258 ELECTIONS. [ART. 35.
ARTICLE XXXV.
Elections.
SEC. 1. The county commissioners in each county, shall an-
nually appoint three persons for each election district of the
county, residents of such district, who or a majority, or any one
of whom in case of the non-attendance of the other two, shall
be judges of the election for such district, from the time of their
appointment until a new appointment.
2. If any of said judges shall die, resign or remove out of
the district or become otherwise in the opinion of the county
commissioners, disqualified to act as judge, the county commis-
sioners shall, at any meeting thereafter, appoint a person as
judge in his place,
3. The clerk of the county commissioners, shall record every
appointment so made, and make out a .warrant therefor, and
shall within five days thereafter deliver every such warrant to
the sheriff of the county under the penalty of fifty dollars.
4. The sheriff, within ten days after receiving any such war-
rant, shall deliver the same to the person appointed or leave
the same at his last place of abode, under the penalty of fifty
dollars.
5. Any judge so appointed who shall not attend at the time
appointed for holding any election in his district shall forfeit
fifty dollars for every such neglect, unless prevented by sickness
or other sufficient cause, in the opinion of the court and jury
before whom he shall be tried.
6. If neither of the judges so appointed shall attend as afore-
said for the space of one hour after the time herein prescribed
for opening the election, it shall be lawful for the justices of the
peace for the said county then present at the place of election,
or the majority of them, or for one justice of the peace in the
event of but one being present, or if no justice of the peace be
present, for the voters then present, or a majority of them, to
choose by ballot three persons to be judges of said election, who
|
|