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MANDAMUS

to compel election, when granted, 624, 631.
to restore member, ousted without notice, 646.

MILITARY POWER

interference of, with freedom of election, 603-5.

MINORITY

election by minority vote, when valid, 126, 130, 133.
MORAL LAW

how far binding on law-makers, 5, 29, 85, 87-8, 200.
NATURALIZATION

certificate of, conclusive on election officers, 98, 105.
powers of court of nisi prius, 98, 106.

history of elections of 1868 in Philadelphia, 103-5.
effect of certificate of, 105-6.

parent's, how proved, 106.

rights of naturalized citizens, as voters, 106.

NATURAL RIGHTS

what are, 88-9.

right to pursue a particular calling, 89.

do not include the right of suffrage, 90.

NEXT TERM

NOTICE

jurisdiction does not fall, by omission to decide at,
527, 533, 546.

effect of want of, on an election, 450, 679, 684.

OATH. See AFFIDAVIT.

valid, though not taken on the Gospels, 437.

neglect of officers to take, will not vitiate the election,
438.

ORGANIZATION

OUSTER

of municipal legislative bodies, 632.

interference with, restrained by injunction, 632.

of member, without notice, illegal, 646.

mandamus will lie, to restore, 646.

otherwise, where there has been a trial on notice, 646.

PENAL LAWS

to be strictly construed, 71.

PETITION

requisites of, to contest an election, 320, 334–6, 351,

467, 550.

if defective, will be quashed, 320, 335, 466.

how verified, 336.

must be signed, 336.

petitioners will not be allowed to withdraw, 336.
may be amended, 337.

affidavit, when sufficient, 538.

PETITIONERS

PLACE

PEOPLE

POLLS

are competent witnesses, 366, 465.

electors must vote at their place of residence, 214.
an essential element in the right of suffrage, 251, 257.
of the essence of a legal election, 450.

the source of sovereign authority, 5.

what laws may be submitted to a vote of the people,
18, 26.

qualified voters constitute the, 93.

may be rejected, when held at a wrong place, without
necessity, 251.

and when opened at a much later hour than prescribed
by law, 251.

PRESUMPTION

in favor of acts of election officers, 98.

in favor of legality of the vote of an alien born, 106,
385, 410, 413.

rebutted by primâ facie evidence of want of naturali-
zation, 385, 411.

that ballots have not been tampered with, will over-
come that of correctness of the official returns,
483.

PRIVILEGE

of electors from arrest, 277.

trespass will not lie for violation of, 277.

extent of, 280-1.

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illegal votes not to be taken from majority candidate,
unless cast for him, 236, 249, 492, 558.

QUALIFICATIONS

federal, only extend to race or color, 65.

proof of electors', how made, 152, 188, 189, 388, 403.
decision of inspectors, not conclusive on questions of,
385, 404-5.

effect of receipt of vote, without proof of, 452.

of borough electors, not obligatory as to voters for
general officers, 455.

QUORUM

what is a quorum, 130.

presence of, how shown, 130.

QUO WARRANTO

not a writ of right, 144, 664.

relator must have an interest, 146, 289, 664.

defeated candidate has no interest, 147.

must be brought during the term of the office, 274.
pleadings in, 301–2.

jurisdiction in, not ousted by special remedy to con-
test an election, 480, 663; contrà, 656, 663.
will lie, when there was no vacancy to be filled, 659.
who is a proper relator, 664.

RECORDER

power of, to administer oaths, 544.

is a judge, 689.

must be elected, 685.

RECOUNT

when granted, in contested election case, 360, 365.

REGISTER

when evidence of qualification, 64.

REGISTRY LAWS

not unconstitutional, 51, 595.
requisites of valid, 58, 61, 62.

effect of, 64.

practice under, 64.

inspectors may reject vote of disqualified person,
though on the registry, 695.

REHEARING

power to grant, after affirmance in appellate court, 558.

REJECTION

of entire polls, when allowable, 251, 493, 501-3, 681.
interference of stranger, not cause of, 268, 452.
for adoption of an erroneous rule of qualification,
450, 455.

time and place of the essence of an election, 450.
neglect of directory provisions, not cause of, 449, 453.
in case of rejection of the poll, proof of legal votes
may be made, 493.

REMOVAL

of residence, effect of, on rights of elector, 50, 236.
RESIDENCE

qualification of, in electors, 107, 172, 187, 189, 223,
236, 480.

what is such, as to qualify a voter, 109, 113, 480.
must be in the election district, 109-10, 223.

means the same as domicil, 112, 113, 468.

must be permanent, 113, 470, 473.

change of, 113, 236, 470.

how acquired, 113, 236, 410, 468, 478.

when lost by appointment to office, outside the district,

143, 479.

powers of election officers in reference to question of,

468, 478.

may be acquired by persons in the military service, 480.

RETURN JUDGES.

RETURNS

See CANVASSERS.

evidence, in case of contest, 288.

having been once canvassed, not open for reconsidera-

tion, 307, 313.

RETURNS-Continued.

conclusive, in a collateral suit, 307, 313.

effect of, in a direct proceeding to contest the election,
313, 435.

when conclusive on canvassers, 423.

not conclusive on county commissioners, in ward
election, 582.

SOLDIERS

cannot be empowered to vote outside the district of
their residence, 214, 236.

SPEAKER

right of, to vote, 300.

SPECIFICATIONS

insufficient, will be stricken out, 335, 351, 359, 360,
477.

when sufficient, 351, 359.

when motion to strike out, must be made, 360.

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cannot be passed by the two houses in joint conven-
tion, 22.

construction of, 72, 77.

SUPERSEDEAS

TAXES

of commission, must be by new appointment, 142.

payment of, to qualify an elector, must be assessed

on him individually, 114.

need not be a poll-tax, 114, 124.

assessment of, 116, 124.

elector may pay one of several, as a qualification, 125.
payment of, by a third person, 125.

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