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ments declared


respect to the said election to be prescribed by the said convention, and all regulations necessary thereto, exercise every power and authority, as in relation to annual elections; and shall be paid in like manner, and shall receive a like compensation therefor; and shall obey and conform to the prescriptions of the

convention, in that behalf, under the penalty upon Penalty. each and every person wilfully neglecting or refusing,

of one thousand dollars for each offence, and imprisonment not exceeding one year; and for any

mal or corrupt conduct in the premises, each and every such person shall be disabled to hold any office of

honor, trust, or profit, under the authority of this When amend-, state. And the propositions of such convention, a part of consti- which shall be approved by a majority of the votes

at such election, shall be deemed and taken to be a part of the constitution of this state ; and that the propositions which shall not be so approved, shall be

considered void and of none effect. False swearing X. And be it further enacted, That all wilful and jury. corrupt false swearing, in taking any of the oaths

prescribed by this act, or at or in relation to the election to be directed by said convention, shall be deemed perjury, and shall be punished in the manner now prescribed by law, for wilful and corrupt

perjury. Duty of secre- XI. And be it further enacted, That it shall be the publishing, &c. duty of the secretary of this state, forthwith to cause

this act to be published in all the public newspapers printed in this state, and to cause the same to be printed and distributed to the clerks of the respective counties, by transmitting to such clerks, with all convenient speed, as many copies as shall be equal to ten times the number of towns and wards in such county: and the said clerks shall immediately deliver ten copies thereof to the inspectors of election in each town of the county : and the expense of such publi. cation, printing, and distribution, shall be paid by the treasurer, on the warrant of the comptroller.



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I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That Duty of the the clerks of the several counties of this state shall and of the canmake their returns of transcripts of certificates of election to the secretary of this state, as required by the act, entitled “An act for regulating elections," and the act hereby amended, on or before the twentyfirst day of May next; and the said secretary shall, on or before the twenty-third day of the same month, in conjunction with the surveyor-general, attorneygeneral, comptroller, and treasurer of this state, attend at the secretary's office, to be notified for that purpose by such secretary, and perform all and singular the duties required of them by the acts aforesaid, and shall, within three days after such meeting, decide upon and complete their proceedings, agreeable to the requirements of said acts, anything in the act hereby amended, or the act entitled “ An act regulating elections,” to the contrary notwithstanding.

II. And be it further enacted, That it shall be the Duty of secretaduty of the secretary of state to transmit by express a copy of the certificate required to be transmitted by the fourth section of the act entitled “An act recommending a convention of the people of this state,” passed March 13, 1821, to the sheriffs of the

ry of state.

respective cities and counties of this state, in case it shall appear to the secretary, surveyor-general, attorney-general, comptroller, and treasurer, to be necessary to adopt that course, in order to give effect to the said act, and the expense of such express or expresses shall be paid by the treasurer, on the certificate of the secretary, and on the warrant of the comptroller.

III. And be it further enacted, That any mayor, ter certain oaths recorder, judge of any court of common pleas, clerk

of any county, or any commissioner authorized to administer oaths, shall have full power and authority to qualify the canvassers of the votes given at any election, and returned to the secretary's office, for governor, lieutenant-governor, senators, members of congress, or of the votes given for or against a convention of the people of this state.

Officers authorized to adminis

to canvassers.




Passed May 13, 1845.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

tors of election

§ 1. The inspectors of election in each town, ward, Duty of inspecand election district in this state, at the annual election to be held on the Tuesday succeeding the first Monday of November, one thousand eight hundred and forty-five, shall provide a proper box to receive the ballots of the citizens of this state entitled to vote at such election, in relation to the convention hereinafter provided for. On such ballots shall be written or printed, or partly written and partly printed, by those voters who are in favor of the proposed convention, the word “ convention, and by those voters who are opposed thereto, the words "no convention;" and all citizens of this state who shall be entitled by law to vote at such annual election, shall be allowed to vote by ballot as aforesaid at the poll or election district in which he resides, and not elsewhere.

§ 2. So much of articles one, two and three, of title Election four, of chapter one hundred and thirty, of an act entitled “An act respecting elections other than for military and town officers,” passed April 5, 1842, as regulates the manner of conducting elections and challenges, oaths to be administered, and inquiries to be made of persons offering to vote, shall be deemed applicable to the votes to be given or offered under

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Votes how canvassed in election districts.

this act; and the manner of voting and challenges, and the penalties for false swearing, prescribed by law, are hereby declared in full force and effect in voting under this act.

§ 3. The said votes given for and against a vention,” in pursuance of this act, shall be canvassed by the inspectors of the several election districts or polls of the said election, in the manner prescribed by law, and as provided in article four, of title four, chapter one hundred and thirty of the said act entitled “ An act respecting elections other than for mi. litia and town officers,” passed April 5, 1842, as far as the same are applicable ; and such canvass shall be completed by ascertaining the whole number of votes given in each election district or poll for convention, and the whole number of such votes given against such convention in the form aforesaid ; and the result being found, the inspectors shall make a statement in words at full length of the whole number of ballots received in relation to such proposed convention, and shall also state in words at full length the whole number of ballots having thereon the word “ convention” alone, and also the whole number of ballots having thereon the words “ no convention." Such statements as aforesaid shall contain a caption stating the day on which, and the number of the district, the town or ward and the county at which the election was held, and at the end thereof a certificate that such statement is correct in all respects; which certificate shall be subscribed by all the inspectors, and a true copy of such statement shall be immediately filed by them in the office of the clerk of the town or city.

§ 4. The original statements, duly certified as aforesaid, shall be delivered by the inspectors, or by one of them, to be deputed for that purpose, to the supervisor, or in case there be no supervisor, or he shall be disabled from attending the board of

Statements how disposed of.

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