Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1868-04-16

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violation Of this act, and a failure to pros
ecute or convict shall not in any name
affect the right TO proceed for the recovery
Of such penalty.
SEC. 8. Any Judge Of election sued fol
rejecting the vote Of any person having I
visible admixture Of African blood, may
change the venue TO any county he may
elect in the Judicial District in which h'
resides, on making an affidavit that, ac
leording TO the best OF his belief, justice
requires such a change should be made.
SEC. 10. In all suits brought against
any judge of The election for rejecting the
vote Of any person having distinct and
visible admixture of African blood, the
party bringing The action call be required
by the court, on trial, before he shall be
entitled to recover, to establish that he is
white male citizen Of the United States
in the same manner, and by the same evil
dence, both As to the kind Of testimony
and number of corrOborating witnesses as
prescribed by the provisions Of this act in
ease Of challenge, and no evidence shall
be received rs to the admixture Of white
blood. based on the opinion Of witnesses,
founded on personal appearance, uncOn-
nected with full statement of the facts
as to the parentage and pedigree Of the
party bringing the action, nor shall any
proof be received as to the reputation Of
parentage, unless the marriage Of the par
ties is first proved, in reference to whom
such reputation exists, and no recovery
shall be had in such action 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 80 instruct the jury, and
where said instruction is omitted OF re-
fused, the defendant shall be entitled TO a
new trial,
SEo IL. Any candidate for Office at any
election may, on making an affidavit before
ajustiee Of the peace or a notary public,
that he believes it necessary to the enforce
mept of the provisions of this act, call
on the sheriff Of the proper county, and on
presenting him such affidavit, require
him to furnish sufficient posse, to be
paid as in other cases. to protect any poll
where there is probability that the chal-
leBging under the provisions of this act
will be impeded, and its other require
ments disregarded; and any sheriff refu-
sing to furnish said posse and to protect
said poll from all violence and interfer-
ence by any person or persons whatsoever,
shall. on conviction thereof, be impris-
oned in the county jail not exceeding
thirty days nor less than ten days, and
also be liable to a civil action by any cleo
tor for penalty Of one hundred dollars,
which ma y be brought against him in the
court Of common pleas ofAny county where
process may be served upon him; provided,
there shall be but one recovery for every
such violation as aforesaid.
SEC. l2. Nc challenge under the provi-
sions of this act shall be regarded by the
Judges of the election when the person
challenged has no visible admixture of
African blood, and any person ehalleng.
ing an elector in bad faith, or when there
is no probable cause for such challenge
on account of a visible admixture of Afri-
IAN blood, shall on conviction thereof, be
Imprisoned in the county Jail not more
han six months nor less than one month,
md shall also be liable to a eiEil.Gption !,
or a4pGnalty, in the sum of $500, which
ctioh may be brought against him by the
,erson SO challenged in any court where
he process can be served upon him.
SIC. l3. All prosecutions under the
of this act shall be by indict-
nent before the Court of Common Pleas
n the county where the offense was COM
nitted.
SEC. H. This act shall be given spe-
tally in charge of the grand jury at each
erm of the Court of Common Pleas by
he presiding Judge thereof, and shall
AXE effect and be in force from and after
is passage.