T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

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 appoint-
ment.

CHAP. 10.

That the following be a substitute for the second
section of said article:

2d section.

SEC. 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, disquali-
fied to act as judge, the county commissioners shall,
at any meeting thereafter, appoint a person as
judge in his place.

Death or

resignation.

That the following be a substitute for the third
section of of said article:

3d section.

SEC. 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 sher-
iff of the county, under the penalty of fifty dollars.

Warrant.

That the following be a substitute for the fifth
section of said article:

5th section.

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 suffi-
cient cause, in the opinion of the court and jury be-
fore whom he shall be tried.

Forfeit.

That the following be a substitute for the sixth
section of said article:

6th section.

If neither of the judges, so appointed, shall at-
tend as aforesaid for the space of one hour after the
time herein described 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 vent 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,
for that election, shall be vested with the same
power and authority as if they had been appointed
by the county commissioners.
4

Non-attend-
ance.