Year: 1866

such election receiving such unlawful ballot
or ballots


SEC. 5. That ii shall be the duty of the
Adjutant General of this Commonwealth to
procure, from the proper officers Of the Uni.
ted States. certified copies of all rolls aD6,
records, containing official evidence of the
act of the desertion of al persons who were
citizens of this Commonwealth, and who
were deprived Of citizenship. and disouali-
fed by the said act Of Congress Of March
third, one thousand eight hundred and sixty
five, and to cause to be recorded and pre-
served, in books TO be provided and kept for
that purpose, in his Office, full and complete
exemplihcations Of such rolls and records,
and to cause true copies to be made thereof,
and furnished to the clerks of the several
courts of quarter sessions of this Common
wealth, accurate duplicates or exemplifica-
tons Of such roll and records embracing
the names of all such disqualified persons as
had their residence within the limits of said
counties respectively, at the time of their
being marked or designated as deserters
and it shall be the duty of the clerks Of the
several courts of quarter sessions of this
Commonwealth to preserve in books to be
kept for the purpose, all such copies and ex-
emplihcations Of such rolls and records so
furnished, and to allow access thereto, and
furnish certified copies therefeem, on request
In like manner as in the case of other records
Of such courts.


SEC. 6. That a certified copy or extract of
any such record, from the clerk of a court
Of quarter sessions of this Commonwealth,
shall be prima facie evidence, before any
election board, of the fact Of desertion and
consequent disability and disqualification as
an elector: Pfouded, That if any person
shall wllfully use or present any false, fraud
ulent or forged paper, purporting to be
certified copy or extract as aforesaid, he
shall be deemed guilty Of misdemeanor,
and, on conviction thereof, shall be punished
in like manner as is now provided in the
second section Of this act And pr0Uided,
hoDeUey, That if, by the production of a
certificate of his honorable discharge, it
shall appear that such person, SO offering to
vote, was in the military service of the Uni
ted States before and at the time of his be-
ing drafted into such service, and thereupon
failing to report, or in case of the fact Of
desertion appearing, by certified copy OF his
company roll, if it shall appear that he was
afterwards acquitted thereof and honorably
discharged, such proof shall be received as
evidence to disprove his said Disqualified
ton: Ind provided further, That if any
person liable to be objected to as disqualified
as aforesaid shall produce, before any board
Of election officers, any false or fraudulent
paper purporting or pretended to be his
honorable discharge from the United States
service, he shall be deemed guilty ofa forge
ry, and on conviction thereof, shalLbe pun
ished as persons are now by law punishable
for forgery.


SEC. 7. That it shall be the duty of the
judges and inspectors of elections hereafter
TO be held in this Commonwealth. whenever
the name of any person offering to them
ballot or ballots shall be found upon eerti
fed copy, or extract, furnished from said
rolls, or records, by a clerk Of court of
quarter sessions marked as a deserter or
whenever any person shall be objected to as
disqualified, as aforesaid, at any election, by
any qualified voter, at the request or sugges-
tioR of such person, so offering ballot, to
examine such person, on oath or affirmation
as to the fact appearing from suchcertifeate
or alleged against him by the elector so OBJ
jecting, and if he deny it, as to his reasons
therefor Pordlcd, hotcecer, That if any
of his answers under such examination are
false, such person shall be deemed guilty of
the crime of perjury, and upon conviction
thereof, he shall be punished, as persons are
now punishable by law. for perjury.


SEC. s. That it shall be the duty of the
sheritfs in the several counties Of this Com
monwealth. to insert in their proclamations
of elections hereafter to be held, the first
four setions of this act, with the preamble
thereof; and upon conviction of any viola
tion of the requirement of this section, any
sheriff shall be deemed guilty of a nisde-
meanor in Office, and shall be punished in
like manner as the offenses prohibited by
the second, third and fourth sections Of this
act are punishable


Sec. 9. That in the trial Of all cases aris-
ing under this act, it shall be the duty ofthe
courts trying the same to inquire into and
determine any question of fact, as to alleged
desertion involved therein, upon proofs fur
nished by exemplifcations or extracts from
such rolls and records, duly certified by the
proper clerk of court of quarter sessions,
which are hereby made evidence thereof, and
also from such proofs by parol as may be
given in evidence by either party Pfogi-
ded, That the provisions of this act, so far
as applicable, shall apply to persons who
voluntarily or without any kind of duress or
constraint enlisted i'm the rebel service