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construed to authorize the making or certifying of any levy by township trustees or city councils not made prior to the time limited in the fifth section of the act of April 13, 1865, or for any greater sum than provided for in said act.

SEC. 2. This act to take effect and be in force from and after its passage.

JOHN F. FOLLETT,

Speaker of the House of Representatives.
J. C. LEE,

Passed April 15, 1868.

President of the Senate.

AN ACT

To amend section 592 of the code of civil procedure.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 592 of the code of civil procedure be and the same is hereby so amended as to read as follows: Section 592. He shall execute every summons, order or other process, and return the same, as required by law; and if he fail to do so, unless he make it appear to the satisfaction of the court that he was prevented by inevitable accior other pro- dent from so doing, he shall be amerced by the court in a

Penalty for failure to execute summons, order

cess.

Proviso.

sum not exceeding one thousand dollars, and shall be liable
to the action of any person aggrieved by such failure: pro-
vided, that he shall not be liable to an action or amercement
for failing to execute any such order or process directed to
him from any other county than that in which he was elected,
unless his fees shall be deposited with the clerk issuing such
order or process, and an indorsement thereof be made on
such order or process at the time of issuing the same, in
these words: "Funds are deposited to pay the sheriff on
this process;
" to which indorsement the clerk shall sub-

scribe his name.

SEC. 2. That said original section 592 be and the same is hereby repealed. This act to take effect from and after

its passage.

JOHN F. FOLLETT,

Speaker of the House of Representatives.

J. C. LEE,

Passed April 14, 1868.

President of the Senate.

AN ACT

Supplementary to the act entitled "An act to preserve the purity of elections," passed March 20th, 1841, and to protect the judges of elections in the discharge of their duties. (O. L.)

SECTION 1. Be it enacted by the General Assembly of the Duties of State of Ohio, That it shall be the duty of the judges of elec- judges. tion to challenge any person offering to vote at any election. held under any law of this state, having a distinct and visible admixture of African blood, and shall tender to him the following oath or affirmation:

"You do solemnly swear (or affirm) that you will, to the Oath to be best of your knowledge and belief, full and true answers administered make to such questions as may be put to you touching your qualifications as an elector;" and thereupon the said judges, or one of them, shall put to him the following questions: 1. What is your age?

2. Where were you born?

3. Were your parents married, and did they live together as man and wife?

4. Had your parents, or either of them, a visible and distinct admixture of African blood?

5. In the community in which you live are you classified and recognized as a white or colored person, and do you associate with white or colored persons?

6. Are there schools for colored children in operation in the township, village or ward in which you live; and if you have children, do they attend such schools, or do they attend the common schools organized for white children, under the laws of the state?

to person offering to vote.

Questions to be put to

same.

SEC. 2. After the examination of the person challenged, Witnesses. as provided in the preceding section, the judges of election shall, unless the vote of said person is rejected, require him to produce before them two credible witnesses, to whom shall be tendered by said judges the following oath or affirmation: "You and each of you do solemnly swear (or affirm) that you will fully and truly answer all such questions as may be put to you touching the qualifications of [the name of the person challenged] as an elector.'

Thereupon the judges, or one of them, shall put to each person, respectively, the following questions:

Oath administered to witnesses.

1st. Are you acquainted with [the name of the person Questions to challenged]; if so, for how long a time have you known him? be put to 2d. Do you know when, where and in what state he was born?

3d. Were you acquainted with his parents or either of them? If yes, did such parents, or either of them, have a distinct and visible admixture of African blood, and were they married, or did they live together as man and wife?

SEC. 3. A record in writing of the questions and answers required to be given and made in the preceding sections of this [act] shall be kept and filed with the poll books for public inspection, and that the conducting of such examinations and the making of the record thereof shall not be permitted to delay the regular business of such elections, in receiving votes where no 7-LAWS.

each witness.

Record of

questions and answers.

What evidence shall not be received.

When persons refuse to answer questions judges shall reject vote.

Oath to per

sons refusing

to answer

questions.

Penalty for illegally procuring the right to vote.

Penalty against

judge for receiving illegal vote.

such examination and record aforesaid is required by this act to be made, and to avoid such delay, it shall be the duty of such judges of election to employ an additional clerk or clerks to make such record, who shall be paid as other clerks at such elections; and said clerks shall first be duly sworn to faithfully and correctly make such record, and the said judges of election, or any party challenging, may put such other questions as may seem to them necessary and proper, and the judges of election, or the party challenging, may call and have examined any other witnesses in the premises that may seem to them proper.

SEC. 4. No evidence shall be received as to the admixture of white blood which is based on the opinion of the person challenged or of the witness testifying in his behalf, founded merely upon appearance, unless the facts are fully stated as to the parentage of the person challenged; and no evidence of reputation as to parentage shall be received, unless the parties about whom such reputation exists are first proved to have been married, or to have lived together as man and wife.

SEC. 5. If the party challenged, or any person interrogated as aforesaid in his behalf, shall refuse to answer fully any question as herein prescribed, the judges shall reject the vote; and if the judges shall be satisfied, from the statements of all the persons examined and the evidence adduced, that the person offering to vote is a "white male citizen of the United States," before receiving his ballot, they shall tender him the following oath or affirmation:

"You do solemnly swear (or affirm) that, to the best of your knowledge and belief, you are a white male citizen of the United States, and know the fact to be so from a knowledge of both your parents and your pedigree;" and if the judges shall then receive said vote, the words, "challenged on the ground of visible admixture of African blood," shall be entered on the poll book opposite said voter's name.

SEC. 6. That any person who, on oath or affirmation, shall procure the right to vote for himself or any other person, by Willfully and corruptly deposing, declaring or affirming any matter to be a fact knowing the same to be false, or shall, in like manner, deny any matter to be fact knowing the same to be true, shall be deemed guilty of perjury, and on conviction thereof shall be imprisoned in the penitentiary and kept at hard labor not more than ten years nor less than three years.

SEC. 7. Any judge of election receiving the vote or sanctioning the reception of the same from any person having a distinct and visible admixture of African blood, contrary to the provisions of this act, shall, on conviction thereof, be imprisoned in the county jail not more than six months nor less than one month, and shall also be liable to a civil action for a penalty in the sum of five hundred dollars, which may be brought against him by any elector of the county or district in which the vote was received in the court of common pleas of any county in the state where process can be served upon hu; 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 affect the right to proceed for the recovery of such penalty.

SEC. 8. That any person aiding, abetting or counseling Aiding or any judge of an election to receive a vote, or aiding, abetting abetting, or counseling any person to offer his vote in violation of the penalty for. provisions of this act, or any person in any manner impeding the challenging of persons as herein provided, shall, on conviction thereof, be imprisoned in the county jail not more than six months nor less than one month, and shall also be liable to a civil action for a penalty in the sum of one hundred dollars, which may be brought against him by any elector of the county or district in which the vote was received, in the court of common pleas of any county where process can be served 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 affect the right to proceed for the recovery of such penalty.

may

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

SEC. 10. In all suits brought against any judge of the election for rejecting the vote of any person having a distinct 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 a white male citizen of the United States in the same manner, and by the same evidence, both as to the kind of testimony and number of corroborating witnesses, 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, unconnected with a full statement 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 or parentage, 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 action unless the jury are satisfied from the evidence that the judge of the election, in rejecting such vote, acted corruptly or in bad faith; and the court shall so instruct the jury, and where said instruction is omitted or refused, the defendant shall be entitled to a new trial. SEC. 11. Any candidate for office at any election may, on making an affidavit before a justice of the peace or notary public that he believes it necessary to the enforcement of the provisions 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,

When judge is sued for rejecting vote, venue may

be changed, &c.

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Penalty for refusal.

When judges shall disregard challenge.

Penalty for challenging in bad faith or without

cause.

Prosecutions and penalties.

This act

must be giv

en in charge to grand jury.

and its other requirements disregarded; and any sheriff rerefusing to furnish said posse and to protect said poll from all violence and interference by any person or persons whatsoever, shall, on conviction thereof, be imprisoned in the county jail not exceeding thirty days nor less than ten days, and shall also 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; provided there shall be but one recovery for every such violation as aforesaid.

SEC. 12. No challenge under the provisions of this act shall be regarded by the judges of election where the person challenged has no visible admixture of African blood; and any person challenging an elector in bad faith, or where there is no probable cause for such challenge on account of a visible admixture of African blood, shall, on conviction thereof, be imprisoned in the county jail not more than six months nor less than one month, and shall also be liable to a civil action for a penalty in the sum of five hundred dollars, which action may be brought against him by the person so challenged, in any county where process can be served upon him.

SEC. 13. All prosecutions under the provisions of this act shall be by indictment before the court of common pleas in the county where the offense was committed, and all penalties recovered under this act shall be paid one half to the party in whose name the suit is brought, and the other half into the county treasury where the suit is determined, for the benefit of the common school fund.

SEC. 14. This act shall be given specially in charge to the grand jury at each term of the court of common pleas by the presiding judge thereof, and shall take effect and be in force from and after its passage.

JOHN F. FOLLETT, Speaker of the House of Representatives. J. C. LEE,

Passed April 16, 1868.

President of the Senate.

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AN ACT

To amend sections two, four, five and twenty-four of the act entitled an act ty preserve the purity of elections," passed March 20, 1841, (S. &C., 543, 544, 547,) as amended by the acts of April 15, 1857, (vol. 54, O. L., 136,) May 30, 1864, (vol. 61, O. L., 83,) and April 15, 1867, (vol. 64, O. L., 151,) and to repeal the acts amendatory thereof and supplementary thereto, passed February 15, 1861, (vol. 58, O. L., 17,) May 30, 1864, (vol. 61, O. L., 83,) April 15, 1867, (vol. 64, O. L., 151,) and April 16, 1867, (vol. 64, O. L., 228, 229.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two of the act entitled "an act to preserve the purity of elections," passed March 20, 1841, as amended by the act passed April 15, 1857, be amended so as to read as follows:

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