198

and that I have not procured or induced by any means, any indi
vidual or individuals to vote at any such election in violation of
the provisions contained in the 1st section of said constitution re
lating to the age and residence of voters, and if any person elect
ed or appointed to office as aforesaid, shall refuse or neglect to
take the said oath or affirmation, he shall he considered as having
refused to accept the said office and a new election or appoint
ment shall be made as in case of refusal or resignation; and any
person who shall swear or affirm falsely in the premises shall be
guilty of perjury, and on conviction thereof in due course of law
subject to till its pains and penalties.
Sec. 4. That the Judge before whom such oath or affirmation
shall be taken, shall cause the same to be subscribed by the person
so swearing or affirming, in a book by him to be kept for such
purpose, a duplicate of which said oath or affirmation as the case
may be, he shall transmit to the clerk of the Court of Appeals of
this State, with the name of the individual who took and sub
scribed the same, designating the office to which he has been elect
ed or appointed, to be by the said clerk whose duty it shall be to
do so, recorded in a book to be kept for such purpose among the
records of the said Court of Appeals, a certified copy of which
said oath or affirmation by the said Judge under his seal, or by the
said cletk of the said duplicate, under his seal of office shall be
taken and recieved as evidence in any of the courts of this State
that have criminal jurisdiction.

Mr. Ridgely, moved to amend said report by adding at the end
of the 2nd section the following:
"And over all such offences, or the punishment or disability im-
posed thereon, the Executive of this State shall exercise no power
or control;"

The question was first taken on the amendment as offered by
Mr. Ricaud, and
Determined in the negative.

The question then recurred on the amendment as offered by
Mr. Ridgely,

Mr. Dorsey, moved to amend said amendment by adding at the
end thereof the following:

"But it shall at all times be competent for the court before which
such conviction may have been had, upon being satisfied by testi-
mony offered for the purpose of its being malicious and unfounded
in fact, to set aside the judgement rendered on the verdict of the
jury, and enter a nolle prosequi."

Mr. Crisfield, gave notice that at the proper time he should offer
the following amendment:

"Laws shall be made for ascertaining by proper proof, the citi-
zens who shall be entitled to the right of suffrage hereby estab-
lished."