certain ballots. each person voted for, in the same way as they are now required by law to do in elections held for such representatives. Said board shall not count, nor in any way estimate, Shall not count any ballot that has on it any distinguishing mark, other than as provided for in section five; nor shall any ballot be counted which has on it the name of more than one person for the same office. § 9. After said ballots are counted, they shall be carefully bound up in bundles, so that those from each precinct or voting place shall be separate from those from the others, and shall be delivered to, and preserved by, the county clerk, in the same way that poll-books are required to be preserved, for the period of two years at least. The boxes shall be delivered to the county clerk, who shall preserve them for use at the succeeding elections. § 10. In all respects where the same are applicable, all laws of this Commonwealth pertaining to elections are expressly made to apply to the elections provided for in this article, whether such laws provide for the punishment of offenses or otherwise, provided they are not in conflict with the provisions of this article. 11. Any person or persons violating any of the provisions of this article in regard to the conducting of such election, or if any officer of the election, or sheriff or member of the board of examiners, or county court clerk, shall fail faithfully to discharge all his duties hereunder, he or they shall, on conviction thereof, be fined not less than fifty nor more than five hundred dollars. After being count ed, shall be bound up in bundlesarately-and pre each precinct sep served by clerk. Laws applicable applicable to this to other elections article. Penalty for vio lating this article, or neglect of duty. ing ballot-box. tering ballot. § 12. And if any person or persons shall be guilty of un- Unlawfully openlawfully or fraudulently or corruptly opening, or attempting to open, one or more of the said boxes while they are by this act required to be kept locked or sealed; or if any Changing or alperson or persons shall be guilty of changing, or attempting to change, or alter any ballot that has been deposited in the Destroying ballot box aforesaid; or if any person shall be guilty of fraudulently or knowingly destroying any one of said ballots before they are counted by the examining board; or if any Forcibly inspectperson or persons shall forcibly, and against the will of a voter, and before he has voted, inspect and look at the ballot of such voter, so as to see the name of the person for whom he intends to vote, as shown by such ballot, every such person guilty as aforesaid shall be fined not less than two hund GEN. STAT.-26 ing ballot. Unlawfully re- red nor more than one thousand dollars. And any person moving ballot. rying away said boxes. said boxes to the County clerk. or persons who shall unlawfully remove, or attempt to remove, or take from any of said boxes, one or more of the Taking and car ballots deposited therein; and any person who shall unlawfully take and carry away from the proper custody, or who shall attempt to take and carry away, one or more of said boxes from the proper custody and place of keeping thereof; Failing to deliver and any person, being an officer of the election, who shall fraudulently fail to deliver said boxes, with the ballots therein, to the county clerk, within the time allowed by law, every person thus offending shall, on conviction thereof, be fined not less than two hundred nor more than one thousand dolFraudulently in lars; and any person or persons who shall fraudulently and wrongfully put or insert one or more ballots, or papers intending to represent ballots, into any one or more of the boxes mentioned in this act, at any time before the counting of the ballots is concluded and completed by the board for examining the polls, and their certificate made out, on conviction thereof shall, for each fraudulent and wrongful act, be fined not less than two hundred dollars nor more than one thousand dollars. Sorting ballots. nounce name of § 13. When an elector shall offer his ballot to the judges Shall audibly an of election, it shall be the duty of the sheriff to announce, in an audible voice, the name of the elector who offers his ballot. voter. Acts 1872, 48. Opening pollbook. 14. No poll-book of any election shall be opened, or the seal or envelope thereof broken, before the comparing board, or a majority of them, meet to compare the pollPenalty therefor. books and certificates. Any county clerk or other person violating this section shall be fined from fifty to five hundred dollars, or imprisoned in the jail not less than three nor more than six months, or both. Acts 1963-4, 64. cuit court may CHAPTER 34. ELISOR. § 1. If, at any time, the office of sheriff is vacant in any iff is vacant, cir- county of this Commonwealth, in which a circuit court is appoint some per being, or about to be held, it shall be lawful for the circuit judge to appoint some suitable person (a citizen of the county) to act as elisor. Power and authority is hereby son to act as elisor. His power and authority. conferred upon such elisor to do and perform all acts and duties which are by law devolved upon sheriffs, in regard to the summoning grand and petit jurors, and a general attendance upon court. The elisor shall continue to act as such during the term of the court, and may, by consent of court, appoint assistants. § 2. Before entering upon his duties, the elisor shall take Oath. the oath prescribed by law for sheriffs, on the subject of summoning jurors. He shall be allowed three dollars per Pay. day for each day he may act, to be paid out of the Treasury. CHAPTER 35. ESCAPES. R. S., 457. Warrant to be is sued on affidavit. ed. Cause of commit ment to be men § 1. If any person rendered or charged in custody, in execution or on mesne process, or by any order of a judge or chancellor, made in or out of court, shall escape therefrom, or from the officer having him in custody, any magis- To whom dircottrate, upon complaint and affidavit made of the fact, shall issue as many warrants for his recapture, directed to all sheriffs and constables, and other officers within this State, as he may deem necessary. The cause of the person's commitment shall be mentioned in said warrant. Sheriffs, constables, and other like officers shall be also commanded to recapture the prisoner, and forthwith to convey and commit. him to the prison of that county whence he escaped, to be there safely kept until discharged by due course of law. The warrant, with the proper indorsement thereon, shall be returned by the proper officer to the clerk of that court having jurisdiction of the cause for which the prisoner was in custody. § 2. If the prisoner was in custody by virtue of execution or final process when he escaped, he shall remain in close jail, without bail or mainprize, until he shall satisfy the said demand, or until the judgment or decree shall be reversed, or he be discharged by due course of law. tioned in warrant Duty of officer. Warrant to be re turned to clerk of court having jurisdiction. When escape is on execution. from custody up § 3. If the prisoner was in custody by mesne process or when on mesuc other original procedure, he shall remain in confinement, after his capture, until released by due course of law. process. § 4. If the prisoner was in custody on a charge of trea- When for trea son, felony, breach of the peace, or misdemeanor, he shall, son, felony, etc. cers. upon being recaptured, be conveyed, by the officer who apprehends him, to the jail of the county from which he escaped, and there remain confined until discharged by due course of law. $5. Officers and their sureties shall be liable, in an action. Liability of offi- upon their official bonds, for the use of the parties aggrieved, for the voluntary or negligent escape of a prisoner in custody, for the damages sustained. No judgment in such action shall be given, unless the jury shall, by their verdict, find "that the escape was with the consent of the officer, or by his negligence, or that such prisoner might have been retaken if the officer had, in good faith, made proper efforts to do so." § 6. If any person shall aid a prisoner to escape, or shall Liability for aid- knowingly conceal him after he escapes, or in any way hinder or prevent his recapture, he shall be liable to the party aggrieved for such damages as he may have sustained. ing in escape. 1 R. S., 458. Failure of heirs. eight years. CHAPTER 36. ESCHEATS AND ESCHEATORS. ART. 1. When estate escheats for failure of heirs or person to take. When Estate Escheats for failure of Heirs or Persons to take. § 1. That part of the estates, not disposed of by will, of persons who have died, or may hereafter die in this Commonwealth, without heirs or distributees entitled to the same, shall vest in the Commonwealth without office found, subject to the debts and liabilities of the decedent. § 2. That part of the estates of such persons who have If not claimed in died, or may hereafter die, which has been or may hereafter be devised to any person, who, or any heir, or distributee or devisee of his, or of the testator, has not claimed the same or shall not claim the same within eight years after such death, shall, in like manner, vest in the Commonwealth. §3. The personal representatives of persons named in the Duty of personal first section, whose estates or a part of whose estates are not disposed of by will, shall settle their accounts within one representative. year after qualifying as such, and pay over to the Treasurer of the Commonwealth the proceeds of the personalty, first deducting the proper legal liabilities of the estate. 1. If the whole personal estate cannot be settled and the accounts closed within a year, the settlement shall be made and the proceeds paid over to the Treasurer as far as practicable, and the residue shall be so settled and paid over as soon thereafter as it can be properly done. renied. 2. The personal representative shall take possession of the Real estate to be surplus real estate of the deceased, not disposed of by his will, and rent out the same from year to year until it is otherwise legally disposed of, and pay the net proceeds into the Treasury annually. re turned to the Auditor. 3. He shall also make out and transmit to the Auditor of Description Public Accounts a description of the quantity, quality, and value of such real estate, and its probable annual profits. ARTICLE II. Agents to be Appointed. § 1. The Auditor of Public Accounts shall appoint an R. S., 459. agent for the Commonwealth in each county. 1. Before the agent so appointed shall enter on the duties of his office, he must give bond and good surety, to be approved by the county court of his county, for the faithful discharge of his duty; and said bond shall be renewed every two years, and oftener if required by the Auditor; a certified copy of which bond shall be sent by the clerk of the court to the Auditor. Auditor to point agent. ap Bond to be given every two years and sent to the Auditor. sion and manage 2. It shall be the duty of the agent to take into his pos- To take possessession and manage estates, and the profits thereof, which the estate. may be devised and not claimed within eight years, as provided for in the first article of this chapter. personal repre 3. Also, to bring the personal representatives to a settle- To settle with ment, and to an account for all such estates as are therein sentative. provided for. Auditor. 4. Also, to make report to the Auditor of the amount, To report to the quantity, quality, and value of such estates, and of the annual profits thereof. 5. He shall also, under written directions from the Auditor, sell any estate or property which may so come to his possession, on such credit as the Auditor may direct, taking good security for the payment of the sale money; which sales he shall report in due time to the Auditor. Shall sell under directions of the Auditor. |