Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-05-22

any person interrogated as Aforesaid q
/ nis behalf, shall refuse to answer fnI1
any question as herein pres SFib bed, thl
Judges shall reject the vote, and il th
Judges shall be satisfied from the state
nent Of all persons examined and tn
1 evidence adduced, that the person offer
4 ing to vote is a 'tgyhite male citizen o
/ the United States - before receiving hi
l ballot, they shall tender him the follow
/ ing oath of affirmation:
/ You do soIemnly swear (0r affirm
1 that 70 the best OF your know ledge anC
! belief, you are a white male citizen o
/ the United States, and know the fact Il
I he 50 from q knowledge Of both you
parents and YOUR pedigree. and If tbs
Judges shall then receive said vote, tht
words, challenged on the ground o
I visible admixture of African blOtld, ?
/ shall be entered on the poll book oEipo-
site said voters name.
SEC. 6. That any person who, on data
or affirmation, shall procure the rEhi
20 vote for himself or any other perton.
by wilifuily and eOrrupily dep0sinE
declaring or affirming any matter 10 be
q fact, knowing the sane TO be untrue,
shall be deemed guilty Of perjury, and,
On conviction thereof, shall be impris-
Oned 10 the Penitentiary and kept as
hard labor net more than ten years nor
sEo. 4. Any fades5F election rect,iv-
ing the VGte or GaIle6 lolilaa GEe reCep-
gi6n 0g the same, fs8nl any person haV-
ing a distinct and visible admiZturs OF
African blood contrary to the prOFi
ions Of this act, shall on conviction
hereof, be Imprisoned in the COuDty
Jail not more than six months nor less
than one month, ana shall also be LA
bic to q civil action for penalty in the
sum of ave hIIh6 red dollars, which nlay
Be hr1uRhE against htm 6Y RmW eietfpT
nf the county or district IN which the
vote was received, In the Court Of Com-
mon Pleas ia. any county in the State
where process can be served provided,
5hPre shall be but one recovery for each
violation Of this act, and a failure tO
prosecute or convict shall not in any
'uauRer attest the right 20 proceed for
Che reGOvery of such penalty,
SEC. 8. That any person aiding.
abetting or cOunsrling any judge of an
election TO receive a vote, or aiding
abetting or counseling any person to
3ffer his vote in violation Of the prOVis-
IONS Of this act, or any persO in any
manner impeding the challenging
persons as herein provided, shall on
conviction thereof, be impri soned ia
he county Jail not more than six
months nor less than one month, sind
shall also be liable to a civil action for
lenalty in the sum of one hund red
dollars, which may be brought against
him by any electOr in the county or
district in which the vote was received.
n the Court of Common Pleas of any
county where process can be served
spOn him provided, there shall be but
one recovery for each violation of this
act, and failure to convict shall not in
any manner affect the right to proceed
for the recovery of such penalty.
SEC. 8. Any judge Of election sued
for rejecting the vote Of any person
having a visible admiXture of African
blood, may change the venue TO any
county he may elect in the Judicial
District in which he resides, on MAX
ng affidavit that, according TO the best
of his belief, Justice requires such q
change should be made.
SEC. 10. In all the suits brought
against any judge of the election for re-
iecting the vote Of any person having
distinct visible admiXture Of African
blood, the party bringing the action
shall be required by the Court, on trial,
befOre he shall be entitled to recover,
to establish that he is a white male ciii-
zen Of the United States, in the same
manner and by the same evidence,
both as to the kind Of testimony and
number of corrobUrating witnesses, s!s
prescribed in the provisions OF this acI
n case Of challenge, ana no evidence
shall be received as to the admiXture of /
white blOed, based on personal appear
4nCe, uncOnuPcted with a full state
ment Of the facts as to the pareutagP
Of the party bringing the action, nor /
shall any proof be received as to the
eputatiOn Of parentags, unless the mar
riage Of the parties is first proved, In I
reference to whom such reputation e1-
@ts, or that they lived together as man /
aud wife and are recognized as such and /
no recovery shall he had ia such action /
unless the jury are satisfied from thr I
4vidence that the Judge Of the election, 4
HHH
II in bad faith and the court shall in |
ltruct the jury, and where said insGruc- /
ion is omitted or refused the defendant /
hail be entitled to q new trial.
SEC. II. Any candidate for office at /
suy election may, on making an afida /
yiG before a justice of the pence or nota-
y public, that he believes II necessary t. /
he enforcement of the provisions of 1
his act, call on the sheriff of the proper |
county, aud on presenting him such 4
require him to furnish sufd 4
.ient posse, to be paid as in other Cases.
o protect any poll where there is a
that the challenging under 4
he provisions Of this act will be impe-
led, and its other requirements disre-
.arded and any sheriff refusing To
urnish said posse and TO protect said
Doll from all violence and interference
y any person or persons WhatsoeYel
nall ON conviction thereof, be tmpTis /
med in the county Jail not exceedin2
hirty days nor less than ten days, and
nail also be liable to a civil actiOu by
nv electOT for a penalty of one hum
red dollars, which may be brOugh'
gainst him in the Court of Common
'leas of any county where process
8 may be served upon him provided
here shall be but one recovery for every /
uch violation as aforesaid.
SEC. II. No challenge under the pro-
isiuns Of this act shall be REGARDED by /
he Judges of the election when the per-
on challenged has no visible admix
ure of African blood, and any person
hallenging an elector in bad faith, or
7hen there is no probable cause for
uch challenge on account Of visible
dmiXture Of African blood shall, on
ouVictiOn thereof, be imprisoned in
be county jail, not more than six
1Onths nor less than one month, and
hail also be liable to a civil action for
penalty, in che sum of $500, which &C
ion may be brought against him by |
be person 81 challenged in any Court !
7here process can be served upon him.
SEC. Is. All prosecutions under pro-
isiOns Of this act shall be by indictment
efOrs the Court Of Common Pleas in
be county where the offence was COM
litted, and all penalties recovered un-
er this act shall be paid, one half t..
he party in whose name the suit j. /
and the other halt, TO the Coun-
2 Treasury when the suit is determln-
d, for the benefit of the common school :
md.
SEC. IA. This act shall be given spec
lily in charge of the Grand Jury at
8cb term of the Court of Common
leas by the presiding Judge thereof,
nd shall take effect and be in force
ON and after its passage.