HERBERT R. O'CONOR, GOVERNOR. 179

so appointed who shall refuse shall be subject to a fine
of not less than fifty dollars and not more than one hundred
dollars, unless it shall appear that he was not qualified 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
attending and serving as such judge by some unavoidable
cause.

(d) It shall be the duty of the supervisors to notify
the State's Attorney 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 recovery 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.

(e) 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 certificates 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 re-
corded among the proceedings of the Council.

(f) 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.

(g) Every judge of such election who shall wilfully
exclude any vote duly tendered, knowing that the person