Year: 1868

- A,F - II c-tH
OHIO, FRIDAY,
to the parentage OF the person cbal.
lenged and no evidence of reputation
as to the parentage shall be received,


unless the parties about whom such
reputation exists are proved to have


been married.


| SEC. 5. If the party challenged,
or any person interrogated as afore,
said in his behalf, shall refuse to an
swer- fully any question as herein
prescribed, the judges shall reject the
vote, and if The judges shall be salts.
fed from the statements of all the
lpersons examined and the evidence
adduced, that the person offering to
vote is a "white male citizen of the
United States" before receiving his
ballot, thev shall tender, him the fol
flowing oath or affirmation:


Youdo solemnly swear (or affirm)
that to the best of your knowledge
and belief, you are a white male cit.
izen of the United States, and know
the fact to be so from knowledge of
both your parents and your pedigree;
and II the. judges shall then receive
said vote, the words "challenaed on
the ground of visible admixture of
African blood" shall be entered on
the poll book opposite said voters
name.


SEC. g.. That any person who, on
oath or affirmation, shall procure the
right to vote for himself or any other
person, by willfully and eorruptly de-
posing, declaring or affirming any
matter to be a fact knowing the same
to be false, or shall in like manner
deny any matter to be fact knowing
the same to be true, shall be deemed
guilty of perjury. and, on conviction
thereof, shall be imprisoned in the
Penitentlary and kept at hard labor
not more than ten years nor less than
three years.


SEo. Z. Any Judge OF election re-
ceiving the vote or sanctioning the
reception of the same, from any per-
son having DISTINCT snd visible ad-
miXtG, OF African blood, contrary to
the provisions of this act, shall, on
conviction thereof, be imprisoned in
the county Jail not more than six
months nor less than one month, and
shall also be liable to civil action for
q penalty in the sum of five hundred
dollars, which may be brought against
him by any elector Of the county or
district IN which the vote was re.
ceived, in the Court of Common
Pleas of any county in the State where
process can he served; provided,
there shall be but one recovery for
each violation of this act, and fail
ure to prosecute or convict shall not
in any manner affect the right to pro
ceed for the recovery OF such penal
ty. s s=n


SEB. s. That any peraon aiding,
abettlng or eounselling any Judge of
ap election to receive vote, or aid
ing, abctting or counselling any per-
son to offer his vote in violation Of
the provisions of this act. or any per-
son in any manner impeding the chal-
ienging OF persons as herein provia-
ed, shall, on conviction thereof, be
imprisoned in the county Jail not
more than SIX months nor less than
one month. and ehali- also he aiahie
to n civil action for . penalty in the
sHm of one hundred dollars, which
may be brought against him by any
elector in the county or district in
which the vote was received, In the
court of common pleas Of any coun-
ty where process can be served upon
him; provided, there shall be but one
recovery for each violation of this
act, and failure to prosecute or con.
vict shall not in any manner affect
the right to proceed for the recovery
Of such penalty.


SEC. 9. Any judge of election
sued for rejecting the vote Of any
person having a visible adnixture
OF African blood. may change the
venue to any county he may elect in
the judicial district in which he re-
sides, on making an affidavit that,
according to the best of his belief,
justice requires such change should
be made.


SIC. 10. In all suits brought
against any Judge of the election for
rejecting the vote of any person hay
ing a distinct and visible admixture
of African blood, the party bringing
the action shall be required by the
court, on trial, before he shall be en-
titled to recover, to establish that he
is q white male citizen of The United
States, in the same manner. and by
the same evidence, both as to the
kind of testimony and number OF
Icorroborating witnesses, as prescrib-
ed by the provisions of this act in
the case of challenge, and no evil
dence shall be received as to the ad
mixture of white, based on the Opin
ion of witnesses, founded on person.
al appearance, unconnected with q
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 reputa-
tion of parentage, unless the. mar
riage of the parties is first proved,
in reference to whom such reputation
exists, or that they lived together as
man and wife and were recognized as
such, and no recovery shall be had in
such action unless the jury are salts
fed from the evidence that the judge
of the election, in rejecting such
vote, acted corruptly or in bad faith !;
and the court shall so instruct the ju-
nv, and where instruction is omitted
or refused, the defendant shall be en-
titled to 8 new trial.


| Sec. IL. Any candidate for Office
at any election may, on making an
affidavit before justice Of the peace
or notary public, that he believes it