rates 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 sen

ators.

Duty of can

IV. And be it further enacted, That if it shall appear by the said canvass, to be made as aforesaid, that a majority of the ballots or vassers, 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 And of the se a copy of the said certificate shall be transmitted by the secretary of cretary. 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 delivered.

V. And be it further enacted, That in case the said canvassers shall Delegates when certify and declare a majority of such bailots or votes to be for a and how chosen. Convention, it shall and may be lawful, and it is hereby recommend. ed 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 Number of delechosen, shall be the same as the number of members of assembly, gates. from the respective cities and counties of this state; and that the same qualifications for voters shall be required on the clection 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 requir

ed; and that all persons entitled to vote by this law for delegates, who are elishall be eligible to be elected; and that the election for such dele- gible. gates shall be held at such places as the inspectors herein after mentioned, shall for that purpose notify, and shall take place on the said

third Tuesday of June next, and shall continue and be held on that When and how day, and on the two succeeding days; and that the officers in the se- to be chosen. ̧ veral towns or wards in this state, authorised to act as inspectors of elections for members of assembly, and the persons who shall be appointed in the several cities of this state for that purpose, shall be the inspectors of the said election for delegates; and that the inspectors of each poll shall provide a box to receive the ballots for delegates, and shall appoint two clerks, each of whom shall keep a poll list of the electors for delegates; and that during the said election the said boxes and poll lists shall be disposed of, and kept in the manner prescribed in the "act for regulating elections ;" and that the election shall be conducted by the inspectors thereof, with the like pow ers, and in all respects not herein otherwise provided for, as near as may be, in the manner prescribed by law, in cases of elections for members of assembly, except that none of the oaths therein men. tioned, shall be administered 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 the respective towns and Duty of county 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

clerks.

Penalties for nc

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, con. formably 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 certi. ficate 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 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 inspector of the said gleet and false elections, or either of them, shall wilfully omit or neglect to make returns, &c. returns of the said election, within the times prescribed as aforesaid, or shall wilfully make any false return, or shall wilfully 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 he 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 honour, 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 sa:d elections, or either of them, performed under this act, to the same amount, and in like manner, as they are now directed to be paid by law, for similar services at elections for senators or members of assembly.

Convention

when to meet

VIIL. And be it further enacted, That the delegates so to be chosen, and compensa- shall meet in convention at the capitol, in the city of Albany, on the Lius, &c. 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 con. vention, and shall be paid by the treasurer of this state, on the war, rant of the comptroller: and it shall be the duty of the clerks of the Duty of the se- senate and assembly, to attend the said convention, on the opening etary of state. 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 necesssary; and the secretaries of the convention shall and may provide stationary for the use thereof, the amount of which shall be paid on the certificate of the president thercof, in like manner as the contingent expenses of the assembly are now paid by law.

and amend

IX. And be it further enacted, That the proceedings of the said con- Proceedings vention, shall be filed in the office of the secretary of this state, and when to be filed, the determination and propositions of the said convention shall be en- ments how to be tered of record in the same office. And that it shall be the duty of submitted, &c. the said convention, to submit their proposed amendments to the de. cision of the citizens of this state, entitled to vote under this act, to. gether, 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 determining the result, and all the regulations necessary thereto. And that all sheriffs, officers, inspectors, and persons in authority Duty of sheriffs, within this state, shall, in respect to the said election to be prescribed &c. 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 each and every Penalty. 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 cold any office of honour, trust, or profit, under the authority of this state. And the propositions of such convention, When amendwhich shall be approved by a majority of the votes at such election, ments declared shall be deemed and taken to be a part of the constitution of this tution. state; and that the propositions which shall not be so appoved, shall be considered void and of none effect.

a part of consti

X. And be it further enacted, That all wilful and corrupt false False swearing swearing, in taking any of the oaths prescribed by this act, or at or declared per in relation to the election to be directed by said convention, shall be jury. deemed perjury, and shall be punished in the manner now prescribed

by law, for wilful and corrupt perjury.

XI. And be it further enacted, That it shall be the duty of the secre- Duty of seeretary of this state, forthwith to cause this act to be published in ali tary of state in the public newspapers printed in this state, and to cause the same publishing, &c. 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 publication, printing, and distribution, shall be paid by the treasurer, on the warrant of the comptroller.

AN ACT

To amend an act, entitled "An act recommending a Convention of the People of this state."

Passed April 3, 1821.

DE it enacted by the People of the State of New-York, represent

Beit en ene and Assembly, That the clerks of the several Duty of the

vassers,

counties of this state shall make their returns of transcripts of cer- county clerks tificates of election to the secretary of this state, as required by the and of the ca act, entitled “An act for regulating elections," and the act hereby amended, on or before the twenty first 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, attorney-general, 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

Duty of sec'ry of state.

Officers author. ised to adminis

ter certain oaths

to canvassers.

complete their proceedings, agreeable to the requirements of said acts, any thing 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 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 respective cities and counties of this state, in case it shall appear to the secretary, surveyor-general, attorney-general, comptroller, and treasurer, to be ne cessary 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, recorder, judge of any court of common pleas, clerk of any county, or any commissioner authorised 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, lieutenantgovernor, senators, members of congress, or of the votes given for or against a convention of the people of this state.

CONVENTION

OF THE

State of New-York.

ASSEMBLY CHAMBER, ALBANY,

TUESDAY, AUGUST 28, 1821.

}

URSUANT to the preceding Act, recommending a Convention of the Peo

at

of Albany, at 12 o'clock. At one o'clock, GEN. E. ROOT, addressed the members, and having stated the general outlines of the law, proposed that the clerk of the Senate, (who was in attendance pursuant to the provisions of the act, and who had been furnished by the Secretary of State, with a list of the members as returned to his office from the several counties,) should call the roll. This course was adopted without opposition; and it appeared that the following gentlemen had been elected to constitute the Convention, viz :

Counties of Allegany and Steuben. Peter R. Livingston,

Counties of Cattaraugus, Erie, &c. Reuben Sanford.

County of Genesee.

John Z. Ross,

Elizur Webster.

Abraham H. Schenck,

Elisha Barlow,

Isaac Hunting.

County of Essex.

Augustus Porter.

Samuel Russell.

David Burrows,

Sherman Wooster.

Nathan Carver.

County of Chenango.

County of Columbia.

William W. Van Ness,

Elisha Williams,

Jacob R. Van Rensselaer,

County of Greene,

Jehiel Tuttle,

Alpheus Webster.

County of Herkimer.

Richard Van Horne,

Sanders Lansing,

County of Jefferson.

Egbert Ten Eyck,

Hiram Steele.

County of Kings.

John Lefferts.

Francis Sylvester.

County of Cortland.

Samuel Nelson.