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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. $ 9, tit. 6, ch. 130, 1842.

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In Chautauque county.

SEC. 365. The messenger appointed in the county of In ChauChautauque shall, immediately after his appointment, county. 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 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. $ 10, same tit.

lin county.

In Franklin county.

Sec. 366. The messenger appointed in the county of In Frank: Franklin shall, immediately after his appointment, receive the certified statements of the electoral votes of that county, and forth with 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. $ 11, same tit.

In Tompkins county.
Sec. 367. The messenger appointed in the county of in Tomp-

kins counTompkins shall, immediately after his appointment, re- ty. ceive 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

county.

herein provided, and deliver the same to the secretary of State. $12, tit. 6, ch. 130, 1842.

In Suffolk county. In. Suffolk Sec. 368. The messenger appointed in the county of

Suffolk shall, immediately after his appointment, receive the certified statements of the electoral votes of that county, and forth with 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. $ 13, same tit.

Meetings of State canvassers,

Meetings of State canvassers.

Sec. 369. The board of State canvassers shall meet at the office 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 county canvassers shall have been received from all the counties, to canvass the votes given for 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. $ 14, same tit.

of votes.

Statement of votes. Statement SEC. 370. 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. § 15, same tit.

Duty of secretary of State.

SEC. 371. The secretary of State shall, without delay,

Duty of

of State.

cause a copy, under the seal of his office, of the certified secretary 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. § 16, tit. 6, ch. 130, 1842.

hay einn Clared to be

shall

destroying

Publication.

SEC. 372. The determination and certificate of the publicaboard of State canvassers in relation to the choice of tion. electors shall be published in the same manner as provided by law in relation to the certificates of the election of State officers. § 17, same tit. Penalty for destroying certificates, etc.

SEC. 373. If any of the messengers shall be guilty of Penalty for destroying the certificates intrusted to their care, or will- certificates fully doing any act that shall defeat the due delivery of etc. 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. $ 18, same tit. For willful neglect or corrupt conduct.

SEC. 374. If any officer or messenger, on whom any For willful duty is enjoined in this act, shall be guilty of any willful Corrupt 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 misdeineanor, punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding one year. $ 19, same tit.

neglect or

onduct.

Pay of messengers.

Sec. 375. The messengers employed or appointed Pay of under this act shall receive for their compensation twelve meess cents per mile for traveling, to be audited by the comp.

messen

troller upon the certificate of the secretary of State. § 20, tit. 6, ch. 130, 1842.

ARTICLE THIRD.

Of the formation and proceedings of the colleges of

electors.

and duty

vacancies,

Meeting and duty of electors; vacancies, how filled. Meeting SEC. 376. The electors of president and vice-president of electors; shall convene at the capitol on the day preceding the bow filled. first Wednesday in December after their election, and

those of them who shall be so assembled at four o'clock in the afternoon of that day, shall immediately after that hour proceed to fill, by ballot and by plurality of votes, all vacancies in the electoral college, occasioned by the death, refusal to serve, or neglect to attend at tha: hour, of any elector, or occasioned by an equal number of votes having been given for two or more candidates. $ 21, same tit.

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President and secretary.

Sec. 377. The electoral college being thus completed, they shall then choose a president and secretary from their own body. $ 22, same tit.

Secretary
of State to
furnish
lists of
electors.

Secretary of State to furnish lists of electors. termo Sec. 378. The secretary of State shall prepare three lists

of names of the electors; procure to the same the signature of the governor ; affix thereto the seal of the State; and deliver them, thus signed and sealed, to the president of the college of electors, on or before the said first Wednesday in December. $ 23, same tit

Electors, when and how to vote.

Electors, when and how to vote.

SEC. 379. On the said first Wednesday in December, the electors shall meet at the capitol, and then and there vote by ballot for president and vice-president, one of whom at least shall not be an inhabitant of the same State with themselves. They shall name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice-president. $ 24, same tit.

certified.

List of votes, how signed and certified.
Sec. 380. They shall make distinct lists of all persons List of

votes, how voted for as president, and of all persons voted for as vice- signed and president, and of the number of votes for each, which lists they shall sign and certify, and after annexing thereto one of the lists received from the secretary of State, they shall seal up the same, certifying thereon that lists of the votes of this State for president and vicepresident are contained therein. $ 25, tit. 6, ch. 130, . 1842.

Messenger.

Sec. 381. The electors shall then, by writing under Messenger. their hands, or under the hands of a majority of them, appoint a person to take charge of the lists so sealed up, and to deliver the same to the president of the senate at the seat of government of the United States, before the first Wednesday in January then next ensuing. $ 26, same tit.

ger's duty.

Messenger's duty.

Sec. 382. In case tnere shall be no president of the Messen. senate at the seat of government on the arrival of the person intrusted with the lists of the votes of the electors, then such person is required to deliver the lists of votes in his custody into the office of the secretary of State of the United States. $ 27, same tit.

lists, how

Two other lists, how forwarded.

SEC. 383. The electors are also required to forward Two other forthwith, by the post-office, to the president of the sen- forwarded. ate of the United States, at the seat of government, and to deliver forthwith to the judge of the United States for the northern district of the State of New York, similar lists, signed, annexed, sealed up, and certified in the manner aforesaid. $ 28, same tit. Pay of electors.

SEC. 384. Every elector of the State for the election Pay of of a president and vice-president of the United States, who shall attend at any election of those officers and give his vote at the time and place appointed by law, shall be

electors.

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