
    Albert G. Carle, Pltff in Error v. The People, Defts in Error.
    ERROR TO CHAMPAIGR.
    The proper mode of recovering a penalty from a person for voting, who does not possess the proper qualification, is by an action of debt.
    The facts of this case, are sufficiently stated in the opinion of the Court.
    A. Gridley and 0. Peters, for Pltff in Error.
    Ho indictment will lie against a person for voting, who is not qualified, but the remedy is by an action on behalf of the people to recover the penalty. Revised Stat., §20, ch. 88.
    The indictment is insufficient, because it does not show, that the election at which the voting took place was a legal election, or an election held in conformity to law: nor that the vote was received, or deposited in the ballot box, as required by the law of 1849; nor for whom he voted, whether for County officer or otherwise; nor that he knowingly, corruptly, or wilfully voted.
    
      McGuire v. The State; 7 Humph., 55; Lequat v. The People, 11 Ills., 330.
    The indictment does not show what was the want of qualification, whether non-age, non-residence, &c.
    D. Campbell, Dis-trict Atty., for the People,
    cited, Rev. stat, ch. 35, secs. 17, 20, 39, 40, 41; 2d Hawk’s, P. 0. ch. 25, §4; 1 Russel on Crimes, p. 9, 44, 47, 48, 49.-
   Treat, C. J.

The plaintiff in error was indicted and convicted, for voting at an election, without possessing the qualifications of a voter. The indictment was framed on the 20th sec. of the 37th chap, of the Revised Statutes, which reads thus: “If any person shall voto at any election, who is not a qualified voter, he shall forfeit and pay any sum not exceeding fifty dollars, nor less than twenty five, to be recovered in the same manner as other penalties under this chapter.” Upon a careful consideration of this section in connection with the other provisions of the chapter, we are clearly satisfied, that the penalty is not recoverable by indictment. By a reference to the other parts of the chapter, the intention of the Legislature will be apparent. There are five provisions in this chapter, in which penalties are imposed for the violation of particular duties connected with elections, in each of which it is declared, that the party offending, “shall forfeit and pay” a specified sum, “to be recovered by an action of debt.” The chapter also defines five distinct offences, which are punishable by indictment. Of one, it is provided that the offender “shall be fined, in the sum of one hundred dollars, to be recovered by indictment;” of three, “he shall be liable to be indicted,” and fined and imprisoned; and of the other, he “shall be liable to indictment,” and “fined in any sum not exceeding one thousand dollars.” The penalty in question falls directly within the first class of eases, and is recoverable in an action of debt, in the name of the People. The same language is employed in imposing this penalty, as in those for the recovery of which the action of debt is specifically given; and the direction as to the mode of recovering it, must be understood as ■referring to the remedy prescribed in these cases.

The judgment will be reversed.

Judgment reversed.  