facing 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.

VIII. PENALTY ON COMMISSIONERS FOR OMITTING TO INSERT NAMES OF PERSONS ASSESSED.

Act 2 July, 1839, Sec. 98, P. L., 541.-If the commissioners of any county shall wilfully omit to insert in the list of taxables, delivered by them to the inspectors, as before directed, the name of any person duly assessed and returned to them by the assessor, they shall, on conviction thereof, be fined, and severally pay any sum not less than fifty nor more than one hundred dollars.

IX. FRAUDS OF INSPECTORS, JUDGES AND CLERKS, HOW

PUNISHED.

Act 2 July, 1839, Sec. 102, P. L., 541.—If any inspector, judge or clerk, as aforesaid, shall be convicted of any wilful fraud in the discharge of his duties, as aforesaid, he shall undergo an imprisonment for any term not less than three, nor more than twelve months, and be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, and shall be, for seven years thereafter, disabled from holding any office of honor, trust or profit in this Commonwealth, and shall moreover be disabled, for the term aforesaid, from giving his vote at any general or special election within this Commonwealth.

X. REJECTION OF BALLOTS OF LAWFUL ELECTORS, OR RECEIVING FROM DISQUALIFIED ELECTORS THEIR VOTES, HOW PUNISHED.

Act 2 July, 1839, Sec. 103, P. L., 542.-If any inspector or judge of an election shall knowingly reject the vote of any qualified citizen, or knowingly receive the vote of any person not qualified, or conceal from his fellow-officers any fact in the knowledge of which such vote should by law be received or rejected, each of

the persons so offending shall, on conviction, be punished in the manner prescribed in the 107th section of this act.

ED. NOTE.-The fine is not less than fifty, nor more than two hundred dollars.

1. Commonwealth ex rel. Simpson v. Sheriff, 1868, 7 Phila. R., 84.—A judge of election cannot be indicted for refusing a vote, if he act in good faith.

2. Where a whole issue of naturalization certificates have been pronounced illegal by two judges of the Supreme Court, and a third judge has ascertained that forgeries of the seal have been committed, and that a counterfeit die is in existence, election officers cannot be indicted for rejecting a part of the same issue.

6

1. Commonwealth v. Daniel Leary, 1868, 1 Brewster R., 271.-" A certificate of naturalization in due form and properly attested is sufficient evidence, that the individual named in it was duly examined and sworn in open court in the presence of some of the judges, according to the act of Congress,' and that the certificate itself was regularly and lawfully issued."

2. "It is not conclusive."

ED. NOTE.-The above indictment was under Act of April 4, 1868.

Commonwealth v. David C. Lee, 1869, 1 Brewster R., 273.-An election "officer is not made responsible for a mistake of judgment. If he reject the vote of one whom he believes not qualified, he is not liable to the penalties of the statute, although the individual may have been qualified and entitled to vote. It is for wilful disregard of his duty that he is made liable to punishment, and not for error of judgment."

XI. PRYING INTO TICKETS TO DISCOVER THE NAME OF

CANDIDATE, ETC.

Act 2 July, 1839, Sec. 105, P. L., 542.—If any judge of an election, inspector, clerk, or other person, before the poll shall be closed, shall unfold, open or pry into any ticket, with a design to discover the name of any candidate therein, every person so offending shall, on conviction, be fined in any sum not less than fifty, nor more than one hundred dollars, and imprisoned for any time not less than one, nor more than three months.

XII. EMBEZZLEMENT, DESTRUCTION, DEFACEMENT OR ALTERING, ETC., OF ANY ELECTION PAPERS OR BALLOTS, HOW PUNISHED.

Act 2 July, 1839, Sec. 106, P. L., 542.-If any person shall embezzle or unlawfully deface, alter, change, substitute or destroy any ticket, list of voters, tally-paper or certificate, taken or made

at any election, as aforesaid, he shall, on conviction, suffer imprisonment for a term not less than twelve months, nor more than three years, at the discretion of the court, and be fined in any sum not less than one hundred, nor more than one thousand dollars.

XIII. PENALTY FOR INTERFERING WITH ELECTION OFFICERS, BLOCKING UP WINDOWS, INTIMIDATING ELECTORS, ETC. Act 2 July, 1839, Sec. 110, P. L., 543.—If any person shall prevent or attempt to prevent any officers of an election under this act, from holding such election, or use or threaten any violence to any such officer, or shall interrupt, or improperly interfere with him in the execution of his duty; or shall block up or attempt to block up the window, or avenue to any window where the same may be holden; or shall riotously disturb the peace at such election; or shall use or practice any intimidation, threats, force, or violence, with design to influence unduly, or overawe any elector, or to prevent him from voting, or to restrain the freedom of choice, such person, on conviction, shall be fined in any sum not exceeding five hundred dollars, and be imprisoned for any time not less than one, nor more than twelve months. And if it shall be shown to the court, where the trial of such offence shall be had, that the person so offending was not a resident of the city, ward, district, or township, where the said offence was committed, and not entitled to vote therein, then, on conviction, he shall be sentenced to pay a fine of not less than one hundred nor more than one thousand dollars, and be imprisoned not less than six months nor more than two years.

XIV. DUTY OF PEACE OFFICERS TO CLEAR WINDOWS. CONSTABLES TO ATTEND ELECTIONS. PENALTIES.

Act 2 July, 1839, Sec. 111, P. L., 543.-It shall be the duty of every mayor, sheriff, deputy sheriff, alderman, justice of the peace, and constable or deputy constable of every city, county and township or district within this Commonwealth, whenever called upon by any officer of an election, or by any three qualified electors. thereof, to clear any window, or avenue to any window, at the place of the general election, which shall be obstructed in such a

way as to prevent voters from approaching the same; and on neglect or refusal (so) to do, on such requisition, said officer shall be deemed guilty of a misdemeanor in office, and, on conviction, shall be fined in any sum not less than one hundred, nor more than one thousand dollars. And it shall be the duty of the respective constables of each ward, district or township within this Commonwealth, to be present in person, or by deputy, at the place of holding such elections in said ward, district or township, for the purpose of preserving the peace as aforesaid.

XV. PEACE OFFICERS TO REPORT DISTURBANCES TO COURT.

Act 2 July, 1839, Sec. 112, P. L., 544.-It shall be the duty of every peace officer, as aforesaid, who shall be present at any such disturbance at an election as is described in this act, to report the same to the next Court of Quarter Sessions, and also the names of the witnesses who can prove the same; and it shall be the duty of said court to cause indictments to be preferred before the grand jury against the persons so offending.

PENALTY ON CONSTABLES FOR NOT REPORTING DISTURBANCES.

Act 2 July, 1839, Sec. 113, P. L., 544.—If it shall be made appear to any Court of Quarter Sessions of this Commonwealth, that any riot or disturbance occurred at the time and place of holding any election under this act, and the constables who are enjoined by law to attend at such elections have not given information thereof, according to the provisions of this act, it shall be the duty of said court to cause the officer or officers, so neglecting the duty aforesaid, to be proceeded against by indictment for a misdemeanor in office, and, on conviction thereof, the said officer shall be fined in any sum not exceeding one hundred dollars.

Act 2 July, 1839, Sec. 97, P. L., 541.—If the constables or supervisors of any township, ward or district, shall neglect or refuse to perform the duties herein required of him or them, they shall respectively, on conviction, be fined in any sum not less than fifty nor more than one hundred dollars.

XVI. BETS ON ELECTIONS. PENALTY FOR MAKING OR

OFFERING.

Act 2 July, 1839, Sec. 115, P. L., 544.—If any person or persons shall make any bet or wager upon the result of any election within this Commonwealth, or shall offer to make any such bet or wager, either by verbal proclamation thereof, or by any written or printed advertisement, challenge or invite any person or persons to make such bet or wager, upon conviction thereof, he or they shall forfeit and pay three times the amount so bet or offered to bet.

Act 2 July, 1839, Sec. 116, P. L., 544.-It shall be the duty of every judge, sheriff, mayor, alderman, justice of the peace or constable, knowing of any person having offended against the provisions of the 115th section of this act, to commence proceedings against the person so offending; and it shall be the duty of the grand juries of the respective counties within this Commonwealth, to make a presentment of all such offences coming within their knowledge.

Smyth v. McMasters, 1812, 2 Brown's R., 182.-Wagers considered.

XVII. DUTY OF THE DIRECTORS OF THE POOR TO SUE FOR BETS PENDING, AND RECOVER FOR THE USE of the Poor. LIMITATION OF SUITS. TO BE RECOVERED AS OTHER DEBTS. PENALTY ON DIRECTORS, ETC., FOR NEGLECTING TO BRING SUITS.

Act 2 July, 1839, Sec. 118, P. L., 545.—It shall be the duty of the several constituted authorities having care and charge of the poor in the respective counties, districts and townships of this Commonwealth, knowing, or being informed under oath, of any person or persons having made any bet or wager of any land, goods, money, or thing of value, on the result of any election within this Commonwealth, or deposited the same in the hands of any person within their respective counties, districts or townships, to bring suit in the name of the Commonwealth of Pennsylvania, for the use of the poor of such county, district or township, against such depositee or stakeholder, where said bet is deposited in the hands of a third person, or against the party winning