Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27

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duty; or who, either in or out of the State,
shall, by the use or promise of money
or other valuable thing influence or at
tempt to influence any person to be regis
tered or abstain from being registered.
or who, being an officer of election or reg
istration officer, shall knowingly and will
fully violate his official duty; or who shall
by force, threat, menace or intimidation,
prevent or hinder, or attempt to prevent
or hinder, any person qualified for regis
tration from being registered or any per-
son qualified to vote from voting accord
ing to his choice at any such general, spec
ial or municipal election, shall be deemed
guilty of misdemeanor, and shall be
fined not less than one hundred dollars nor
more than five thousand dollars, or shall
be imprisoned for term not less than one
month nor more than three years, or shall
suffer both fine and Imprisonment within
said limits, at the discretion of the court;
and If male, shall further for a term of
ten years next following his sentence be
incapable of voting at any such general,
special, municipal or primary election or
convention or meeting. But the penalty
Of disfranchisement shall not apply to any
person making or being a party to any bet
or wager depending upon the result of
any such general, special, municipal or
primary election or convention or meeting.
Every person charged with the commits
sion, while out of the State, Of any of the
offences enumerated in this section, and
by this section made punishable, whether
committed in or out of the State, may
he prosecuted under Section 8 of this ,Arti-
Gle. in any county in which he shall be AR
rested on such charge. No person, other
than the accused, shall, in the prosecution
for any offense mentioned in this section,
be permitted to withhold his testimony
on the ground that it may eliminate him
self or subject him to public infamy; but
such testimony shall not afterwards he
used against him in any judicial proceed
ing, except for perjury in giving such tes-
timony.
Section s. Every prosecution for any
of the offenses mentioned in Section Z of
this Article shall be on information filed
by the Attorney General, after examina-
ton and commitment or holding to bail
by judge or Justice of the Peace, and
the cause shall be heard, tried and deter
mined by the court without the interview
ton of either a grand jury or petit jury.
The accused, if adiudged guilty of the of
Tense charged against him, shall have the
right at any time within the space of three
calendar months next after sentence is
pronounced to an appeal to the Supreme
Court. The court below, or any judge
thereof, in term time or vacation, shall
upon application by the accused allow
such appeal; but such appeal shall not
operate as a supersedeas unless the APP
pellant shall at the time of the allowance
thereof give an appeal bond to the State
of Delaware in such amount and with
such surety as shall be approved by such
court or judge. On such appeal the Su-
preme Court shall, with all convenient
speed, review the evidence adduced in the
cause in the court below, as well MS the
other proceedings therein, and the law
applicable thereto, and give final judg-
ment accordingly, either affirming or re-
yersing the Judgment below. If the APP
pelant shall fail to prosecute his appeal
pursuant to the rules and practice herein
after provided for, the Supreme Court
shall affirm the judgment of the court be-
low. Where the sentence in the court be-
low Includes term of imprisonment and
an appeal bond is given and approved in
manner aforesaid, the Supreme Court, If
1t affirm the Judgment below, shall SEN
tence the appellant to term Of imprison-
ment equal to that imposed by the court
below, after deducting therefrom period
equal to the time of Imprisonment, if
any, already suffered by him under the
sentence of the court below. The surety
or sureties in any appeal bond given un-
der the provisions of this section shall
have the right mt any time after its APP
proval and until final judgment shall be
rendered by the Supreme Court, and, in
case the judgment of the court below shall
be affirmed, until the expiration Of the
space of thirty days next following such
affirmance, to take, wherever found, and
render the appellant to the sheriff of the
county in which he was sentenced; and
a certified copy of the appeal bond shall be
the sufficient warrant for such surety or
sureties for such taking and rendering.
If the Supreme Court shall reverse any
judgment of the court below imposing
fine, and if the accused shall have fully
paid such fine and the costs of prosecution,
the amount thereof shall be refunded to
the appellant through warrant drawn by
the court below on the treasurer of the
country in which the accused was sem
fenced. All the judges entitled to sit in
the Supreme Court shall as soon as CON,
veniently may be, meet at the usual place
of sitting of said court, and they, or q
majority of them, shall adopt rules pre-
scribing the forms and conditions of an
peal bonds TO be used under the provisions
of this section, and the manner of certify
ing copies thereof, providing for the print
ing or reduction to writing of all oral evil
dcnce in the cause in me court below and
of the opinion of said court, for the certi-
tication of the same when so printed or re-
duced to writing, and of copies thereof:
for the copying and certitcation of all
documentary or other written or printed
evidence in the cause in the court below
and of the record therein; for the trans
mission to the Supreme Court of such GER
titled copies of such record. and of all the
evidence adduccd in the court below and
of the opinion of. said court; for the trans
mission to the court below of a certified
copy of the final Judgment of the Supreme
Court and of any additional sentence pro-
nounced by said court, for the discharge of
sureties in appeal bonds. and for the franz
ing, issuance, service and enforcement of
all process and rules necessary to give
full effect to the provisions of this section;
and regulating generally the practice and
procedure of the Supreme Court and the
court below in cases of appeal under this
section. The said Judges, or u majority
of them, met as aforesaid. may also pro-
vide that when complaint shall be made
in due form, prescribed by them, to any
judge entitled to sit in the supreme Court.
that any offense' mentioned in Section Z
of this Article has been committed in the