sors in office. Each of said ballot boxes shall be circular in form, with a small opening in the top thereof, and enclosed in a square wooden frame with a lid to be fastened by three locks, no two of which can be opened by the same key; one of said keys shall be kept by each of the judges of the election last appointed, to be by them delivered to their successors in office. Should either of said judges die or remove from their precinct meantime, the key held by him shall be surrendered to the county clerk and recorder, to be by him delivered to the successor of such judge of election. The said ballot boxes shall be, by the clerk and recorder of the respective counties, delivered to the judges of election within three days immediately preceding any general or special election, to be by him used and returned as hereinafter provided.

Sec. 24. The said judges of election shall choose two persons having similar qualifications with themselves to act as clerks of election; and the said clerks of election may continue to act as such during the pleasure of the judges of election.

Sec. 25. If any person appointed to act as a judge of election as aforesaid, shall neglect or refuse to be sworn or affirmed, or to act in such capacity, the place of such person shall be filled by the votes of such qualified electors residing within the precincts as may then be present at the place of election, and the person or persons so elected to fill such vacancy or vacancies shall be and are hereby vested with the same power as if appointed by the board of county commissioners.

Sec. 26. Previous to any votes being taken, the judges and clerks of the election shall severally take an oath or affirmation in the following form, to-wit: "I, A. B., do solemnly swear (or affirm) that I will perform the duties of judge (or clerk, as the case may be), according to law, and the best of my ability; that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the same, and that I will not try to ascer tain, nor will I disclose, how any elector voted, if, in the discharge of my duties as judge (or clerk, as the case

may be), knowledge shall come to me as to how any elector shall have voted, unless called upon to disclose the same before some court of justice."

Sec. 27. In case there shall be no judge, justice of the peace, or other person qualified by law to administer an oath, present at the opening of the election, to administer the oath mentioned in the preceding section, it shall be lawful for the judges of election, and they are hereby empowered to administer the oaths or affirmations to each other, and to the clerks of the election, and the person administering such oaths or affirmations shall cause an entry thereof to be made and subscribed by him, and prefixed to the poll books.

Sec. 28. Whenever it shall become impossible or inconvenient to hold an election at the place designated therefor, the judges of election, after having assembled at or as near as practicable to such place, and before receiving any vote, may adjourn to the nearest convenient place for holding the election and at such adjourned place forthwith proceed with the election.

Sec. 29. Upon adjourning any election, as provided in the preceding section, the judges shall cause proclamation thereof to be made, and shall station a constable or some other proper person at the place where the adjournment was made from to notify all electors arriving at such place of adjournment and the place to which it was made.

Sec. 30. If any elector shall vote more than once, or having voted once, shall offer to vote again at any election, or shall offer to deposit in the ballot box at any election more than one ballot, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding one hundred dollars or imprisoned in the county jail not exceeding sixty days.

Sec. 31. The judges of election, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as they may be applicable:

First-That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.

Second-A person shall not be considered or held to have lost his residence who shall leave his home and go into another state, territory or county of this state for temporary purposes merely, with an intention of returning.

Third-A person shall not be considered or held to have gained a residence in this state, or in any county in this state, when retaining his home or domicile elsewhere.

Fourth-If a person remove to any other state, or to any of the territories, with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in this state.

Fifth-If a person remove from one county, precinct or ward in this state to any other county, precinct or ward in this state, with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in the county, precinct or ward from which he removed.

Sec. 32. If a person offering to vote be challenged as unqualified, by one of the judges of election, or by any elector, one of the judges shall tender to him the following oath or affirmation: "You do solemnly swear (or affirm), that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector at this election;" First-If the person be challenged as unqualified, on the ground that he is not a citizen, and will not exhibit his papers pertaining to his naturalization, the judges, or one of them, shall put the following questions: "FirstAre you a citizen of the United States? Second-Are you a native, or unnaturalized citizen? and if neither, have you declared your intention to become a citizen, conformably to the laws of the United States, on the subject of naturalization, at least four months previous

to to-day? Third-Have you become a citizen of the United States by reason of the naturalization of your parents, or one of them? Fourth-Where were your parents, or one of them naturalized?" If the person offering to vote claims to be a naturalized citizen of the United States, or that he has, four months previous to the election, declared his intention to become such, he shall state, under oath, where and in what courts he was naturalized. Second-If the person be challenged as unqualified, on the ground that he has not resided in this state for six months immediately preceding the election, the judges, or one of them, shall put the following questions: "First-Have you resided in this state for six months immediately preceding this election, and during that time have you retained a home or domicile elsewhere? Second-Have you been absent from this state within six months immediately preceding this election? Third-If so, when you left, was it for a temporary purpose, with the design of returning, or did you intend remaining away? Fourth-Did you, while absent, look upon and regard this state as your home? Fifth-Did you, while absent, vote in any state or territory?" Third -If the person be challenged on the ground that he has not resided in the county ninety days, or in the precinct or ward ten days, one of the judges shall question him as to his residence in the county, precinct or ward, in a manner similar to the before-mentioned method of questioning a person as to his residence in the state. Fourth-If the person be challenged as unqualified, on the ground that he is not twenty-one years of age, the judges, or one of them, shall put the following question: "Are you twenty-one years of age, to the best of your knowledge and belief?" The judges of election, or one of them, shall put all such other questions to the person challenged, under the respective heads, aforesaid, as may be necessary to test his qualifications as an elec tor at that election.

Sec. 33. If the person challenged as aforesaid shall refuse to answer fully any question which shall be put to him as aforesaid, the judges shall reject his vote.

Sec. 34. If the challenge be not withdrawn after the person offering to vote shall have answered the questions put to him as aforesaid, one of the judges shall tender to him the following oath: "You do solemnly swear (or affirm) that you are a citizen of the United States (declared your intention of becoming such at least four months previous to this election), of the age of twenty-one years that you have been a resident of the state for six months next preceding this election, and have not retained a home or domicile elsewhere; that you have been for the last ninety days, and now are, a resident of this county; that you have been for the last ten (10) days, and now are, a resident of this precinct (or ward, as the case may be), and that you have not voted at this election."

Sec. 35. If any person shall refuse to take the oath or affirmation so tendered, his vote shall be rejected; Provided, That after such oath shall have been taken the judges may nevertheless refuse to permit such person to vote if they shall be satisfied that he is not a legal voter.

Sec. 36. Whenever any person's vote shall be received, after having taken the oath or affirmation prescribed in section forty (40) of this act, it shall be the duty of the clerks of the election to write on the poll books at the end of the person's name, "sworn."

Sec. 37. It shall be the duty of any judge of election to challenge any person offering to vote whom he shall believe not to be qualified as an elector.

Sec. 38. It shall be the duty of the judges of election, immediately before proclamation is made of the opening of the polls, to open the ballot box in the presence of the people there assembled and turn it upside down so as to empty it of everything that may be in it, and then lock it securely; and it shall not be reopened until for the purpose of counting the ballots therein at the close of the election.

Sec. 39. For the preservation of order, as well as the securing of judges and clerks of the election from