Page:United States Statutes at Large Volume 18 Part 1.djvu/425

 Trrna xxvr.—THE ELECTIVE FRANCHISE. 353 Sec. 2007. Whenever under the authority of the constitution or laws What ¤h¤11¢¤tiof any State, or the laws of any Territory, any act is required to be done '°l"“P°"°°“'°"°**°· by a citizen as a prerequisite to qualify or entitle him to vote, the offer 31 May, 1870, c. of such citizen to perform the act required to be done shall, if it fail to 11% ¤· 3» V- 16» P- be carried into execution by reason of the wrongful act or omission of 140* the person or oftlicer charged with the duty of receiving or rmittin such performance or offer to perform, or actin thereon, be dleeemed and held as a performance in law of such act; and the rson so offering and failing to vote, and being otherwise qualified, shall be entitled to vote in the same manner and to the same extent as if he had in fact performed such act. Sec. 2008. Every judge, inspector, or other officer of election whose Penalty for duty it is to receive, count, certify, register, report, or give effect to the Y"°¤Kf¤11Y F€f¤¤· vote of such citizen, who wrongfully refuses or omits to receive, count, "‘$,_ t° "’°°"'° “ certify, register, report, or give effect to the vote of such citizen upon xL_ Tathe presentation by him of his affidavit, stating such offer and the time 31 M*Y· 1872 c- and place thereof, and the name of the officcr or person whose duty it  °‘ 3* V' l°* p' was to act thereon, and that he was wron fully prevented by such er- ` son or officer from performing such act, shall forfeit the sum of five Eundred dollars to the party aggrieved by such refusal or omission, to be recovered by an action on the case, with costs, and such allowance for counsel fees as the court may deem just. Sec. 2009. Every officer or other person, havin powers or duties of _For uniawfully an official character to discharge under any of the provisions of this h'“°1°"“8<‘P""¤°¤ Title, who by threats, or any unlawful means, hinders, delays, prevents, or obstructs, or combines and confederates with others to hinder, delay, 31 Mw. \879, c- prevent, or obstruct any citizen from doing any act required to be done lg S- ‘l• "· “’· P· to qualify him to vote, or from voting at any election in any State, Ter- lb June 1872 c_ ritory, district, county, city, parish, township, school district, munici— 415, g. 1, i,-. 17,,p, pality, or other territorial subdivision, shall forfeit the sum of five hun- 349 rod dollars to the person aggrieved thereby, to be recovered by an S,,€]€y,,_K00,, 2 action on the case, with costs, and such allowance for counsel fees as the Woods, 368. ’ i court may deem just. Sec. 2010. Whenever any person is defeated or deprived of his elec- iieniedy for detion to any office, except elector of President or Vice-President, Repre- P¤V¤**°¤ <>1°m<>6· sentative or Delegate in Congress, or member of a State le islature, by 31 May, 1870, c_ reason of the denial to any citizen who may offer to vote, og the right to 114, s. 23, v. 16,p. vote, on account of race, color, or previous condition of servitucha, his 146- right to hold and enjoy such office, and the emoluments thereof, shall not Ez pm-ic war. be impaired by such denial; and the person so defeated or deprived may mouth. 17 Wall., bring any appropriate suit or procee ing to recover possession of suc 64- oflice, and in cases where it a pears that the sole question touching the title to such office arises out of) the denial of the right to vote to citizens who so offered to vote, on account of race, color, or revious condition of servitude, such suit or proceeding may be instituted) in the circuit or district court or the United States of the circuit or district in which such person resides. And the circuit or district court shall have, concurrently with the State courts, jurisdiction thereof, so far as to determine the rights of the parties to such office by reason of the denial of the_ right guaranteed by the fifteenth article of amendment to the Constitution of the United States, and secured herein. [Sw is 508. 6211-1 Sec. 2011. Whenever, in any city or town having upward of twenty In citiescrtowns thousand inhabitants, there are two citizens thereof, or whenever, III} any gi EY? 2:1»00g¤¤· county or parish, in any congressional district, there are ten citizens u° ,1 Qzitzén thereof, of good standing, who, prior to any registration of voters for an pfjgation of ,,,,0 election for Representative or Delegpte in the Congress of the United citizens, thecircuit States, or prior to any election at w ich a Representative or Delegate in 1}***1:18 to 0P€¤ Congress is to be voted for, may make known, in writinlg,  the   "2+__ of the circuit court of the United States for the circuit w erexn suc _ city 28 Feb-, 1871%; or town, county or parish, is situated, their desire to have such registra- 99,% §h‘;g°ig’,; c' tion; or such election, or both, guarded and scrutinized, the judge, within ‘l5’ ,,_ l_ {._ U,',,: not less than ten days prior to the registration, if one there be, or, if no 348.