The Placer herald., 1863-10-17


take the oath as rendered him by the board or
judges he Shall be admitted to vote, and it shall
not be lawful after he has taken such oath of
affirmation. for said board to examine any wit
nesses touching his want of qualifications but ii
he shall refuse to take the oath of affirmation so
rendered to him, his vote shall be rejected
Sec. 81. If the vote OF any person be chaleng-
ed on the ground that he has been convicted of an
infamous crime, or DISTINGUISHED by any court Of
competent jurisdiction, he shall not be required
to answer any question respecting such alleged
convction ANA in the absence OF any aut utheuticate
records OF such tucts, it may be competent for
two disnterested witnesses upon oath to prove the
same.
Sec 32 When the polls are closed, proclama
ton thereof shall be made at the place of voting,
and no votes shall be afterwards received.
Sec. 80. AS soon rs the polls are closed on the
afternoon of the day OF the election, the judges
shall open the ballot-boX and commence counting
the votes, and in no case shall the ballot box be
removed from the room in which any election
may be held until all the ballots are counted;
the counting of ballots shall in all cases be pub
; lie. The ballots shall be taken out carefully one
by one. by the Inspector or of the Judges,
who shall open them, and read aloud the name of
each person contained therein, and the Office for
which every such person is voted for. Each clerk
shall write down each Office to be filed and the
name OF each person voted for, for such office and
shall keep the number OF votes by talles, rs they
arc read aloud by the Inspector or Judge. The
counting of votes shall be continued without
adjournment until all are counted,
See. "a. If two tickets are folded together
they shall both he rejected; and il more persons
are designated for any Office than to be elect
ed Tor such office, such part of the ticket shall
not be counted for any of them; but no ticket
shall be lost for want of FORM if the Board of
Judges can determine to their satisfaction the
person voted for and the Office intended.
Sec. 50. As soon as all the votes are read off
and counted, certificate shall be drawn up on
each of the papers containing the poll list and
talies, or attached thereto, stating the number Of
votes each person voted for has received, and
designating the Office to fiji which he WAS voted
for. which number shall be written in words at
full length. Each certificate shall be signed by
the Clerks, Judges and Inspector. One OF said
certificates, with the poll list and tally paper to
which ii is attached, shall be retained by the In
spector. and preserved by him at least six months
The ballots shall be strung upon chord or thread
by the Inspector during the counting OF the bal
lots, in the order in which they are entered upon
the tally list by the Clerks, and said ballots to-
gether with the other of said certificates, with the
poll list and tally paper to which it is attached
shall be sealed up by the Inspector in the pres
ence Of the Judges and Clerks, and indorsed
ELECTION Returns and be directed and delivered
or sent by the Inspector to the County Clerk of
the county in which the election is held, and the
said ballots shall be kept for at least six months
by said Clerk; and If any person be of the opinion
that the vote of any precinct Shall not have been
correctly counted, he may appear on the day APP
pointed for the Board of Supervisors to open the
returns, and demand recount Of the vote Of said
precinct, and the Board of Supervisors shall pro-
ceed to recount the vote OF the precinct that is
claimed to have been incorre lily counted.
Sec. SO. The said package shall be delivered
to the County Clerk by one of the Judges or
Clerk of the election in person. or may be sent
10y private hand or by mail If sent by private
hand, the person delivering it shall, before the
County Clerk take and subscribe an affidavit that
the package was delivered to him by one OF the
Judges (naming him,) that it has not been out of
his possession since it WAS received. and has un-
dergone no alteration while in his possession
The affidavit shall be endorsed on the package.
If sent by mail, it shall be mailed by one of the
Judges, aud the postmaster shall make on it an
endorsement tn he received it from one of the
Judges (namng him.
See l04 If any Inspector, Judge, or Clerk
of an election shall, previous to putting the bal
lot of any elector in the ballot-box. attempt to
pry into or find out any name or names on such
ballot which shall have been handed in by said
elcctor in a folded form if any Inspector,
Judge or clerk OF any election shall open, or sut-
fer the folded ballot Of any elector which has
been handed in to the Board OF Judges. to be
opened or examined into previous to putting the
same into the ballot box, or if any Inspector,
Judge or clerk of an election shall make place
any mark or device on any folded ballot which
has been handed in to the Board OF Judges by
Uny eector with the view to ascertain the name
OF any person or persons for whom such electOr
shall have voted at any such election, or if any
Inspector. Judge or clerk Of an election, without
the consent OF the elector. shall disclose the
| of any person or persons which such Inspector,
Judge or clerk shall have iraudulcntly or Illegal
| ly discovered to have been voted for by such cleo
tor at any election, every such Inspector, Judge
| clerk lt "A plpciIOn off u(juU pOuVic-
tiOn thereof shall be fined in any not less than
! fifty nor more than five hundred dollars Every
person who shall forge or counterfeit returns Of
an election purporting to have been held at a pre-
cinct town or ward, where no election was in
| fact held or shall wilully substitute forged or
counterfeit returns of election in the place of the
true returns, for precinct. town or ward, where
an election was actually held, shall upon convc-
ton, be punished by imprisonment in the State
Prison for term not less than two years, and not
more than ten years. Every person who shall
wilfully add to subtract from the votes actual
ly cast at election, in any returns of such cleo
ton. whether such person be an officer OF such an
election or not, every officer Of elections who
shall wilfully make false and fraudulent returns,
| in any manner Whatever, OF an election held in
! any precinct, town or ward and any person
whomsoever, whether officer or not, to whom or
through whom any such returns are required by
law to be made, whether such person be County
| Clerk, Messenger Secretary OF State, or other
person. who shall alter such election returns
shall, upon conviction, be punished by imprson-
menl in the State Prison for term not less than
one nor more than five years.
Every person who shall aid or abet in the com
mission OF the offences mentioned in this sectlon
or who, being present at or cognizant OF the com
mission Of either of the ofenses, and shall not
| give information thereof as soon as practicable
to the District Attorney, or Grand Jury OF the
proper county, SHALL for every such ofense, be
punished upon conviction thereof, by imprison-
ment in the County Jail fer the period of six
months or in the State Prison for term OF not
more than two years.
The attention OF Inspectors and Judges is call
ed to an Act to amend an act to regulate elections
pissed March 3d. l855, on page 100 OF the Stat
utes of 1855.
The Dayton (Ohio) Empire, whose editor
was murdered and itself suppressed by the