be punished by imprisonment in the county jail not more than thirty days nor less than ten days, or by fine not exceeding one hundred dollars nor less than twenty-five dollars, or by both such fine and imprisonment.

355. Neglect to deliver statement of canvass. [Sec. 4544f, Statutes of 1898.] Any person who shall accept from any board of election inspectors the statement of the canvass of the votes prepared by them for the delivery thereof to the proper town, city or village clerk as required by law, and who shall fail to deliver the same or cause its delivery to be made to the proper clerk within forty-eight hours after accepting the same for that purpose, without sufficient excuse for such failure, shall be punished as is provided in the last preceding section.

356. Such neglect by officers and messengers. [Sec. 4544g, Statutes of 1898.] Any chairman of any board of election inspectors, or any inspector appointed by him to deliver to any town, city or village clerk any statement of the result of the canvass of any votes made by such board or any duplicate of the same to be delivered to any county clerk, who shall fail or neglect to deliver such statement to the proper town, city or village clerk forthwith, or to deliver such duplicate statement to the proper county clerk within two days after the election as required by law; any messenger sent by any board of canvassers for election returns or with such returns for the correction thereof, who shall wilfully fail to perform that duty or who shall unlawfully keep back or fail to deliver any returns so intrusted to him, shall, in addition to any other punishment provided by law for withholding, suppressing, destroying or failing to deliver such returns, be punished by imprisonment in the county jail not more than thirty days nor less than ten days, or by fine not exceeding fifty dollars nor less than twenty-five dollars, or by both such imprisonment and fine.

357. Neglect and fraud in conducting elections. [Sec. 4545, Statutes of 1898.] Any inspector of elections who shall, after the polls are open to receive votes, put into any ballot-box any vote, other than his own or the vote of another lawfully received, or who shall receive or consent to the reception of the vote of any person, knowing that such person has not the requisite qualifications and residence of a legal voter, or of

any person who shall refuse to make the oath or affirmation required by law or to answer any proper question put to him in respect to his qualification or residence as a voter, or who shall refuse or wilfully neglect or sanction the refusal or wilful neglect of another inspector to put such proper questions or administer such oath or affirmation to any person offering to vote; or any member of a board of registry who shall register the name of any person as a legal voter in any election district or consent to such registration, knowing that such person has not the requisite qualifications to entitle him to be registered in such district, or when such person shall have refused to take the oath or affirmation required by law or to answer the questions put to him in respect to his qualifications to be registered in such district, or who shall refuse or wilfully neglect to put such questions or administer such oath or affirmation to such person; or any inspector or clerk of elections who shall knowingly make, assist in making or cause to be made any false statement or return of the votes cast at any election, or who shall wilfully alter or destroy any registration list, poll-book or return of said votes, or who shall refuse or wilfully neglect to make any statement, canvass, certificate or return of said votes as required by law; or any inspector, member of any board of registry, member of any board of canvassers, or any officer or other person from whom any duty or service is required by law in respect to any election, who shall refuse or wilfully neglect to perform such duty or render such service, or who shall wilfully violate any provision of law or be guilty of any fraud in respect to any election shall be punished by imprisonment in the state prison not more than three years nor less than one year, or in the county jail not more than one year, or by fine not exceeding five hundred dollars, except as is otherwise provided in these statutes.

Person not having qualifications of elector. As used in sec. 42, ch. 169, R. S. 1858, these words meant any person disqualified, incapacitated or disentitled to vote from any of the causes fixed by law, and referred to the condition at time vote received: Byrne v. State, 12 Wis. 519.

Duties and liabilities of inspectors. Inspectors acting in a quasijudicial capacity and discharging their duty in good faith are not criminally liable for errors of judgment or mistakes of law: Byrne v. State, 12 Wis. 519.

Persons offering to vote and taking prescribed oath must be perImitted to do so: Gillespie v. Palmer, 20 Wis. 544. Action lies against inspector for unlawfully refusing to receive vote, though without malice: Ibid.

Any

358. Deceiving elector. [Sec. 4546, Statutes of 1898.] person who shall furnish an elector who cannot read with a ticket, informing him that it contains a name or names different from those which are written or printed thereon, with intent to induce him to vote contrary to his inclination, or who shall fraudulently or deceitfully change a ballot of any elector, by which such elector shall be prevented from voting for such candidate or candidates as he intended, or who shall fraudulently put any ballot or ticket into the ballot-box shall be punished by imprisonment in the state prison not more than three years nor less than one year, or by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

359. Parade of national guard. [Sec. 4547, Statutes of 1898.] Any officer or other person who shall call out or order any of the Wisconsin national guard for instruction, review or parade in any county on any day during which any election shall be held therein or within five days before such election, except in case of riot, invasion, insurrection or imminent danger thereof, shall be punished by fine not exceeding one hundred dollars.

360. Breaking ballot box, etc. [Sec. 4548, Statutes of 1898.] Any person not 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 unlawful possession of such ballot-box containing such ballots, or shall conceal, withhold or destroy the same, or who shall wilfully, fraudulently or forcibly add to or diminish the number of ballots legally deposited in said ballot-box, or any person who shall aid or abet in so doing shall be punished by imprisonment in the state prison not more than three years nor less than one year, or by fine not exceeding three thousand dollars nor less than one thousand dollars.

361. Penalty if none prescribed. [Sec. 4635, Statutes of 1898.] Any person who shall be convicted of any offense the punishment of which is not prescribed by any statute of this state shall be punished only by imprisonment in the county jail not more than one year or by fine not exceeding two hundred and fifty dollars.

Declaration, where made, 370.

Aliens honorably discharged from military service, 371.
Aliens honorably discharged from the navy, 372.

Minor residents, 373.

Widow and children of declarant, 374.

Persons of African nativity, etc., 375.

Residence, 376.

Alien enemies, 377.

Children of naturalized persons, 378.

Police court of the D. C. 379.

Naturalization of seamen, 380.
Chinese, 381.

CITIZENSHIP.

362. Native born persons. [Sec. 1992, R. S. of U. S.] All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.

363. Children born abroad. [Sec. 1993, R. S. of U. S.] All children heretofore born or hereafter born out of the limits and

jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.

364. Married women. [Sec. 1994, R. S. of U. S.] Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized shall be deemed a citizen.

365. Persons born in Oregon. [Sec. 1995, R. S. of U. S.] All persons born in the district of country formerly known as the territory of Oregon, and subject to the jurisdiction of the United States on the eighteenth of May, one thousand eight hundred and seventy-two, are citizens in the same manner as if born elsewhere in the United States.

366. Forfeiture of rights. [Sec. 1996, R. S. of U. S.] All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost marshal within sixty days after the issuance of the proclamation by the president dated the eleventh day of March, one thousand eight hundred and sixty-five, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof.

367. Exceptions to the foregoing. [Sec. 1997, R. S. of U. S.] No soldier or sailor, however, who fahfully served according to his enlistment until the nineteenth day of April, one thousand eight hundred and sixty-five, and who without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred under the preceding section, by the loss of citizenship and of the right to hold office in consequence of his desertion.

368. Avoidance of draft. [Sec. 1998, R. S. of U. S.] Every person who hereafter deserts the military or naval service of

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