Delaware State journal and statesman., 1864-11-08

AN ACT FURTHER TO PROTECT THE FREE
EXERCISE OF THE ELECTIVE FRAN
TtIICn

A~AhhtStoA4 vi luz LLNAOIlNG FhhN-
CHlSE.
Whereas the enjoyment Of civil liberty is of
the most vital Importance 20 any people claiming
to be free: And WhsFsss no such enjoyment utn
he had without the free aud utIammelled eXrt
else Of tue right to vote, which right should lu
protected, not only by penal sanctions, hot Nv
the creation aud use OF civil remedies therefore
Sec. L. Be il enacted By the Senate aud Illus.
of Representatives ofM Slate of DeiJwars in Gen.
erat Asssmbiy met, That if any person who is n
duly qualified eectOr of this State, according to
the Constitution and Laws thereof shall herenf
ter be prevented from voting, or Obstrueted in
his effort to vote at any election, by reason of
any interference by any person or persons, or
military power, or other power, exerciaing, or
attempting to exercise force, intimidation, or
threats. or requiring any qualifications or con-
ditions unknown to such Constitution and Laws.
be shall be deemed aud taken to have suffered
private damage aud injury, aud shall have civil
remedy therefor, in the Courts of this State, by
action Of trespass, or the case according to
the nature of the interference, against nll and
every person or persons who promote such inter.
ference, whether by active participation, or by
advising, cOunselling, or in uny wise encouraging
the same and in any trial under this act. the
jury, IT, in their opinion the circumstances will
warrant II, may give exemplary damages
SEQ. 2. And be Il further enacted. That it shall
be the duty of every citizen of this State who
has knowledge of any design on the part of any
other citizen or citizens Of this State to promote
interference with elections, either by soliciting
or advising the presence Of military force at
or near the place or places of holding such cleo
tions, or by the employment of any other organ
lied or unorganized body OF men, or by intimi-
dalton, or threats, forthwith to make public dis
closure of such knowledge stating names, BY an
affidavit to be male before any One Of ths Judg.
es OF this State, and file the same in the Office of
the CLERK of the Peace of the County where the
Judge resides, and if any such oiliz 10, having
such knowledge, shall fail to make such affidavit
aud cause the same to be filed as aforesnid he
shall be treated as n promoter of the int srfer
ence mentioned in the first section Of this act,
and be liable as is.therein provided.
Rec. 3. Andb il further 0ndcted, That the lin
| iiation OF actions commenced under this act shal
be ten years from the time of the accruing of
the cause of action.
Sec, a. And be ii further eaqcteI, That the Sec
retary of State shall Immediately cause a copy
of this act, duly certified to be published in
all the newspapers Of the State; such publication
to continue for one month.
Passed at Dover, October 29, 1864.
STATE OF DELAWARE,
EXECUTIVE DEPARTMENT. {
!, Samuel NJ. Harrington, Jr., Secretary of
State OF delaware do hereby certify that the fore.
geing is correct copy of an Act of the General
Assembly entitled, can Act further to protect
the free exercise Of the Election Franchise /"
passedsat Dover, October 28, 1864.
-, In testimony whereof, have hereunto
| r. aet my hand aud seal Of Office at Dover
this Fourth day of November, A. d.
w. eighteen hundred and sixty four
Nov q I m