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Session Laws, 1912
Volume 370, Page 465   View pdf image
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PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 465

filled by said election shall be filled in the same manner as
would be required by law in case said vacancy had arisen from
the death of the successful candidate after his election. If any
candidate shall have been so found or decided to have been
so guilty in person of corrupt practices, he shall be ineligible
to election or appointment to any public office or employment
for the period of four years from the date of said election; but
the mere finding or decision that his political agent was so
guilty shall not render him ineligible to office; but where the
judge or judges shall decide or certify upon his or their jury's
findings in any case that any such successful candidate was
guilty of corrupt practices only in the person of his .agent, and
that (a) no corrupt practice was committed by the candidate
personally and the offense was committed contrary to his order
and without his sanction or connivance; (b) the offense was of
a trivial, unimportant and limited character; (c) in all other
respects such election was free from corrupt practice on the
part of such candidate and of his political agent, then the elec-
tion of such candidate shall not be void, nor shall the candi-
date be subject to any ineligibility therefor.

SEC. 2. And be it further enacted, That this act shall not
impair, prevent, prejudice or preclude, or in any manner oper-
ate upon or affect any presentment, indictment or prosecution
which may or might have been brought or filed against any
person whatsoever or which may be pending in any Court of
criminal jurisdiction in this State against any person whatso-
ever under and by virtue of said sections 162, 165, 166, 16Y,
168 and 173, or aay of the same, as the said sections were
enacted and existed prior to the passage of this act, or by
reason of any violation upon the part of any person of any
provision of any of the said sections as enacted and existing
prior to the passage of this act, and all persons presented or
indicted or who, prior to the passage of this act, may or might
have been liable to presentment, indictment or prosecution for
any violation of any provision of any of said sections as the
same were enacted and existed prior to the passage of this act,
may be prosecuted upon such presentment or indictment or may
be presented, indicted and prosecuted under said sections, or
any of the same, as heretofore enacted and existing, as if this
act had not been passed. And every offence which has been
or shall have been wholly or partly committed against any of
said sections or parts thereof at the time of or prior to the
passage of this act shall be dealt with, inquired into, tried,
prosecuted, determined and punished and any penalty in
respect to any such offence shall be imposed or inflicted and

 

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Session Laws, 1912
Volume 370, Page 465   View pdf image
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