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are for 66
county canvassers, then to one of the assessors of the town or ward, within twenty-four hours after the same shall have been subscribed by such inspectors, to be disposed of as the other statements at such election are now required by law.
§ 5. So much of article first, second, third, and Duty of county fourth, of title fifth of chapter one hundred and thirty, of the act entitled “ An act respecting elections other than for militia and town officers,” passed April 5, 1842, as regulates the duties of county canvassers and their proceedings, and the duty of county clerks and the secretary of state, and the board of state canvassers, shall be applied to the canvassing and ascertaining the will of the people of this state in relation to the proposed convention ; and if it shall appear by the said canvass that a majority of the ballots or votes given in and returned as aforesaid
no convention,” then and in such case the said canvassers are hereby required to certify and declare that there shall be no further proceedings under this act in relation to calling a convention. But if it shall appear by the said canvass that a majority of the ballots or votes given as aforesaid are for a convention, that then and in such case, the canvassers shall certify and declare that a convention will be called accordingly, and a copy of the said certificate shall be transmitted by the secretary of this state to the sheriff, clerk or first judge of each of the counties of this state, and shall be by them published, and copies delivered to the supervisors of the several towns and cities within their respective counties, in the same manner as notices for the election of senators are now by law required to be published and delivered.
§ 6. In case the said canvassers shall certify and Election of deledeclare a majority of such ballots or votes to be for a convention, it shall and may be lawful, and it is hereby recommended to the citizens of this state, on
Number of delegates.
the last Tuesday of April, eighteen hundred and
ber of members of Assembly from the respective Persons entitled cities and counties in this state.
All persons entitled to vote for members of Assembly shall be entitled to
vote for such delegates. Such election shall in all How conducted. respects be conducted as is now provided by law for
the election of members of Assembly; the polls opened and held in the same manner, and the canvass and other proceedings to determine the election of such delegates conducted as is now prescribed by
law for electing members of Assembly. Duty of dele
§ 8. The delegates so chosen, shall meet in congates when met
vention at the capitol in the city of Albany, on the first Monday of June, one thousand eight hundred and forty-six. They shall, by ballot, elect one of their number president, and may appoint one or more secretaries, a printer, and such door keepers and messengers as their convenience shall require ; and such delegates and the secretaries of the convention shall be entitled to the same mileage for travel and the same per diem allowance, as is now paid to members of the legislature, and the printer, door-keepers and messengers shall receive the same compensation as is provided by law for similar services and attendance upon the Assembly. The amount of pay shall be certified by the president of the convention, and shall be paid by the treasurer of the state, on the warrant of the comptroller, in the same manner as members of the legislature are paid. It shall be the duty of the secretary of state to attend said conven. tion at the opening thereof, and he and all public of
constitution to be
ficers shall furnish such convention with all such papers, statements, books or other public documents in their possession, as the said convention shall order or require ; and it shall be the duty of the comptroller to furnish the members with all such stationery as is usual for the legislature while in session.
§ 9. The proceedings of the said convention shall Amended be filed in the office of the secretary of state, and the filed and
corded in secamendments to the constitution agreed to by the said retary's office,
and submitted to convention, shall be recorded in his office; the said the people. amendments shall be submitted by the convention to the people for their adoption or rejection, at the annual election to be held on the Tuesday next succeeding the first Monday in November, one thousand eight hundred and forty-six ; and every person entitled to vote at that election may vote thereon, in the election district in which he shall then reside, and not elsewhere. The said amendments shall be so prepared and distinguished, by numbers or otherwise, that they can be voted upon separately, and they shall be so voted upon unless the convention shall be of the opinion that it is impracticable to prepare them so that they can be voted upon in that manner; and if the said convention shall by resolution declare that in its judgment the said amendments cannot be prepared so as to be voted upon separately, they shall be voted upon together. In either case the convention shall prescribe the form of the ballot, the publication of the amendments, and the notice to be given of the election. In case the said amendments shall be voted upon separately, every person entitled to vote thereon, may vote for or against any one or more of them. At the election mentioned in this section, the inspectors in every election district shall provide a suitable box to receive the ballots given upon the said amendments, which ballots shall have the word “constitution,” written or printed, or partly written and partly printed upon them, so that when they are folded it will appear upon the outside of the
ballot ; and all the proivsions of the laws of this state
said election, shall be void and of no effect. Penalty for false
§ 10. All wilful and corrupt false swearing, in swearing.
taking any of the oaths prescribed by this act, or by
§ 11. It shall be the duty of the secretary of state secretary of
to cause this act to be published once a week for
instructions, as shall be sufficient to supply the several officers who are to perform the duties prescribed by this act; and the said clerks of counties shall distribute the same to such officers; and the expense
of publishing and distributing the same, and all other legal expenses incurred in printing for the convention, shall be audited by the comptroller, and paid by the treasurer according to law.
§ 12. The copy of the certificate of the state can- Certificate. vassers shall in no case be directed to the clerk of a county, unless the office of sheriff of such county shall then be vacant, nor to the first judge, unless the office of sheriff and clerk shall both be vacant.
§ 13. The county of Hamilton and the county of Hamilton and Fulton shall jointly elect one delegate to the convention in the same manner, and the votes shall be can. vassed and transmitted in the same manner, as now provided by law in reference to members of Assembly.
IN RELATION TO THE ELECTION OF DELEGATES TO THE CONVENTION
The People of the State of New York, represented in Senate and Assembly, do enact as follows :
§ 1. The number of delegates to be chosen in and Number of Deleby the respective cities and counties of this State to the convention to be held by virtue of an act entitled “ An act recommending a convention of the People of this State," passed May 13th, 1845, shall be the same