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are by law directed to be made ; that the certificates of the returns of the said votes shall be recorded by the clerks of the several towns and counties, and transcripts thereof shall be certified, and be transmitted to the secretary of this state, at the same time, and in the same manner as certificates of the votes for senators are now by law required to be recorded, transcribed, and transmitted to the secretary of this state;
that the said transcripts received by the secretary of this state as aforesaid, shall remain in his office of record, and the votes so given shall be canvassed at the same time, by the same persons, and in the same manner, and the result thereof shall be published as is prescribed by law, in relation to the election of senators.
IV. And be it further enacted, That if it shall appear by the said canvass, to be made as aforesaid, Duty of canthat a majority of the ballots or votes, given in, and returned as aforesaid, are for No Convention, then and in such case, the canvassers are hereby required to certify and declare that there shall be no further proceedings under this act, in relation to the calling of a convention. But that if it shall appear by the said canvass that a majority of the ballots or votes are for a Convention, that then and in such case, the canvassers shall certify and declare that a convention will be called accordingly, and that a copy of the said certificate shall be transmitted, by the secre. And of the setary of this state, to the sheriffs of the respective cities and counties of this state, and shall be by them published, and copies delivered to the supervisors of the several towns, within the respective counties, in the same manner as notices for the election of senators are now by law required to be published and de. livered.
V. And be it further enacted, That in case the said Delegates when canvassers shall certify and declare a majority of such ballots or votes to be for a Convention, it shall and
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may be lawful, and it is hereby recommended to the citizens of this state, on the third Tuesday of June next, to elect, by ballot, delegates to meet in convention, for the purpose of considering the constitution of this state, and making such alterations in the same as they may deem proper; and to provide the manner of making future amendments thereto.
VI. And be it further enacted, That the number of delegates to be chosen shall be the same as the number of members of assembly, from the respective cities and counties of this state ; and that the same qualifications for voters shall be required on the election for delegates, as is prescribed in the first section of this act, and none other; and that the oath prescribed in the second section of this act shall be likewise taken by all the voters under this section, if re
quired; and that all persons entitled to vote by this Who are eligi: law for delegates, shall be eligible to be elected; and
that the election for such delegates shall be held at such places as the inspectors, hereinafter-mentioned,
shall for that purpose notify, and shall take place When and how on the said third Tuesday of June next, and shall
continue and be held on that day, and on the two
to be chosen.
near as may be, in the manner prescribed by law, in cases of elections for members of assembly, except that none of the oaths herein-mentioned shall be ad. ministered to any elector; and that, at the final close of the poll, the ballots for delegates shall be canvassed, and disposed of, and the names of the persons voted for as delegates, and the number of votes given for each person respectively, shall be certified, and the certificates thereof filed and returned, in the manner and at the times now directed by law, respecting votes for members of assembly; and that the clerks of Duty, of county the respective towns and counties of this state shall enter of record the said certificates, in books to be provided by them for that purpose ; and that the clerks of the respective counties shall thereupon, and within ten days after such certificates shall be returned as aforesaid, calculate and ascertain the whole number of votes given for the respective candidates, voted for as delegates for such county ; and shall determine, conformably to the said certificates of the said inspectors, upon the person or persons duly elected by the greatest number of votes as delegates for such county ; which determination shall be entered of record, in the office of such clerk, and such clerk shall cause a certificate of such election to be given to each person so found to be elected as a delegate, within fifteen days after such determination; and shall also transmit a copy of such determination to the office of the secretary of this state, there to be filed and remain of record ; and that the inspectors of the said election, or the major part of them, shall give the like notice of the time and place where such election for delegates is to be held, as is directed by law to be given of the time and place of choosing members of assembly; and that the inspectors and clerks of the said election shall severally take the oath directed to be taken by the inspectors and clerks of elections, in and by the act entitled “ An
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act for regulating elections,” which oath either of the said inspectors is hereby authorized to administer ; and that it shall be the duty of the proper authority of the several cities in this state, to appoint inspectors of election under this act, in the same manner as they are required by law for annual elections, at least twelve days before the time appointed for holding the election authorized by this act.
VII. And be it further enacted, That if any inspecglect and false
tor of the said elections, or either of them, shall wil. fully omit or neglect to make returns of the said election, within the times prescribed as aforesaid, or shall wilfully make any false return, or shall wil. fully make, or cause to be made, any error in such returns, or either of them, and if any clerk of any county shall wilfully certify falsely the result of either of the said elections, or shall wilfully make, or cause to be made, any error in any transcript to be made by him as aforesaid, or shall wilfully neglect or omit to transmit the said transcripts, within the times aforesaid, such inspector or clerk, so offending, shall be liable to indictment and conviction for a misdemeanor, in any court of competent jurisdiction; and, upon such conviction, shall be subject to a fine not exceeding one thousand dollars, or to imprisonment in the county prison not exceeding one year; and shall be disabled to hold any office of honor, trust, or profit, under the authority of this state: And the said inspectors and clerks of elections, clerks of counties, and canvassers, shall be liable for any other mal and corrupt conduct in relation to the said elections, or either of them, to the penalties prescribed in similar cases, in and by the “ Act for regulating elections ;” and the said officers shall be paid for their services at the said elections, or either of them, performed under this act, to the same amount, and in like manner, as they are now directed
when to meet
to be paid by law for similar services at elections for senators or members of assembly.
VIII. And be it further enacted, That the delegates Convention so to be chosen shall meet in convention at the Capi- and compensatol, in the city of Albany, on the last Tuesday of August next, from whence they may, if they think proper, adjourn to any other place; and they, and their attendants and officers, shall be allowed the like compensation for their travel and attendance as the members of the legislature are allowed by law; the amount of which shall be certified by the president of the convention, and shall be paid by the treasurer of this state, on the warrant of the comptroller; and it shall be the duty of the clerks of the senate and Duty of the seassembly to attend the said convention, on the opening thereof, and they, and the secretary of this state, shall furnish the said convention with such papers in their possession as the said convention may deem necessary; and the secretaries of the convention shall and may provide stationery for the use thereof, the amount of which shall be paid on the certificate of the president thereof, in like manner as the contingent expenses of the assembly are now paid by law. IX. And be it further enacted, That the proceeding
cretary of state.
when to be filed, of the said convention shall be filed in the office of the and amendsecretary of this state, and the determination and submitted, &c. propositions of the said convention shall be entered of record in the same office. And that it shall be the duty of the said convention, to submit their proposed amendments to the decision of the citizens of this state, entitled to vote under this act, together, or in distinct propositions, as to them shall seem expedient. And that the said convention shall prescribe the time and manner of holding an election for such purpose, and the mode of canvassing, and determin. ing the result and all the regulations necessary thereto. And that all sheriffs, officers, inspectors, Duty of sheriffs and persons in authority within this state, shall, in
ments how to be