||107 th& Secretary of the Territory shall, in the presence of the Governor, cast up the votes given in the several counties in this Territory for Territorial officers, and shall give to those having the highest number of votes, certificates of their election, under his own hand, with the seal of the Territory affixed thereto. Sec. 17. Should any two or more candidates have anin case of a tie equal number of votes, the Secretary of the Territory,^csrt°£8ha11 with the assistance of the clerk of the Supreme Court, and if he be absent, any person whom the Governor may appoint, shall cast lots in the presence of the Governor, to decide which of the candidates shall fill the office. Sec. 18. When the election of any county or precinct., m • -11^ ¦¦¦. V* * » >i_ i ii I Contested elec--- officer is contested by two or more candidates, it shall beuons decided the duty of the Select men to decide between them; andby Select men-give him, in whose favor they decide, a certificate of his election. Sec. 19. When a vacancy in any county office shall?Pecial elec occur, and a special election shall become necessary, the Judge of Probate shall issue a writ of election, to be directed to the Sheriff, and the Sheriff shall, ten days pre-Sheriff8hall vious to the election, put up advertisements at three of thei**1 UP notices most public places in each precinct in his county, stating the time and place of holding such election, unless otherwise directed in the writ of election. Sec. 20. If any Judge or clerk of any election, orJudge or other any officer acting in any wise pertaining thereto, after they^c%°^gCt"0 have undertaken to perform the duties pointed out in thisserve. law, fail so to do, (unless prevented by sickness, inability, or unavoidable circumstances,) he shall be subject to a fine not exceeding ^ve hundred dollars, at the discretionPenalty* of the Court having jurisdiction. Sec. 21. All Territorial, county, or precinct offices that have been or may be hereafter created, until the gen-®°™™?*gtotin eral election law of the Territory takes effect and not otherwise provided for by law, shall be filled by executive appointment. Sec. 22. All free white male citizens of the TerritoryWhQ ^& of Utah of the age of twenty-one years shall be consid-fUi voters.. * ered legal voters: Provided, That nothing in this act shallproviso.