TITLE 5. To sub S 33. They shall make and subscribe on the proper statescribe cer- ment, a certificate of such determination, and shall deliver tificates. Dissents. Protests. Ib. Adjourn ments. To record proceed. ings of state canvassers. To transmit the same to the secretary of state. S34. If any one of the canvassers shall dissent from a decision of the board, he shall state at large, in writing, the reasons of such dissent. $35. If any of the acts or proceedings of the board shall appear to any one of the canvassers to be illegal or irregular, such canvasser shall protest against the same in writing, setting forth distinctly the grounds of his protest. $ 36. The canvasser so dissenting or protesting, shall deliver his dissent or protest, signed with his proper name, to the secretary of state, who shall file the same in his office. $ 37. The board shall have power to adjourn from day to day, for a term not exceeding five days. ARTICLE FIFTH. OF THE SUBSEQUENT DUTIES OF THE SECRETARY OF STATE. SEC. 38. Statements to be recorded. 39. Copies to be sent. 40. And to be published. 41. Certificate to members of congress. 42. In case of a vacancy. 43. Names of county officers to be recorded. $38. He shall record in his office, in a book to be kept by him for that purpose, each certified statement and determination which shall be delivered to him by the board of state canvassers, and every dissent or protest that shall have been delivered to him by a canvasser. $39. He shall, without delay, transmit a copy, under the copy to each seal of his office, of such certified determination to each person thereby declared to be elected, and a like copy to the governor. person elected. To publish copy. General certificate of Congress. S40. He shall cause a copy of such certified statements and determinations to be printed in one or more of the public newspapers in each senate district, if any shall be published therein. S41. He shall prepare a general certificate under the seal of members of this state, and attested by him as secretary thereof, addressed to the house of representatives of the United States, in that congress for which any person shall have been chosen, of the due election of the persons so chosen at each election, as representatives of this state in congress; and shall transmit the same to the said house of representatives, at their first meeting. Of members to supply vacancies. S42. If either of the persons so chosen at such election shall have been elected to supply a vacancy in the office of representative in congress, it shall be mentioned by the secretary in the statements and certificates to be prepared by: him. ART. 2. To record County off S43. The secretary of state shall enter in a book, to be kept in his office, the names of the respective county officers names of elected in this state, specifying the counties for which they cers elected. were severally elected and their place of residence, the office to which they were respectively elected, and their term of office. TITLE VI. OF THE ELECTION OF REPRESENTATIVES IN CONGRESS, ELEC- OF THE ELECTION OF REPRESENTATIVES IN CONGRESS. SEC. 1. Members of congress when to be chosen. 2. Vacancy in that office. chosen. S1. Representatives in the house of representatives of the when congress of the United States shall be chosen in the several congress districts, at the general elections held therein, in every second year, after the year one thousand eight hundred and twenty-six. tion or S2. If a representative in congress shall resign, he shall Resignaforthwith transmit a notice of his resignation to the secretary death." of state; and if a vacancy shall occur by death or otherwise in the office of a representative in congress, the clerk of the county in which such representative shall have resided at the time of his election, shall, without delay, transmit a notice of such vacancy to the secretary of state. ARTICLE SECOND. OF THE ELECTION OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 4. County clerk to make certificates. 5. Certificates how disposed of. 6. Messengers to carry statements. 7. Clerk to deliver same to messengers. 8 to 13. Duty of messengers. 14. Duty of state canvassers. 16. Each elector to be notified. 17. The determination to be published. 18. Penalty for destroying certificates. 19. Penalty for neglect or corruption. 20. Pay of messengers. S3. At the general election in November, preceding the Election by time fixed by the law of the United States for the choice of ticket. general TITLE 6. Duty of county clerks. Ibid. Messengers. To receive copy from county clerks. Messenger in St. Lawrence co. president and vice-president of the United States, there shall be elected, by general ticket, as many electors of president and vice-president as this state shall be entitled to appoint; and each elector in this state shall have a right to vote for the whole number; and the several persons to the number required to be chosen, having the highest number of votes, shall be declared and deemed duly appointed electors. S 4. The county clerk of each county shall make three certified copies of the statement of votes given for electors in his county, immediately after recording the same, and forthwith transmit, by mail, one of such certified copies to the governor, another to the secretary of state, and deliver the other as hereinafter directed. $5. One of the certified copies of such statement of votes given in each of the several counties herein named, shall be delivered by the clerks of such counties respectively, as herein directed, on the day next succeeding that on which the canvass shall have been made, to wit: Those of the counties of Niagara, Wyoming and Orleans, to the clerk of Genesee; those of the counties of Livingston, Monroe, Wayne and Yates, to the clerk of Ontario; that of the county of Seneca, to the clerk of Cayuga; those of the counties of Cortland and Oswego, to the clerk of Onondaga; that of the county of Madison, to the clerk of Oneida; those of the counties of Montgomery, Fulton and Saratoga, to the clerk of Schenectady; that of Chenango, to the clerk of Broome; those of the counties of Rockland, Orange, Ulster and Sullivan, to the clerk of Greene; that of the county of Richmond, to the clerk of New York; and those of the counties of Otsego, Schoharie, Rensselaer and Albany, to the secretary of state. $6. The clerks of the several counties of Franklin, St. Lawrence, Chautauque, Cattaraugus, Tompkins and Suffolk, immediately after recording the electoral votes received by them, shall appoint a messenger to receive and carry the certified copies of the statements of votes given for electors, as herein directed; which appointment shall be made by the said clerks, under their seal of office. $ 7. Each clerk of a county having received the certified copies of the statements of the electoral votes given in any other county, shall deliver the same to the messenger authorized to receive the certified statements of the electoral votes given in his county, and shall deliver the said last mentioned statements to the messenger authorized to receive the same when demanded. S8. The messenger appointed in the county of St. Lawrence shall, immediately after his appointment, receive the certified statements of the electoral votes of said county, and forthwith proceed to the offices of the clerks of the counties of Jefferson and Lewis, and receive the certified statements of the electoral votes of those counties; and within three days after his appointment, deliver the copies by him received to the clerk of Oneida county. ART. 2. $9. The messenger appointed in the county of Cattaraugus In Cattaraushall, immediately after his appointment, receive the certified gus county. statements of the electoral votes of that county, and forthwith proceed to the clerk's offices of the counties of Allegany and Steuben, and receive the certified statements of the electoral votes of those counties; and within fifty-six hours after his appointment, deliver the certified statements by him received to the clerk of Ontario county. $10. The messenger appointed in the county of Chautauque In Chautaushall, immediately after his appointment, receive the certified que county. statements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks of the counties of Erie, Genesee, Ontario, Cayuga, Onondaga, Oneida, Herkimer and Schenectady, and receive from the several clerks the certified statements of electoral votes in those counties respectively; and such others as shall have been delivered to such clerks, as herein provided, and deliver the same to the secretary of state. county. $ 11. The messenger appointed in the county of Franklin In Franklin shall, immediately after his appointment, receive the certified statements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks of the counties of Clinton, Essex, Warren and Washington, and receive from the several clerks the certified statements of electoral votes in those counties respectively, and deliver the same to the secretary of state. kins county $12. The messenger appointed in the county of Tompkins In Tompshall, immediately after his appointment, receive the certified statements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks of the counties of Chemung, Tioga, Broome, Delaware and Greene, and receive from the several clerks the certified statements of electoral votes in those counties respectively, and such others as shall have been delivered to such clerks, as herein provided, and deliver the same to the secretary of state. $ 13. The messenger appointed in the county of Suffolk In Suffolk shall, immediately after his appointment, receive the certified statements of the electoral votes of that county, and forthwith proceed with all reasonable diligence to the offices of the clerks of the counties of Queens, Kings, New-York, Westchester, Putnam, Dutchess and Columbia, and receive from the several clerks the certified statements of electoral votes in those counties respectively, and such others as shall have been delivered to such clerks, as herein provided, and deliver the same to the secretary of state. county. state canvassers. $ 14. The board of state canvassers shall meet at the office Duty of of the secretary of state, on the Wednesday next after the third Monday of November, after every such election, or sooner, if all the certified copies of the statements of the TITLE 6. county canvassers shall have been received from all the counties, to canvass the votes given for the electors of president and vice-president; and in case all the certified statements shall not have been received on that day, the board may adjourn from day to day until the same shall have been received, not exceeding five days; and if at the expiration of four days, certified copies of the statements of the county canvassers shall not have been received from any county, the board shall proceed to canvass upon such of the said statements as shall have been received. Statement of votes. Duty of secretary of state. Publication, Penalty for destroying &c. S15. The board of state canvassers shall proceed in making a statement of all the votes, and determining and certifying the persons elected, in the manner prescribed by law in relation to the election of State officers. S 16. The secretary of state shall, without delay, cause a copy, under the seal of his office, of the certified determination of the board of state canvassers to be delivered to each of the persons therein declared to be elected; and for that purpose he may employ such and so many messengers as he shall deem necessary. $17. The determination and certificate of the board of state canvassers in relation to the choice of electors shall be published in the same manner as provided by law in relation to the certificates of the election of state officers. S 18. If any of the messengers shall be guilty of destroying certificate, the certificates intrusted to their care, or willfully doing any act that shall defeat the due delivery of them as directed by this act, he shall be punished by imprisonment in the state prison, at hard labor, for a term not less than three nor exceeding five years; and if any person shall be found guilty of taking away from any of the said messengers, either by force or in any other manner, any such certificates intrusted to his care, or of willfully doing any act that shall defeat the due delivery thereof, as directed by this act, he shall be punished by imprisonment in the state prison, at hard labor, for not less than two nor exceeding four years. For willful neglect or duct. $ 19. If any officer or messenger, on whom any duty is corrupt con- enjoined in this act, shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the execution of the same, and be thereof convicted, he shall be deemed guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding one year. Pay of mes sengers. $ 20. The messengers employed or appointed under this act, shall receive for their compensation twelve cents per mile for traveling, to be audited by the comptroller upon the certificate of the secretary of state. ARTICLE THIRD. OF THE FORMATION AND PROCEEDINGS OF THE COLLEGES OF ELECTORS 22. Officers to be appointed. |