for the unexpired term. Every such writ of election shall be directed to the commissioners of elections in each county of the State, in case it be to fill a vacancy in the supreme court of appeals; and to the commissioners of elections in each county in the judicial circuit, in case it be to fill a vacancy in the office of judge of said circuit, and shall be published in one newspaper in each county of the State or district in which such paper may be published at least once in each week, for four successive weeks prior to said election.

VACANCY IN REPRESENTATION IN CONGRESS.

5. (Acts 1883, p. 4.) If there be a vacancy in the representation from this State in the congress of the United States, the governor shall, within ten days after the facts come to his knowledge, give notice thereof by proclamation, to be published in such newspapers in the district where such vacancy may occur, as he may deem best calculated to give information thereof to the voters of such district. In such proclamation he shall appoint some day, not more than seventy-five nor less than thirty days from the date thereof, for holding the election to fill such vacancy, which election shall be held by the commissioners of elections in each county in the district accordingly; and said commissioners shall make return of the result of said election in the same manner as is prescribed by law in case of the election of such representative in congress for a full term.

VACANCY IN OFFICE NOT ELECTIVE DURING RECESS OF SENATE.

6. In case of a vacancy during the recess of the senate in any office which is not elective, the governor shall, by appointment, fill such vacancy until the next meeting of the senate, when he shall make a nomination for such office, and the person so nominated, when confirmed by the senate (a majority of all the senators elected concurring by yeas and nays) shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person shall be so appointed during the recess of the senate who has been nominated to and rejected by the senate for the same office. The bonds, if any be required by law to be given by any officer so temporarily appointed by the governor, shall be in such penalty as the governor may prescribe.

VACANCIES IN THE LEGISLATURE,

7. A writ of election to fill a vacancy in the legislature shall be issued by the governor, when the vacancy occurs during the recess of the legislature, and by the president of the senate or speaker of the house of delegates, as the case may be, when such vacancy happens during the session, or a writ of election has not theretofore issued. And it shall be the duty of the clerk of the circuit court of the county in which the senator or delegate resided at the time such vacancy occurs, if it occur by the death of such senator or delegate in

the recess of the legislature, to inform the governor thereof. The said writ shall be directed to the sheriff of the proper county, or to the sheriffs of the several counties included in the delegate or senatorial district, as the case may be, and shall prescribe the day of election; and every sheriff, on receiving the same, shall immediately give notice thereof to the commissioners of elections in the several districts of his county; and shall also cause notice of the same to be conspicuously posted at every place of voting in such county, and to be published in a newspaper, if there be any published therein.

VACANCY IN OFFICE OF CLERK OF THE CIRCUIT COURT.

8. When a vacancy shall occur in the office of clerk of the circuit court, the said court, or the judge thereof in vacation, shall fill the same by appointment until the next general election, and the person so appointed shall hold his office until his successor is elected and qualified. At the said general election a clerk shall be elected to fill said vacancy for the unexpired term, and the said court, or the judge thereof in vacation, shall cause a notice of such election to be published in one or more newspapers printed in the county, if there be any such papers printed therein, or in such other manner as will give full notice of said election.

VACANCY IN THE OFFICE OF COMMISSIONER AND CLERK OF THE COUNTY COURT, JUSTICES OF THE PEACE AND CONSTABLES.

9. Vacancies in the office of county commissioners and clerk of the county court, justices of the peace and constables shall be filled by the county court of the county until the next general election, at which election every such vacancy shall be filled by a vote of the people for the unexpired term; of which election to fill such vacancy a notice shall be given as directed by the next preceding section, except that notice of an election to fill a vacancy in the office of justice of the peace or constable shall not be published in a newspaper.

VACANCY IN THE OFFICE OF PROSECUTING ATTORNEY, SHERIFF, SURVEYOR OF LANDS AND ASSESSOR.

10. A vacancy in the office of prosecuting attorney, happening after the last general election before the expiration of the term of office of such attorney, shall be filled by the circuit court of the County, or judge thereof, for the unexpired term; otherwise it shall be filled by said court or judge until the next general election; and a vacancy so happening in the office of sheriff, surveyor of lands, or assessor, shall be filled by the county court for the unexpired term; otherwise it shall be filled by the said county court until the next general election. At which general election every vacancy shall be filled by a vote of the people, where an appointment has

been made, as aforesaid, from the next general election, for the unexpired term. A notice of every such election of prosecuting attorney shall be given by order of the circuit court, or the judge thereof in vacation, and of the election of a sheriff, surveyor of lands, or an assessor, by the order of the county court or the president thereof in vacation, as prescribed in the eighth section of this chapter.

BONDS OF OFFICERS APPOINTED.

11. The bond, if any be required by law, to be given by the person appointed as aforesaid, shall be approved by the court, or judge making the appointment, and be in such penalty as said court or judge may direct.

EXPENSES OF PUBLICATION OF NOTICES.

12. All expenses incurred for the publication of notices under the provisions of this chapter shall be audited by the county court and paid out of the county treasury.

13. The words "county court," when used in this chapter, shall be construed to mean and include every tribunal heretofore established and now existing in any county, for police and fiscal purposes, in lieu of the county court.

LAWS REPEALED.

2. All acts and parts of acts inconsistent with the provisions of this chapter are hereby repealed.

CHAPTER V.

(Acts 1882, p. 435.)

OFFENSES RELATING TO ELECTIONS.

NEGLECT OR MALCONDUCT OF OFFICERS OF ELECTIONS.

1. If an officer fail to perform'any duty required of him in relation to an election, and there is no other penalty or punishment imposed for such failure, he shall forfeit not less than five nor more than fifty dollars for every such offense.

2. If a commissioner or canvasser of election shall fail or refuse, without sufficient cause, to attend at the proper time and place for holding any election, which it is his duty to assist in holding, he shall forfeit not less than five nor more than thirty dollars for every such offense.

3. If an officer or person, whose duty it is to assist in holding an election, being present at the time and place for holding the same, refuse to do so when required by a candidate or voter; or, if any person or officer neglect to deliver the ballots, poll books, or certificates as required by law, or to make returns in the manner or at the time prescribed by law, he shall forfeit for every such offense not less than ten nor more than one hundred dollars; or if any officer or person refuse to deliver the ballots, poll-books, or certificates at the time prescribed by law, he shall forfeit for every such offense not less than fifty, nor more than two hundred dollars and be con

fined in the county jail not less than thirty nor more than ninety davs.

4. If a commissioner or canvasser of election, or any person acting as such, or as clerk or writer at any election, make, or procure to be made, or assist in making any false count, certificate or return concerning an election, knowing the same to be false, he shall be guilty of a felony, and upon conviction confined in the penitentiary not less than one nor more than two years.

VOTING TWICE-PROCURING BAD VOTES TO BE ADMITTED OR GOOD ONES REJECTED, ETC.

5. If any person knowingly vote when not legally entitled; or vote more than once in the same election; or knowingly vote or attempt to vote more than one ballot for the same office, or on the same question; or procure, or assist in procuring a bad vote to be admitted, or received at an election, knowing the same to be bad: or a good vote to be rejected, knowing the same to be good; or with intent to deceive any voter, alter the ballot of such voter by marking out the name of any person for whom such person desires to vote; or with like intent write the name of any person on such ballot other than those directed by the voter, he shall be punished as hereinafter provided. And when any political party shall in convention assembled nominate the full number of persons to be voted for at the ensuing election for State or county officers or for representatives in the congress of the United States and shall print and circulate, or cause to be printed and circulated ballots to be used in voting at such election, containing all the names of the persons so nominated, printed in Roman letters and with black ink, with a heading showing the name of such political party, it shall be unlawful for any person to print or circulate, or to furnish to any voter, or other person to be used in voting at such election, any printed ballot with the same heading, and similar in appearance of and to the ballot printed as aforesaid, containing the names of such nominees, with any name or names printed thereon other than those so nominated as aforesaid, unless the other name or names so printed thereon be printed in italics, and in such style or manner as shall be easily distinguishable by a voter from said first named ballot. It shall also be unlawful for any person to paste or place. the printed name of any person other than that of one of the nominees of such convention on or upon such ballot so printed as aforesaid, unless the name so pasted or placed thereon be printed in red ink. And it shall also be unlawful for any person to print or circulate, or cause to be printed or circulated any ballot purporting to be such ballot as is hereinbefore mentioned, and purporting to contain the names of the persons so nominated as aforesaid, but omitting therefrom the names of any one or more of such nominees, unless a blank space be left on such ballot of at least one-third of an inch in width and extending across the said ballot from one side to

the other, for the name of every such nominee omitted therefrom. Any person who shall knowingly violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense be fined not less than twenty nor more than one hundred dollars; and may, at the discretion of court, be confined in the county jail not less than one nor more than six months. .

TAMPERING, ETC., WITH BALLOT-BOX, DESTROYING OR INJURING POLL BOOKS, BALLOTS, ETC.

6. If any person shall unlawfully open any ballot-box before the ballots therein have been counted as required by chapter three of this code, or shall unlawfully take therefrom any ballot deposited therein, or alter, deface or destroy any such ballot before said ballots have been counted as aforesaid, or if any person shall wilfully and unlawfully destroy, deface or alter any poll book kept at any place of voting, he shall be guilty of a felony, and upon conviction confined in the penitentiary not less than one nor more than two years.

THE USE OF FORCE OR INTIMIDATION AT ELECTIONS.

7. Any person who shall by force, menace, fraud or intimidation, prevent or attempt to prevent any officer whose duty it is by law to assistin holding an election, or in counting the votes cast thereat, and certifying and returning the result thereof, from discharging his duties according to law; or who shall by violence, threatening gestures, speeches, force, menace or intimidation, prevent or attempt to prevent an election being held; or who shall in any manner obstruct or attempt to obstruct the holding of an election, or who shall by any manner of force, fraud, menace or intimidation, prevent or attempt to prevent any voter from attending any election, or from freely exercising his right of suffrage at any election at which he is entitled to vote, shall be guilty of a misdemeanor, and fined not less than one hundred nor more than five hundred dollars for every such offense, and at the discretion of the court may be imprisoned in the county jait not more than three months; and any corporation which shall by its officers, agents or otherwise, prevent or attempt to prevent any voter in its employ from attending any election, or from freely exercising his right of suffrage at any election at which he is entitled to vote, by any threat direct or indirect, express or implied, to discharge, or deprive such voter from its employment, or shall discharge or deprive such voter from its employment because of any vote he may cast, or refuse to cast, at any election at which he is entitled to vote, it shall be guilty of a misdemeanor, and shall upon conviction be fined not less than five thousand dollars nor more than twenty thousand dollars for every such offense, at the discretion of the jury.

BRIBERY.

8. If any person, directly or indirectly accept or take any gift,