Stephen H. Branch's Alligator, Vol. 1 no. 23, September 25, 1858
chapter one hundred and thirty, of an act entitled “An act respecting
elections other than for militia and town officer,” passed April fifth, eighteen hundred and forty-two, and the acts amending the same, 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 the 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 or offering to vote under this act.
§3. The said votes given for and against a convention, 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, of chapter one hundred and thirty of the said act, passed April fifth, eighteen hundred and forty-two, and the acts amending the same, 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 a convention, and the whole number of 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 number of ballots received in relation to such convention, and shall also state in words, at full length, the whole number of ballots having thereon the words, “Shall there be a Convention to revise the Constitution and amend the same? No.” 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 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 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 other statements at such election, are now required by law.
§5. So much of articles first, second, third, and 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,” and the acts amending the same, 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 that a majority of the votes or ballots given in and returned as aforesaid are against a convention, then the said canvassers are required to certify and declare that fact by a certificate, subscribed by them, and filed with the Secretary of State; but if it shall appear by the said canvass that a majority of the ballots or votes given as aforesaid are for a convention, then they shall by like certificates, to be filed as aforesaid, declare that fact; and the said Secretary shall communicate a copy of such certificate to both branches of the Legislature, at the opening of the next session thereof. Yours, respectfully,
GIDEON J. TUCKER, Secretary of State.
SHERIFF’S OFFICE, }
NEW YORK, August 4, 1858. }
The above is published pursuant to the notice of the Secretary of State, and the requirements of the Statute in such case made and provided.