An election officer is liable in damages for refusing a vote from improper motives.

Residence is a question of intention, but to constitute a change of residence some act must be done in pursuance of the intention.

The holding of elections at the place fixed by law is mandatory, and cannot be properly omitted.

In case of the destruction of a designated building on the eve of an election, the election might be held on the same or contiguous ground as a matter of necessity; but in all cases the necessity must be absolute, discarding all mere ideas of convenience.

A certificate of naturalization cannot be impeached collaterally; until vacated for fraud by the court issuing it, it is conclusive of the fact of naturalization.

The Supreme Court of the State, in 1867, with the chief justice dissenting, decided that where a majority of the votes are cast for a disqualified person, the next in vote is not to be returned as elected.

CONTESTED ELECTIONS.

Contested elections are now regulated by the act of May 19, 1874, (P. L., 208,) and the supplements, approved May 8, 1876, (P. L., 148,) and June 12, 1878, (P. L., 204.)

JUDICIAL DECISIONS.

It is believed the decisions of the courts, upon the registry laws, and under the new Constitution, have never been collected together, and are therefore not accessible; but the following references are given, as throwing much light on the subject:

1. The registry law of April 17, 1869, is constitutional.-Patterson vs. Barjow, 10 Smith, 54.

For important decisions of the courts, as to the manner of conducting elections under the registry laws.-See in re Duffy's case, 4 Brewster's Reports, 531, and opinion of Judge Harding in Barber's case.-Leg. Int. of September 18, 1874, p. 300.

Mandamus will lie against return judges for neglect or refusal to count up returns and make report of results, as required by law; they have no right to go behind the returns furnished them.-Weakley's case vs. Return Judges of Cumberland county, 24 P. F. Smith, 479.

The act of July 2, 1839, in regard to contested elections of county officers, is still in force, and governs the election of a prothonotary.-In re contested election of Barber, Leg. Int. July 5, 1878, p. 275.

Under act of January 30, 1874, persons not registered may lawfully vote with proofs; and this on payment of tax by another for them, if such payment be appropriated at the time to discharge of the tax against the person.-Gillen et al. vs. Armstrong, Leg. Int., July 12, 1878, p. 282.

If an election be held without necessity at a different place from that designated by law, the entire poll must be rejected.-Chadwick vs. Melvin, Leg. Int., 1872, p. 77, and Melvin's case, 18 P. F. Smith, 333.

ACT OF ASSEMBLY TO PREVENT BRIBERY AND FRAUD AT NOMINATING ELECTIONS, &c.

AN ACT

To prevent bribery and fraud at nominating elections, nominating conventions, returning boards, county or executive committees, and at election of delegates to nominating conventions in the several counties of this Commonwealth. SECTION 1. Be it enacted, &c., That hereafter, if a candidate for any office within this Commonwealth shall, directly or indirectly, give, offer or promise to give, or procure any other person to give, offer or promise to give, to any elector, any gift or reward in money, goods or other valuable thing, or any security for the payment or the delivery of money, goods or other valuable thing, or any office, emolument or employment, on condition, express or im plied, that such elector shall cast, give, retain or withhold his vote, or use his influence at a nominating election or delegate election, or cast, give or substitute another to cast or give, his vote or use his influence at a nominating convention, for or against the nomination of any particular candidate for nomination, so as to procure such person to be voted for, at any election to take place, the person so hiring, procuring, influencing, abetting, endeavoring, or offering either directly or indirectly through others, their aiders or abettors, to procure the person to be voted for by such electors, shall be guilty of a misdemeanor, and on conviction shall be sentenced to pay a fine not exceeding three hundred dollars and be imprisoned for a period not exceeding three months.

SECTION 2. If any elector, authorized to vote at any public election afterwards to take place within this Commonwealth for any office, shall, directly or indirectly, accept or receive from any person desiring to be nominated as a candidate for office, or from the friends of any such person, any gift or reward in money, goods or other valuable thing, or any office or employment, under an agreement or promise, express or implied, that such elector shall give or withhold his vote for the nomination of such a person as a candidate for office at such election, or shall accept or receive the promise of any person, that he shall thereafter receive any gift or reward in money, goods, position or other valuable thing, if he will vote for the nomination of such a person as a candidate for office, and shall thereafter vote for the nomination of such a person, he shall be guilty of a misdemeanor, and on conviction shall pay a fine not exceeding three hundred dollars and be imprisoned for a term of time not exceeding three months.

SECTION 3. If any elector shall, directly or indirectly, offer to give his vote or his influence at any nominating election, delegate election or nominating convention, to any person desiring to be nominated as a candidate for office, or to the friends of any such person, in consideration, that for such vote or influence, he is to receive any gift or reward in money, goods or other valuable thing or any office or employment, he shall be guilty of a misdemeanor, and on conviction shall pay a fine not exceeding three hundred dollars and undergo a period of imprisonment not exceeding three months.

SECTION 4. If any person, not qualified to vote at a general election, shall vote at a nominating election held by any political party, or if any person

shall procure, advise or induce such disqualified person to so vote, or if any person shall vote at more than one election district, or otherwise vote more than once on the same day for the nomination of a candidate, or shall fraudulently vote more than one ticket for the same candidate at the same time, or if any person shall advise or procure another so to do, he or they shall be guilty of a misdemeanor, and on conviction shall be fined not exceeding the sum of two hundred dollars and imprisoned for a term of time not exceeding three months.

SECTION 5. In all cases where a person is elected or chosen or shall act as a delegate to a convention to make nominations for offices, and shall receive, accept or solicit any bribe in money, goods or thing of value, or any office or position, as an inducement to make or join in any nomination for any person to be voted for as an officer or candidate for office, or shall, in like manner and for like reason, agree to abstain from voting for any particular person, shall be guilty of a misdemeanor, and on conviction shall be sentenced to pay a fine of not more than one hundred dollars and be imprisoned not exceeding three months.

SECTION 6. Any person elected, chosen or acting as a member of the county or executive committee of any party, or as a judge of a return board to count up and cast the votes polled at a primary election, held to make nominations for office, or any person appointed a clerk of such return board, who shall directly or indirectly accept, receive or solicit money, office, appointment, employment, testimonial, reward or other thing of value, or the promise of all or either of them, to influence his vote or action in the discharge, performance or non-performance of any act, duty or obligation pertaining to such office, shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of not more than one hundred dollars and to be imprisoned for a time not exceeding three months.

Any person or persons who shall directly or indirectly by offer or promise of money, office, appointment, employmont, testimonial, reward or other thing of value, or who shall, by threats or intimidation, endeavor to influence a member of a county or executive committee of any party, a judge or clerk of any return board, in the discharge, performance or non-performance of any act, duty or obligation pertaining to such office, shall be guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine of two hundred dollars and to undergo imprisonment not exceeding six months. APPROVED-The 8th day of June, A. D. 1881.

HENRY M. HOYT.

ACT OF ASSEMBLY REGULATING THE HOLDING OF PRIMARY
ELECTIONS, &c.
AN ACT

To regulate the holding of and to prevent frauds in the primary elections of the several political parties of the Commonwealth of Pennsylvania.

SECTION 1. Be it enacted, &c., That from and after the passage of this act it shall be lawful and it is hereby made the duties of the judges, inspectors and clerks or other officers of the primary elections, meetings or caucus held for the purpose of nominating candidates for State, city and county offices within the Commonwealth of Pennsylvania, before entering upon the

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discharge of their duties, severally to take and subscribe to an oath or affirmation in the presence of each other in form as follows, namely: “I (A B) do that I will as judge, inspector or clerk (as the case may be) at the ensuing election, impartially and faithfully perform my duties, in accordance with the laws and Constitution of the Commonwealth of Pennsylvania, and in accordance with the rules and regulations adopted by the the county of for the government of the said primary elections, meetings or caucus, to the best of my judgment and abilities;" the oath or affirmation shall be first administered to the judge by one of the inspectors, then the judge so qualified shall administer the oath or affirmation to the inspectors or clerks, and may administer the oath to any elector offering to vote as to his qualifications to vote at such election.

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SECTION 2. If any judge, inspector, clerk or other officer of a primary election as aforesaid shall presume to act in such capacity before the taking and subscribing to the oath or affirmation required by this act, he shall on conviction be fined not exceeding two hundred dollars; and if any judge, inspector, clerk or other officer, when in the discharge of his duties as such, shall wilfully disregard or violate the provisions of any rule, duly made by the said county for the government of the primary elections of the party, he shall on conviction be fined not exceeding two hundred dollars; and if any judge or inspector of a primary election as aforesaid shall knowingly reject the vote of any person entitled to vote under the rules of the said party, or shall knowingly receive the vote of any person or persons not qualified as aforesaid, shall on conviction be fined not exceeding two hundred dollars; and if any judge, inspector, clerk or other officer of a primary election as aforesaid shall be guilty of any wilful fraud in the discharge of his duties by destroying or defacing ballots, adding ballots to the poll other than those lawfully voted, by stuffing the ballot box, by false counting, by making false returns or by any act or thing whatsoever, the person so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars or imprisoned not exceeding one year, or both, or either at the discretion of the court.

All acts or parts of acts of Assembly inconsistent with this act are hereby repealed, except in counties or cities where special acts are in force for the same purpose: Provided, That the provisions of this act shall entail no expense to the counties or cities.

APPROVED-The 29th day of June, A. D. 1881.

HENRY M. HOYT.

ACT OF ASSEMBLY DEFINING WHAT ARE NECESSARY EXPENSES FOR CANDIDATES.

AN ACT

To define the necessary and proper expenses incident to the nomination and election of Senators, Representatives, State, judicial, municipal and county officers, and to authorize the payment thereof.

SECTION 1. Be it enacted, &c., That no person who shall nereafter be a candidate for the nomination or for election to the Senate or House of Representatives, or to any office of the judiciary, or to any State, municipal or

county office in this Commonwealth, shall pay or contribute, either directly or indirectly, any money or other valuable thing, or knowingly allow it to be done by others for him, either for the nomination, election or appointment, except necessary expenses, as follows, to wit:

First. For printing and traveling expenses.

Second. For dissemination of information to the public.

Third. For political meetings, demonstrations and conventions.

The foregoing expenses may be incurred, either in person or through other individuals or committees of organizations duly constituted for the purpose, but nothing contained in this act shall be so construed as to authrize the payment of money or other valuable thing, for the vote or influence of any elector, either directly or indirectly, at primary, township, general or special elections, nominating conventions, or for any corrupt purposes whatever incident to an election; and all judicial, State, county and municipal officers hereafter elected shall, before entering upon the duties of their respective offices, take and subscribe the oath prescribed by section first, of article seven, of the Constitution of this Commonwealth.

SECTION 2. Every person violating either of the provisions of this act shall be guilty of a misdemeanor, and on conviction shall be subject to a fine not exceeding one thousand dollars, and to imprisonment not exceeding one year, or both, or either, at the discretion of the court. APPROVED-The 18th day of April, A. D. 1874.

J. F. HARTRANFT.

INCOMPATIBLE OFFICES.

Every person who shall hold any office or appointment of profit or trust under the Government of the United States, whether a commissioned officer or otherwise, a subordinate officer or agent, who is or shall be employed under the legislative, executive or judiciary department of the United States, and also every member of Congress, is hereby declared to be incapable of holding or exercising, at the same time, the office or appointment of justices of the peace, notary public, mayor, recorder, burgess or aidermen of any city, corporate town, or borough, resident physician of the lazaretto, constable, judge, inspector or clerk of election under this Commonwealth. The holding of any of the aforesaid offices or appointments under this State is declared to be incompatible with any office or appointment under the United States, and every such commission, office or oppointment so holden under the government of this State is null and void.

If any person after the expiration of the fifteenth day of November, one thousand eight hundred and seventy-four, exercises any office or appointments, the exercise of which is incompatible, every person so offending shall for every such offense, being thereof legally convicted in any court of record, forfeit and pay any sum not less than fifty nor more than five hundred dollars, at the discretion of the court, one moiety of the said forfeiture to be paid to the overseers, guardians or directors of the poor of the township, dis