Page:Federal Reporter, 1st Series, Volume 6.djvu/260

 248 FEDZBAL BEFOBTEB. �Capitation Tax— Patment bt Another— Constitution of Vnu eiNiA, ART. 3, i 1— Penal Code of Vieginia, e. 8, i 26. �An amendment to the constitution of the state of Virginia (article 8, { 1) proTided that in orc^er to entitle a citizen to vote " lie shall have paid to the state, before the day of election, the capitation tax required by law for the preceding year ; " and the Penal Code (chapter 8, i 26) provided that " if any person, directly or indirectly, give to a voter in any election any money, goods, or chattels, or pay his capita- tion tax, under an agreement, expreased or implied, that such voter Bhall give his vote for a particular candidate, such person shall ba punighed by a fine of not less thau $20 nor more than $100 ; and the voter receiving such money, goods, or chattels, or having his capita- tion tax paid in pursuance of such agreement, shall be punished in like manner with the person giving the same." Seld, that the pay- ment of such capitation tax by another qualified the citizen to vote, wbether the Penal Code had been violated or not. — [£d. �The indictment set out that the defendants were judges of election for the third ward precinct of the town of Man- chester, at an election held on the second of Norember, 1880, for choosing, amongst other officers, a representative in Con- gress from the third district of Virginia, and charged that they did, at said precinct, in said election, "unlawfully neg- lect and refuse to perform a certain duty required of them by the laws of the United States and of the state of Virginia," in this: that they refused to receire, give effect to, etc., the votes of John Burton and 12 other persons who are particu- larly named in the indictment. By an amendment of the constitution of Virginia in the first section of its third article, adopted in the year 1877, it was provided that besides the qualifications before required to entitle a citizen to vote, "he shall have paid to the state, before the day of election, the capitation tax required by law for the preceding year." By the seventh section of chapter 43 of the Code of Virginia, deiining how money shall be paid into the state treasury, ii is provided, among other things, that after the amount paid shall have been lodged in a bank, and a certificate of the fact delivered to the treasurer, "the treasurer shall giye a receipt for the sum so paid; and upon the same being delivered to the auditor * * * he shall grant a receipt therefor." And the Penal Codeof Virgina, adopted March 14, 1878, pro- vides in section 26 of chapter 8 that— ��� �