The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1868-04-30

PlVSSuN w WV iSev'NiJ VI nHNh PNH
atty.
SIC. 8. That any person aiding,
aboting or counsoling any judge of
an election receive vote, or aiding,
abeting or oounseling any person TO
offer his vote 10 violation Of the pro.
visions Of this act, or any person In
any manner impeding the challen'
giDg ofporsons as herein provided,
shall on conviction thereof, be impris.
oned 10 the county Jail not more than
six months nor less than ono month,
and shall also be liable to a civil ac-
ton for penalty in the sum Of one
hundred dollars, which may be
brought against him by any elector
in the county or district ia which the
vote was received, in the Court of
Common Pleas Of any county where
process can be served upon aim; pro-
vided, there shall be but one rccov-
cry for each violation of this act, and
failure to convict shall not in any
manner infect the right TO proceed
for the recovery Of such penalty.
Sec. o. Any judge Of election
sued for rejecting the vote Of any
person having Visible admixturc OF
African blood, may change the venue
/ to any county ho may elect in the
Judicial District in which he resides,
on makius affidavit that, according
to the best Of his Belief justice re-
quires such change should be made.
SIC. TO- In all the suits brought
against any Judge ofthe election for
rejecting the vote of any person hav.
ing a distinct visible admixture Of
African blood, the party bringing
tho action shall be required By the
Court, on trial, before he shall be
entitled to recover, to establish that
he is white male citizen Of the Uni
ted States, in the same manner and
by the same evidence, both as to the
kind of testimony and numb CT
Of corroboratiug witnesses, as pro.
scribed in the provisions of this act
in case Of challenge, and no evidence
shall be received as to the admixture
Of white blood, based on the opinion
of witnesses, founded on personal
appearance, uncounected with full
statement Of the facts as to the par.
entage and pedigree of the party
bringing the action, nor shall any
proof be received as TO tho reputation
Of parentage, unless the marriage Of
the parties is first proved, in refer
ance to whom such reputation exists,
or that they lived together as m an
aud wife and recognized as such, and
no recovery shall be had in such ac-
ton unless the jury are satisfied from
the evidence that the judge of the
election, in rejecting such vote, acted
corruptly or in bad faith; and the
court shall instruct the jury, and
where said instruction is omitted OF
refused, the defendant shall be onti
tied to new trial.
SEC. IL. Any candidate for Office
at any election may, on making AT
affidavit before justice of the peace
or notary public, that he believes i
necessary to the enforcement of th,
provisions Of this act, call on tn,
sheriff Of the proper county, and OF
preseutiug him such affidavit, re-
quiro him to furnish sufficient posse
to be puid as in other cases, to pro
tect any poll where there is a proba-
bility that tho challenging under tn
provisions Of this act will be impeded
and its other requirements disregard
ed; and any sheriff refusing to furnisl
said posse and to protect said pol
from all violence aud interference b
any person or persons whatsoeve
shall on conviction thereof, be i'm
prisoncd in the county Jail not ex
ceoding thirty days nor less than tel
days, aud shall also be liable to a ciyi
action by any elector for a penalty o
; one hundred dollars, which may b
brought against him in the Court O
Common Pleas of any county wher
processes may be served upon hiu
provided thcro shall be but one re
covcry for every such violation a
aforesaid
SEC, IL. No challenge under tn
} provisions of this act shall be regard
= ed by the judges of the election whc
the person challenged has no visibl
; admixturc of African blood, and au
person challenging an elector in ba
faith, or when there is no probabl
: oauao for such ohalleuge on accouu
of visible admixture Of African bloc,
shall, on conviction thereof, be i'm
|, prisoncd in the county Jail, not NOR
= than six months nor less than on
o month, and shall also be liable 90
civil action for penalty, in the SUI
c of $500, which action may be brougt
j. against him by the person SO chal
$ lengod in any Court where proce,
|, can be served upon him.
q SIC, 10, All prosecutions undC
d provisions of this act shall be by inli
/, ment before the Court of Commo
g Pleas nj the county whero the often,
was eommilted and all penalties recC
, cred under this act shall be paid OF
e halfto the party in whose name IL
= suit is BROUGHT, aud the other half
" the County Treasury when the su
u is determined, for the benefit Of Il
o. common school fund.
e SEo. IL. This act shall be Civ,
n specially in charge of the Grand Jl
u ry at each term Of the Court of Con
n mon Pleas by the presiding JudI
S thereof, aud shall take effect and
in force from and after its passage,
e End of the Gettysburg Lottery
=. M 49, L ...--.- -