Year: 1868




in the State where process can Be ssrv


ed; provided, there shall be but on


recovery for each violation of this act


and failure to prosecute or eOnvie


shall not in any manner affect thu


right to- proceed for the recovery o
sCtei1- penalty -93 egs alsas -GFaH7


Sec g. That any psrsoti aiding
abetting or cOunseling any Judge Of al


election to r6eeiVea vote, or aiding
abettinga Or couHseling saily person t.
| offer his vote in violation of the pro


visions of this act, or any person il
any manner impeding tie challenging
Of PERSONS as herein provided, shall
on conviction thereof, be inIprfsonet
in the county Jail not more than six
months nor less than one month"; and
shall also be liable to a civil action fol
q penalty in the sum of one hundred
dollars, which may be brought against
him by any elector in the county OF
district in which the vote was receiv-
ed, in the Court of Common Pleas Of
any county where process can be serv-
ed upon him; provided, there shall
be but one recovery for each violation
Of this act, and a failure to prosecute
or convict shall not in any manner af,
feet the right to proceed for the recoy-
cry Of such penalty.


SEC. 9. Any judge Of election sued
for rejecting the vote of any person
havinga visible admixture Of African
blood, may change the venue to any
county hemay elect in the judicial
district in which he resides, OF making
an affidavit that according to the best
of his belief, Justice requires such a
change should be made.


Sec. 10. Inall suits brought against
any Judge Of the election for rejecting
the vote ofany person having a dis
tinct and 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 white male
citizen of the United States, in the
same manner and by the same evil
dence, both as to the kind of testfrno-
ny and number of corrobOrating Wit
nesses, as prescribed by 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, mconnected with
a fulEstatement 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 pare1tage, unless the marriage 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 ae-,
ton unless the jury. are satisfied from
the evidence that the Judge of the eIee-
ton, in rejecting such vote, acted cor
ruptly or in bad faith; and the Court
shall so instruct the jury, and when
said instruction is omitted or refused.
the defendant shall be entitled to
new trial.





SEC. II. Any candidate for Office at
any election may, on making an affi-
davit before a justice of the peace OF
notary public, that he believes it nee
essary TO the enforcement of the pro-
visions of this act, call on the sheriff of
the proper county, and on presenting
him such affidavit, require him to
furnish a sufficient posse, to be paid
as in other cases, to protect any poll
where there is a probability that the
challenging under the provisions of
this act will be impeded, and its other
requirements -disregarded and any
sheriff refusing to furnish said posse
and to protect said poll from all viO-
lence and interference by any persons
shall, on conviction there
Of, be imprisoned in the county Jail
not exceeding thirty day, nor less than
ten days, and shall be liable to a civil
action by any electOr for a penalty of
one hundred dollars, which may be
brought against him in the Court of
Common Pleas of any county where
process may be served upon him, pro-
vided there shall be but one recovery
for every such violation as aforesaid.


SEC. y. No challenge under the
of this act shall be regarded
BY the judges Of the election when the
person challenged has no visible admix
-ure OF African blood, and any persons,
challenging an electUr in bad faith, or
when there is no probable cause for
such challenge on account Of visible
ldmiXture Of African blood, shall, 0Hl
thereof, be Imprisoned in
The county Jail, not more than six
and shall also be liable to a
,iviI action for a penalty, in the sunni
1fS500y which action may be II rlught
against him by the person so cIalleng-
I'd in any Court where the PROCESS can
be served upon him.


SEC. 13. All prosecutions under thet
provisions of this act shall be by in
lictment before the Court of Common
Pleas in the county where the offence
vas committed and all penalties re-
covered under this act shall be paid |
the party in whose name
he suit is brought, and the other half
ntO the County Treasury when the
uit is determined, for the benefit of
he common school fund.


SEC. IA. This act shall be givenl
pecialIy in charge to the Grand Jury
It each term of the Court of Common |
Pleas by the presiding Judge thewof, |
md shall take effect and be in force
rom and after its passage.


Mayor Wilstach, of Cincinnati, in
lis smessage 10 the City Council last
week says: ''I am justified in saying
hat our city is now more free from
gamblers than ever before, and I am
to relax no efforts to keep
So"


What with Greek fire at the doors
# Buckingham Palace, Prince Alfred
With a bullet in his back, barrel of