ART. 5. ] ELECTIONS.

45

2. If any of said judges shall die, resign or remove out of the dis-

Art 35, s 2
1805, c 97, s 6

trict or become otherwise, in the opinion of the county commis-

1860, c 10, s 2
Vacancies,

sioners, disqualified to act as judge, the county commissioners shall,

how filled

at any meeting thereafter, appoint a person as judge in his place

3, The clerk of the county commissioners shall record every ap-

Id s 3

180S, c 97, s 6,

pointment so made, and make out a warrant therefor, and shall

1860, c 10, s 3
When and by

within five days thereafter deliver every such warrant to the sheriff

whom warrants
issued and de-

of the county, under the penalty of fifty dollars.

livered

4. The sheriff, within ten days after receiving any such warrant,

Id s 4
1805, c 97, s 6

shall deliver the same to the person appointed or leave the same at

Sheriff to de-
liver warrant to

his last place of abode, under the penalty of fifty dollars.

person ap-

5. Any judge so appointed who shall not attend at the time ap-

pointed

pointed for holding any election in his district shall forfeit fifty

Id s 5
1805, c 97, s 7,

dollars for every such neglect, unless prevented by sickness or other

1860, c 10, s 3
Penalty for

sufficient cause, in the opinion of the court and jury before whom

non-attendance
of judge

he shall be tried.

6. At any election, state, federal or municipal, to be hereafter

1867, c 374

held in this State, if none of the judges of election appointed accord-

Proceeding
where judges do

ing to law, shall attend at the place of election for the space of one

not attend

hour after the time prescribed by law for opening the election, it

shall be lawful for the justices of the peace for such county or city,

then present at the place of election, or a majority of them, or for

one justice of the peace, in the event of but one being present, to

act as judges or judge of election, or, if no justice of the peace be

present, it shall be lawful for the voters then present, or a majority

of them, to choose by ballot three persons being voters, to be judges

of said election; and the said justices or justice of the peace, or

persons chosen by ballot as aforesaid to be judges of election, and

who shall act in that capacity for that election, shall be vested with

the same powers and. authority as if they had been appointed by

the county commissioners or other lawfully authorized power

7. The said judges shall be conservators of the peace during the

Art 35, s 7

continuance of the election and until the ballots shall be counted,

1805, c 97 s 6
Judges to be

and the necessary certificates required by this article shall be made

conservators of
the peace

out by the judges and the clerks, and shall be vested with the power

and authority to commit offenders for any breach of the peace in the

like manner as any justice of the peace.

8. The said judges shall appoint two clerks, being above the age

Id s 8

of twenty-one years, to enter the names of voters, separately and

1805, c 97, s 10
Appointment of

plainly, on the books provided for that purpose, and if any clerk so

clerks.

appointed shall neglect or refuse to act, he shall forfeit and pay the

sum of ten dollars.

9. Every judge of election, at every election to be hereafter held

1867, c 374

in pursuance of law, before he proceeds to take or receive any vote,

Oath of judges
of election

shall take the following oath or affirmation: " I, A. B. do swear (or

affirm) that I will permit all persons to vote who shall offer to vote

at the election now to be held for county, or city, whose

names shall appear on the registry or list of voters furnished to me