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ship meeting.

tute some other elector of such township for each one so neglecting or refusing to serve. Notice of the time and place Notice of of such meeting, signed by the chairman or clerk of the board fixing townof supervisors, shall be posted in four of the most public places in such new township, by the persons so designated to preside at such meeting, or by some person appointed by such board of supervisors for that purpose, and in each of the townships whose boundaries may have been altered by the erection of such new township, at least fourteen days before holding the same. They shall also fix the place for holding Place of holdthe first township meetings in the town or towns from which ing first township meeting. such new township shall be taken, which shall also be stated in the notice posted in such last named township; but nothing in this act shall affect the rights, or abridge or enlarge the term of office of any town officer except justice of the peace, in any such township; but such township officer other than justice of the peace, residing within the limits of such new township, shall continue to be such officer in such new township, till the expiration of the time for which he was elected, in the same manner as if originally elected therein; and the terms of office of all township officers except justices of the peace elected at such first township meeting, shall expire on the first Monday of April thereafter, or as soon thereafter as their successors are elected and qualified.

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officers for

(402) § 11437. SECTION 1. If any officer on whom any Punishment of duty is enjoined by law relative to general, special, township wilful neglect or charter elections, or the canvassing or return of votes given of duty. at any election, shall be guilty of any wilful neglect of such duty, or of any corrupt conduct in the execution of the same, he shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by fine not exceeding one thousand dollars, or imprisonment in the state prison not exceeding three years.

Wattles v. People, 13/449; People v. Swift, 59/543.
Information held good under this section.-People v. Clarke, 105/169.

for bribing an elector, etc.

(403) 11438. SEC. 2. If any person shall by bribery, Punishment menace, or any other corrupt means or device whatever, either directly or indirectly, attempt to influence any elector in giv ing his vote, or deter him from, or interrupt him in giving the same, at any election held pursuant to the provisions of

Punishment for illegal voting.

Penalty for counseling,

etc., any person not qualified to vote.

Punishment

for certain violations.

Duty of sheriff, etc.

law, such person shall on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court.

(404) § 11439. SEC. 3. Every person not a qualified voter, who shall, at any election, wilfully give in a vote for any officer then to be chosen; and every qualified voter who, at such election, shall vote or offer to vote in any township or ward in which he does not reside, or who shall vote or offer to vote more than once at the same election, either in the same or any other township or ward, or shall give in two or more votes folded together, shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court.

Criminal intent is a necessary element of the offense defined by this section; good faith being a defense to such prosecution.-People v. Osborn, 170/143.

(405) § 11440. SEC. 4. Every person who shall procure, aid or counsel any person not duly qualified to vote at the place where the vote is given or offered, to give or offer his vote at any such election, and every person who shall procure, aid, or counsel any person to go or come into any township or ward for the purpose of voting therein, at any election, knowing that such person is not duly qualified to vote in such township or ward, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished in the manner prescribed in the third section of this chapter. McDade v. People, 29/55.

(406) 11441. SEC. 5. Any person not duly authorized by law, who shall, during the progress of any election in this state, or after the closing of the polls, and before the ballots are counted, and the result ascertained, break open, or violate the seals or locks of any ballot box in which ballots have been deposited at such election, or who shall obtain undue possession of such ballot box containing such ballots, and conceal, withhold, or destroy the same, or who shall fraudulently or forcibly add to or diminish the number of ballots legally deposited, and all persons aiding or abetting therein, shall be adjudged guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the state prison for a term not exceeding ten years, or by a fine not exceeding one thousand dollars.

Drennan v. People, 10/173.

(407) § 11442. SEC. 6. It shall be the duty of every inspector of elections, sheriff, constable, and justice of the peace, knowing, or having reason to believe that an offense

punishable under the provisions of this chapter, has been committed, to cause the offender forthwith to be arrested, and to give information thereof to the prosecuting attorney without delay, and such prosecuting attorney shall adopt effectual measures for the punishment of all persons who shall violate the provisions of this chapter.

(408) § 11443. SEC. 7. It shall be the duty of all courts Courts to charge grand in this state, having cognizance of such offenses, at each term jury. thereof to charge the grand jury to make presentment of all offenses committed within their respective counties, against any of the provisions of this chapter.

BETTING UPON ELECTIONS.

An Act to preserve the purity of elections.

[Act 172, S. L. 1861.]

The People of the State of Michigan enact:

betting on

(409) § 11444. SECTION 1. That any person who shall, Penalty for either directly or indirectly, bet, wager, or hazard any money, election. or other property, upon the result of the election of any officer of this state, or of the United States, shall, on conviction thereof, be liable to a fine at least equal in amount to the amount of money or the value of the property so bet, wagered or hazarded: Provided, That in no case shall such fine be Proviso. less than five, nor more than five hundred dollars.

Buckley v. Saxe, 10/328.

BETTING UPON NOMINATIONS.

An Act to prevent betting upon the result of any political nomination, appointment, or election.

[Act 175, P. A. 1877.]

The People of the State of Michigan enact:

on election,

(410) 11445. SECTION 1. That any person who shall Selling pools keep any room or building for the purpose, in part or in etc., prowhole, of recording or registering bets or wagers, or of sell. hibited. ing pools upon the result of any political nomination, appointment, or election, and any person who shall record or Penalty for wagering register bets or wagers or sell pools on such result, or any money.

Penalty for wagering money, etc.

person who shall wager any property, money, or thing exceeding one hundred dollars in value on such result, or shall keep or employ any device or apparatus for the purpose of registering or recording bets or wagers, or the selling of such pools, shall be deemed guilty of a misdemeanor, and shall on [upon] conviction thereof be punished by imprisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment.

(411) 11446. SEC. 2. Any person who shall wager any property, money or thing not exceeding one hundred dollars in value, or shall become the custodian or depository of any money, property, or thing of value, staked, wagered, or pledged, upon the result of any political nomination, appointment, or election, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof be punished by imprisonment in the county jail not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.

Persons deemed guilty of bribery.

The offer or promise of office, etc.

BRIBERY.

An Act to maintain political purity.

[Act 190, P. A. 1877.]

The People of the State of Michigan enact:

(412) § 11447. SECTION 1. That the following persons shall be guilty of bribery, and shall be punished accordingly: First, Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer or promise any money or valuable consideration or promise or endeavor to procure any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting for any person, candidate or ticket at any public election in this state;

Second, Every person who shall, directly or indirectly, by himself or by any other person on his behalf give or procure, or agree to give or procure, or offer or promise any of fice, place, or employment, or promise to procure or to endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having

voted or refrained from voting for any person, candidate or ticket, at any such election;

ment of others

Third, Every person who shall, directly or indirectly, by The employhimself or by any other person on his behalf, make any gift, to corrupt loan, offer, promise, procurement, or agreement, as aforesaid, voters. to or for any person, in order to induce such person to procure or endeavor to procure the election of any person to any public office in this state, or the vote of any voter at any such election;

ceive gift, etc.

Fourth, Every person who shall upon, or in consequence of Who shall reany such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise or endeavor to procure the election of any person or persons to any public office or offices in this state, or the vote of any voter at any such election; Fifth, Every person who shall advance, or pay, or cause to Who shall adbe paid any money to, or to the use of, any other person, for bribery of with the intent that such money or any part thereof shall be a voter. expended in bribery at any such election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any such election.

vance money

violating pre

election ex

penses.

(413) § 11448. SEC. 2. Any person offending, according Penalty for to the provisions of the preceding section, shall be deemed ceding sec guilty of a misdemeanor, and on conviction thereof shall be tions. punished by a fine of two hundred dollars; but the bona fide Legitimate payment by any candidate for office or other person for the fair and reasonable cost of printing tickets and slips or pasters, and of advertising in the newspapers or by posters any political meeting, and the reasonable and bona fide expenses of holding such meetings and procuring speakers, and getting out the people to the same, of obtaining and distributing papers and tickets and of bringing voters out to the polls; shall be held to be expenses lawfully incurred, and the payment thereof shall not be a contravention of this act.

(414) § 11449. SEC. 3. The following persons shall also Others deemed guilty be deemed guilty of bribery and on conviction thereof shall of bribery. be punished as prescribed in the preceding section:

offers to vote

money, etc.

First, Every voter who shall, before or during any election, Person who directly or indirectly, by himself or by any other person on or refrain from his behalf, ask, solicit, receive, agree or contract for any voting for money, gift, loan or valuable consideration, office, place, or employment for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for any person, candidate, or ticket at any public election in this state;

after election

Second, Every person who shall after any election, directly Person who or indirectly, by himself or by any other person on his behalf. receives receive any money or valuable consideration on account of money, etc. any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting for any person, candidate, or ticket at any such election.

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