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SUPPLEMENT

TO THE

REVISED CODE

OF THE

LAWS OF VIRGINIA.

Chap. 1.-An ACT concerning a Convention.*

(Passed January 31st, 1828.) Whereas, it is represented to the general assembly, that a portion Preamble. of the good people of this commonwealth, are desirous of amending the constitution of this state, and this assembly feel it their duty to ascertain the wishes of the people thereon :

1. Be it therefore enacted, That it shall be the duty of the seve-Sheriffs, &c. to ral sheriffs and other officers authorized to conduct elections within spone poflesh to take this commonwealth, at the time and place of holding their respec- ple. tive elections for delegates to the general assembly, in April next, to open a separate poll for the purpose of taking the sense of the people upon the question, whether they desire a convention or not. The poll to be opened shall contain two columns; one for the names of those who vote in the affirmative, the other for the names of those who vote in the negative, and shall be headed thus: Shall there be a Convention to amend the Constitution of this

Commonwealth ?
Convention.

No Convention. The sheriff or other officer conducting the election shall take the who to be allowvote on the question aforesaid, of every person qualified according to the existing laws of the commonwealth, to vote for delegates to the general assembly, who shall come forward during such election to give his vote, and shall write the names of all those who vote in the affirmative, in the first column, under the word “ Convention," and the names of all those who vote in the negative, in the second column, under the words “No Convention.No person shall be permitted to vote on the question aforesaid, who is not entitled to vote for delegates to the general assembly under the existing laws of this commonwealth, nor shall any one be permitted to vote in any county or corporation, who shall previously have voted upon the same question in another,

ed to vote,

Acts 1827-8, ch. 24, pp. 18-20. Under this act, the question of convention or no convention, was submitted to the qualified voters throughout the commonwealth, and decided in favor of a convention, by a vote of 21,896 to 16,637. Governor's message and accompanying documents, Dec. 1st, 1828.

1

June terms of courts.

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And more fully to ascertain the sense of the good people of this

commonwealth on this momentous question :
Polls to be kept 2. Be it further enacted, That at the May and June terms of
open at May and

their respective county or corporation courts, immediately succeed-
ing the election aforesaid, it shall be the duty of the respective she-
riffs or other officers authorized by law to conduct elections therein,
to open said polls at their respective places of holding courts, and
to continue them open during the whole of said terms, when they
shall be ready at all times to receive and record, as required by the
first section of this act, all the legal votes which may offer them-

selves to be polled on this question, during such terms; at the end offices. of which terms, the said "polls shall be returned to their respective Proclamation to

clerks' offices. And it shall, rcoreover, be the duty of such sheriff
be made by officers
of readiness to re- or other officer, to make proclamation before the door, of the fact
ceive votes.

of such poll being opened, the place at which it is kept, and of his
readiness to receive the votes of all persons entitled by this act to

express their opinions on this question.
When sheriffs, 3. Be it further enacted, That after the end of the June terms
and clerks to meet in the respective counties and corporations as aforesaid, the said
at clerks'office to polls shall be closed, and within ten days thereafter, it shall be the

duty of the sheriff or other officer conducting the polls, and of the
clerk or deputy clerk, and of the commissioner or commissioners of
the revenue, (if there be more than one,) of the several counties or
corporations, entitled to elect delegates as aforesaid, to assemble at
the clerks' offices of their respective counties or corporations, on
some day to be appointed and made known to them by the sheriff

or other officer authorized by law to conduct the elections therein Notice of failure. as aforesaid. And if any of them shall refuse or fail to attend, it

shall be the duty of such sheriff or other officer to give notice thereof
to the attorney prosecuting for the commonwealth in such county

or corporation, and those who do attend, shall proceed to examine Corroction and ve- said polls, and having stricken therefrom the names of all such perritication of polls. sons as in the opinion of a majority of them are not legally entitled

to vote under this act, to cause two fair copies of such corrected
poll to be made out and verified as follows: Each sheet of such poll
shall be subscribed with the names of the sheriff or other officer, of
the clerk or deputy clerk, and of the commissioner or commissioners
of the revenue, or such of them as may attend at the scrutiny of the
polls as above required; and at the foot of the poll, each of them so
attending as aforesaid, shall make an affidavit before a justice of the
peace, to the following effect, viz: This

day of the Oath of officers. above named A. B. and C. D., et cetera, whose names are subscribed

to the above poll, made oath (or affirmation) before me, a justice of
the peace for said county, (or corporation,) that they have carefully
examined said poll; that they have stricken therefrom no person who
in the judgment of a majority of them had a legal right to vote, and
that the name of no one remains thereon, whom a majority of them
concur in believing is not entitled to a vote according to the cristing
laws of this commonwealth. And the aforesaid A. B. and C. D.,
(the sheriffs or other officers conducting the polls,) also made oath
(or affirmation) that they conducted the poll aforesaid, and verily be-
lieve it represents fairly the votes given by the persons whose names

appear thereon, according to the best of their knowledge and belief. Polls how dispos. Given under my hand, this day of

One
copy

of the
poll so made out shall be retained by the clerk of the court, to be

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by him preserved amongst the files of his office, the other copy thereof shall be transmitted by mail, by the said clerk, to the executive of this commonwealth, within ten days after the proper attestation of said copies by the aforesaid officers.

4. And be it further enacted, That it shall be the duty of the Result to be asexecutive to ascertain the result, as exhibited by the returns received, ulive; to be pubon or before the first day of September next, and within five days lished and comthereafter to cause the same to be published by proclamation from gislaturo. the governor, and also to communicate the result of all the returns made from all the counties and corporations within this commonwealth, entitled to elect delegates as aforesaid, to the succeeding legislature, and to take such other steps therein, as may be required of them by law.

5. And be it further enacted, That if any sheriff or other officer Penalty on officers authorized to conduct an election, shall refuse or fail to take a poll for neglecte of duty at his next spring election, and at the succeeding May and June ing, authenticating terms of his county or corporation courts, as required by this act, or polls. shall fail or refuse to make out, examine and authenticate, as re. quired, a copy of the poll so taken, or if any clerk refuse or fail, by himself or his deputy, to aid in making out, examining, authenticating and transmitting to the executive, as required by this act, the poll aforesaid, such sheriff, clerk or other officer, shall forfeit and pay for such offence, a fine of five hundred dollars; and if any Pennlty for other

noglect. sheriff, clerk or other officer shall refuse or fail to perform any other duty required of him or them by this act, he or they shall forfeit and pay a fine not less than one hundred, nor more than five hundred dollars, for which it shall be the duty of the attorney of the commonwealth to prosecute in behalf of the commonwealth, and for the benefit of the literary fund.

6. Be it further enacted, That it shall be the duty of the execu- Act to be publishtive, forthwith, after the passage of this act, to cause it to be published in such newspapers in the different sections of this commonwealth, as in their opinion shall be best calculated to diffuse general information thereof to the good people of Virginia, and to cause such publication to be made at least once in every two weeks until the last day of April next.

7. This act shall commence and be in force from and after the Commencement.

ed.

passage thereof.

Chap. 2.-An ACT to organize a Convention.*

(Passed February 10th, 1829.] Whereas, in pursuance of the act of the general assembly, passed Preamble. at the last session, entitled, "an act concerning a convention,” the sense of the good people of this commonwealth has been taken on the question, whether they desire a convention to amend the state constitution, or not; and it has been thus ascertained, that it is the wish of the people that a convention shall be called for the purpose aforesaid : In order, therefore, to the forming and assembling of such convention :

1. Be it enacted, That the persons qualified according to law to What persons auvote for members of the house of delegates, in each county, city and borough, within the several senatorial districts of this common

* Acts 1828-9, ch. 15, pp. 17-22, amended by act of February 12th, 1830. Acts 1820-30, pp. 12-16, post. ch. 3.

thorized to vote.

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