ART. 24.] WORCESTER COUNTY. 1131

ued for such service by reason of ill health, infirmity or old
age, or unless it shall appear that he was excused by the 'said
Board of Election Supervisors or was prevented from attend-
ing and serving as such judge by some unavoidable cause. It
shall be the duty of the supervisors to notify the State's At-
torney of the said county of such failure, refusal or neglect, and
to require the State's Attorney to institute proceedings for
such penalty at the next term of court. The State's Attorney
shall* receive a fee of twenty-five dollars for every penalty
recovered by him, to be paid from the sum actually recovered,
whether the proceeding for the rcovery of such penalty shall
be instituted of his own motion or at the instance of said
supervisors. It shall be the duty of the supervisors to hold .
such meeting or meetings as will be necessary to carry out
the provisions of this section. The said judges before entering
upon the discharge of their duties shall take and subscribe
before the Mayor of said town or before a justice of the peace
of said State in and for said county an oath or affirmation to
act fairly and impartially as judges of such election, and
in case of the failure of any of said persons so appointed to
appear and qualify the judge or judges so appearing shall
select a judge or judges to fill such vacancy, which such judge
or judges shall qualify as above. They shall appoint one of
their number to act as clerk, and shall keep the polls open
from two o'clock P. M. to six o'clock P. M., and shall within
two days after the election return under their hands the
number of votes cast and'for whom cast, with a copy of their
oath, to the clerk of the Circuit Court for Worcester county,
who shall file and record the same at once, and issue certifi-
cates of election to the person who shall appear by the said
returns to have been elected to their respective offices, and said
certificate shall be recorded among the proceedings of the Coun-
cil. If any clerk of election or any person performing the
duties of such clerk, shall wilfully keep a false poll list or
shall knowingly insert in his poll list any false statement, he
shall, upon conviction thereof, be adjudged guilty of a felony,
and shall be punished by imprisonment in the penitentiary
for not less than one nor more than five years. Every judge
of such election who shall wilfully exclude any vote duly ten-
dered, knowing that the person offering the same is lawfully
entitled to vote at such election, or shall wilfully receive a
vote from any person who has been duly challenged in relation
to his right to vote at such election, without exacting from
such person an oath or other proof of qualification, or shall
'wilfully omit to challenge any person offering to vote whom
he knows or suspects to be not entitled to vote, and who has