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due University, that being the college established in Indiana under the provisions of the act approved July 2, 1862, and of the act supplementary thereto; be it,

Resolved, by the General Assembly of the State of Indiana, That said grant is hereby accepted for and in behalf of Purdue University; and, the legislative assent of Indiana is, hereby, given to the purpose of said grant.

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7784. Transcript filed

SEC.

7826. Inspector's neglect.
7827. Ballots, loss of.
7828.

Preservation of

- Destruction.

7829. Booths etc., construction- Expense.
7830. Challenger Poll book holder.
7831. False oath - Arrest.

7832. Perjury.

7833. Employe's absence.

7834. Ballots, reception of.

7835. Booth Election room - Admission.

7836. Ballot, defacing by mischance.

7785. Judgment - Attorney fee-Stay of execu- 7837. Preparation of, by clerk.

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7805. State board of election.

7806. County board of election.

7847. Violation of act, attempt to induce.

7848. Instruction cards, removal of.

7849. Inspector electioneering - Disclosing vote. 7850. Public officer, felony of.

7851. Constitutional amendment, votes void when. 7852. Affidavits, preservation

Grand jury.

7853. Township and county elections.

7854. Township or city election.

7855. Election day, holiday.

7856. Repeals -- Proviso.

7857. PRECINCT, change of.

7858. Sheriff and deputies.

7859. Nomination certificate - Ballot printing.

7860. Nominations, publication of.

7807. Ballots, printing etc. Candidature, certifi- 7861. Ballot, form etc.

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7862. Delivery of - Expense.
7863. Polls and ballots.

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7818. County clerks' duties.

7819. Clerk's allowances-Messenger.

7820. Ballot, false delivery of.

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7876.

Challenge of voter.

7823. Opening ballot - Instructions to voter. 7824. Instructions - Specimen ballots.

7877.

False affidavit.

7878.

Repealing clause.

7825. Ballots by special messenger-Loss-Neg- 7879. lect - Supply.

Ballot box, tampering with.

AN ACT to secure the purity and freedom of the ballot and to repeal sections one, two, three and five of an act entitled "An act to protect the ballot box, to procure fair elections, to prevent the sale of votes, to provide means of proving such offenses, prescribing the punishment therefor and repealing sections two hundred and sixty-eight and two hundred and sixty-nine of "An act concerning public offenses and their punishment." approved April 14, 1881, being sections 2184 and 2185 of the Revised Statutes of 1881, and repealing all laws and parts of laws in conflict with the provisions of this act. [Approved and in force March 9, 1889; S., 1889, p. 360.

7774. Hiring or buying person to vote or refrain from voting. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That whoever hires or buys, directly or indirectly, or handles any money or other means knowing the same is to be used to induce, hire or buy any person to vote or refrain from voting any ticket or for any candidate for any office at any election held pursuant to law, or at any primary election or convention of any political party, then the person so offending in any one of the foregoing particulars, and all other persons aiding, abetting, counseling, encouraging or advising such acts, shall thereby become liable jointly and severally to the person hired, bought, or induced to vote or refrain from voting by the means above enumerated, in the sum of three hundred dollars, and reasonable attorney's fees for collecting the same in an action to be brought as hereinafter provided, on the relation of the voter in whose favor the liability is created by this section.

7775. Liability-Action, how brought. § 2. When any liability accrues against any person in favor of another under the provisions of the foregoing section, the latter may bring an action therefor in the name of the state of Indiana on his own relation, either in the circuit or superior court or before any justice of the peace in the county where the defendant or one of the defendants reside, on a complaint in writing under oath. 7776. Complaint-Arrest-Bail-Habeas corpus. § 3. When the complaint is filed in the circuit or superior court the clerk shall issue a warrant to the sheriff of any county, or several warrants to sheriffs of different counties where the defendant or different defendants may be, commanding such sheriff to arrest the defendant or defendants. The person arrested in vacation may be admitted to bail by the sheriff, by entering into a bond payable to the state of Indiana, with at least two good freehold sureties resident in the county where the action is brought, to the approval of the sheriff, in a penalty of one thousand dollars conditioned that such defendant will appear on the first day of the next term of said court, and continually until said cause is disposed of, and abide the order of the court; and in default of such bail the sheriff shall commit him to the jail of the county where the action is pending. The judge of the circuit or superior court may discharge such defendant on a writ of habeas corpus if, on the hearing of such writ, no cause for his imprisonment appears.

7777. Jurisdiction of justice of the peace. § 4. When the complaint is filed before a justice of the peace he shall issue a warrant to the proper constable, commanding him to arrest the defendant and bring him. forthwith before him for examination.

7778. Evidence - Rules of. § 5. Upon the arrest of the defendant by the constable, or the return of the warrant that he can not be found, such justice shall proceed to hear and determine said complaint. The rules of evidence both before the justice and in the circuit and superior courts shall be the same as in civil cases.

7779. Probable cause- Bond etc.— Judgment. § 6. If the justice on hearing adjudges that there is probable cause for the prosecution, he shall, if such defendant is in custody, require him to enter into a bond in the penal sum of one thousand dollars, with at least two good freehold sureties resident in the county, payable to the state of Indiana and conditioned that he will appear on the first day of the next term of the court wherein the prosecution is pending to answer such complaint, and not de

part without leave until the final disposition of said prosecution, and abide the judgment and orders of such court, or, failing therein, he will pay such sums of money and to such persons as may be adjudged by such court, and shall transmit such bond, together with a certified transcript of his proceedings and the other papers in the cause to the clerk of the circuit or superior court of the proper county. And, if such defendant shall fail to give such bond such justice shall commit him to jail until discharged by law. Such bond, or any bond given by said defendant on any continuance or arrest, may be put in suit for a breach thereof by the relator in the name of the state of Indiana for his benefit, and the measure of recovery on said bond shall be the amount of any judgment the relator recovered in the original prosecution, and all costs therein, or, in case the original prosecution has not yet been tried, then the amount the relator can show he would have been entitled to recover, and all costs therein and all costs in the suit on the bond.

7780. Discharge from jail. § 7. Any person committed to jail for failure to give bond may be discharged from custody by filing, at any time after such commitment, such bond with the clerk, and with his approval; and a certificate thereof by the clerk to the sheriff or jailer shall be sufficient to authorize him to discharge said defendant from custody.

7781. Trial of cause, as in civil cases. § 8. The trial and continuance of such prosecution, both before the justice and the circuit or superior court, shall, in all respects herein not otherwise provided, be governed by the law regulating civil suits, except that in trials before justices no jury shall be allowed.

7782. Continuance - Bond-Discharge. § 9. A continuance for cause may be granted to either party both in the circuit or superior courts, and before the justice, and upon the justice granting such continuance to the defendant a like bond shall be required of him as is required in the sixth section for his appearance before the justice instead of the circuit or superior court on the day to which the cause is continued, or commit him to jail for failure to give such bond; and such defendant may be discharged from custody in the same manner as in the seventh section provided.

7783. No arrest - Escape - Transcript. § 10. If the defendant shall not have been arrested, or has escaped after arrest, such trial shall proceed in his absence; and if it be adjudged that there is probable cause for such prosecution the justice shall transmit the papers and a transcript of such judgment and proceedings without delay to the clerk of the circuit or superior court of the proper county, who shall file and docket the same for trial; and such cause shall be heard and determined whether the defendant appear or not the same as if he were present. When no arrest has been made notice by publication in a newspaper may be given the defendant as in other civil cases in the circuit or superior court.

7784. Transcript filed, lien of. § 11. The filing of such transcript, as in sections six and nine provided, and the filing the complaint with the clerk, as in section three in this act provided, shall operate from the time of such filing as a lien upon the real estate of such defendant in the county to the extent of the judgment, which may afterward be rendered against him in such prosecution; and such judgment shall have the same effect and lien as if rendered at the time of such filing; and such lien shall be declared in such judgment.

7785. Judgment-Attorney fee - Stay of execution. § 12. If the finding of the circuit or superior court of the jury trying the cause is for the defendant he shall recover a reasonable attorney's fee, costs against the relator, and be discharged; if the finding is for the plaintiff the state shall recover judgment against the defendant in the sum of three hundred dollars for the use and benefit of the relator, a reasonable fee for his attorney in said prosecution, and all costs; and the court shall require of such defendant, if he be in custody, to replevy such judgment by good freehold surety, the length of stay to be six months from the date of the judgment, or in default thereof, shall commit such defendant to jail to remain until discharged by law.

7786. Execution issues. § 13. Execution may issue on such judgment whenever any amount remains unpaid on the same, and shall be executed without relief from valuation and appraisement laws.

7787. Void contracts. § 14. Any and all contracts and agreements made for the purpose of evading the provisions of this act shall be absolutely void.

7788. [2184-5] Repealing clause. § 15. All of sections one, two, three and five of an act entitled "An act to protect the ballot box, to procure fair elections, to prevent the purchase or sale of votes, to provide means of proving such offenses, prescribing the punishment therefor," and repealing sections two hundred and sixty-eight and two hundred and sixty-nine of "An act concerning public offenses and their punishment," approved April 14, 1881, being sections 2184 and 2185 of the Revised Statutes of 1881, approved March 18, 1885, except so much thereof as makes the mere offer to hire or buy any person to vote or refrain from voting a criminal offense; and all laws and parts of laws in conflict with the provisions of this act are hereby repealed.

7789. Emergency. § 16. It is declared that an emergency exists for the immediate taking effect of this act; the same shall therefore be in force from and after its passage.

AN ACT concerning elections, providing penalties for the violation of the same and repealing all laws in conflict therewith. [Approved March 6, 1889; in force May 10, 1889; S., 1889, p. 157. 7790. Townships - Division of- Precincts-Reports. SEC. I. Be it enacted by the General Assembly of the State of Indiana, That the county commissioners of each county in this state shall, at their first session after the taking effect of this act, divide the townships of their respective counties into election precincts, and establish the boundaries of the same. Such board of commissioners shall designate at least one place of holding elections in each township, and every township in which only one place of holding elections is designated shall constitute a precinct. There shall be but one voting place in a precinct. Each precinct shall contain, as nearly as practicable, two hundred electors, based on the number of votes cast at the last election for presidential electors; but no precinct shall contain more than two hundred and fifty electors. If at any election hereafter two hundred and fifty or more votes shall be cast at any voting place, it shall be the duty of the inspector in such precinct to report the same to the board of county commissioners, who shall, at their next regular meeting, divide such precinct as equally as possible so that the new precincts formed thereof shall each contain two hundred electors, as nearly as practicable; but no precinct shall contain more than two hundred and fifty electors, and shall

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