2838. Compensation for keeping prisoners, superseded by Acts 53 and 73, E. S. 1877, printed under title "Sheriff."

[Transfer of Prisoners.]

2839. Whenever it shall be established to the satisfaction of any judge or justice of the peace, exercising jurisdiction in any parish of this State that the jail of the parish is unsafe or unfit for the security of prisoners, it shall be the duty of the judge or justice of the peace to issue his writ to the sheriff

R. S. 2840-2841

or other officer of the parish, commanding him to convey any prisoner whom he may have in custody to the nearest jail in any adjoining parish, in a safe condition, the prisoner there to remain until the jail of the first mentioned parish shall be repaired, until trial or until he may be discharged by due course of law; and it shall be the duty of the sheriff of the parish to which the prisoner shall be conveyed, to keep the said prisoner safe and secure, and subject to all judicial orders or decrees issuing from the parish from which the prisoner may have been sent, for which the said sheriff shall receive the same compensation as is allowed by law in other cases, to be paid by the parish from whence the prisoner was sent (Act 116, 1850, Sec. 1, p. 86).

[Fees of Sheriff for Conveying Prisoners.]

2840. Each sheriff for conveying a prisoner to any other parish, as contemplated by this act, shall be entitled to charge ten dollars for each prisoner, and the same rate of mileage now allowed for conveying prisoners to the State penitentiary, to be paid by the parish from which the said prisoners shall be removed (Act 116, 1850, Sec. 2, p. 86).

[United States Prisoners.]

2841. All the sheriffs, jailors, prison keepers and their deputies within the State, to whom any person shall be sent or committed by the marshal of the District of Louisiana, or his deputies, under the authority of the United States, whether on civil or criminal process, or upon any process or warrant which may be issued by the President of the United States, or those to whom he may delegate authority for any cause whatever under the law of the United States, shall be and they are hereby enjoined and required to receive such prisoners into custody, and keep the same safely, until they shall be discharged by due course of law; and all such sheriffs, jailors, prison keepers and their deputies, offending in the premises, shall be liable to the same pains and penalties, and the parties aggrieved shall be entitled to the same remedies against them or any of them, as if such prisoners had been committed to their custody by virtue of legal process issued under the authority of this State.