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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 are for “ 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.

to vote.


gates when met in convention.

the last Tuesday of April, eighteen hundred and
forty-six, to elect by ballot, delegates to meet in con-
vention for the purpose of considering the constitution
of this state, and to make such alterations in the
same as the rights of the people demand, and as they
may deem proper.

§ 7. The number of delegates to be chosen to
such convention shall be the same as the num-

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 can-
vass 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 convention 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 convention at the opening thereof, and he and all public of

stitution to be

and recorded in sec

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 conbe filed in the office of the secretary of state, and the filed amendments 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 in relation to the election of officers at a general election shall apply to the voting upon the said amendments, so far as the same can be made applicable thereto ; and the votes given upon the said amendments, shall be given and canvassed, and all the proceedings shall be had in regard to them, as nearly as practicable in the manner prescribed by law in respect to the votes given for governor. Each of the said amendments which shall receive a majority of all the votes given upon it at the election mentioned in this section, shall be deemed and taken to be a part of the constitution of this state, and shall take effect from and after the thirty-first day of December in the year one thousand eight hundred and forty-six, unless the said convention shall prescribe some other time on which the same shall take effect; and each of the said amendments which shall not receive a majority of all the votes given upon it at the

said election, shall be void and of no effect. Penalty for false

§ 10. All wilful and corrupt false swearing, in taking any of the oaths prescribed by this act, or by the laws of this state made applicable to this act, or any other mode or form in carrying into effect this act, shall be deemed perjury, and shall be punished in the manner now prescribed by law for wilful and corrupt perjury.

§ 11. It shall be the duty of the secretary of state to cause this act to be published once a week for twelve successive weeks previous to the election, in not less than two or more than four of the public newspapers published in each of the several counties of this state in which two or more public newspapers are published ; and in the public newspaper in all those counties where only one public newspaper is published ; and shall also cause to be transmitted to the several clerks of counties in this state such num. ber of copies of this act, with the necessary forms and


This act to be published by secretary of state.

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 the convention in the same manner, and the votes shall be canvassed and transmitted in the same manner, as now provided by law in reference to members of Assembly.




Passed April 22d, 1846.

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

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