Wilmington journal., 1875-08-06
NO. 40


two persons have an eQnal number o
votes for the same Office, the Com
missioners shall decide which of tn,
two shall be elected. And if for an,
cause the returns of any precinct b.
not in by three O'Clock, T. NJ, on hat
day, then, and in that case the emo
missioners shall adjourn without com
pairing the polls, to meet again on tn,
following Tuesday at twelve o'clock
NJ, when the polls of the various pre-
cincts of the county shall be compared
and in the meantime they shall direc
the Sheriff or one of his deputies tt
compel the attendance of the deiin
quent returning officer with the vote
of his precinct. When the Commits
sioners have thus completed the com
parison of the polls they shall proclaim
the result at the Court House door Of
the voting in their county for all the
persons voted for and the number Of
votes cast for each. and shall immedi,
ately thereafter file with the re-
gister and with the Sheriff OF
their county or in ase there be no
sheriff and coroner a certified copy of
the same. PUOUided the counties of
Carteret, Hyde and Dare shall be al
lowed until Tuesday after the election
to make their returns. The commits
sioners shall also file with the register
of deeds the returns made by the
judges of the election of each precinct.
Sec %. The registrar shall receive
one cent for each name copied from
the original registration book and three
cents for each new name registered.
Sec. %. Any registrar or judge or
judges of election, appointed under
the provisions of this act, or any county
commissioners, register of deeds or
sheriff failing or neglecting to make
the returns and perform the duties re-
quired of him by this act for the non
performance of which no penalty has
been hereinbefore imposed, shall be
fined not less than five hundred nor
more than one thousand dollars, or i'm
prisoned not more than six nor less
than twelve months at the discretion
of the Court.
Sec. 30. Any person who shall with
intent to commit fraud register, or
than one time, or who shall induce
another to do so, shall be guilty of
aud on conviction shall
be imprisoned not less than six nor
more than twelve months, or fined not
less than one hundred nor more than
five hundred dollars at the discretion
of the Court and registrar of voters or
any clerk or copyist who shall make
any entry or copy with intent to COM
NIT fraud, shall be liable to the
same penalty.
CONVENTION.
An A. CT to Call a Convention of the
People of North Carolina.
WHEREAS, The present Constitution
of North Carolina is, in many impor-
tant particulars, unsuited to the wants
and condition of our people !; and
whereas, in the judgment of this Gen
eral Assembly. a convention of the
people is the only sure, and is besides
the most economical mode of altering
in view utterly impracticable by legis-
lative enactment on account OF the
great number of discordant and con-
ficting provisions of the Constitution
as it now is, now therefore.
SECTION l. The General assembly
of North Carolina do enact, (two-
birds of all the members of each
House concurring,) That Convention
of the people of North Carolina, be
and the same is hereby called, to meet
in the Hall of the House of Represen-
tatives in the city of Raleigh, on Mon
day, 9th day of September, A. D.,
1875, for the purpose of considering
and adopting such amendments to the
Constitution as they may deem neces-
sary and expedient, subject only to
the restrictions hereinafter provided.
Sec 2. The said Convention shall
consist of one hundred and twenty del
egates, and each county shall be enti-
tied to the same number of delegates
that it has members of the House of
Representatives under the present
and the said delegates
shall have the qualifications required
of members of the House of Repre-
sentatives, of which qualifications the
Convention shall be the Judge.
Sec. 3. On the 1st Thursday Of
August, 1875, the sheriffs of the State
shall open polls for the election of del
egates to the said Convention from
their respective counties, and the cleo
ton aforesaid, and the registration for
the same, shall be held and conducted; /;
the officers thereof, including regis
trars and judges of election, appoint
ed the votes counted and compared !;
the result proclaimed, and certificates
issued in the same manner as is pro-
vided by law for the election of men,
bers of the House of Representatives
of the General Assembly.
Sec. 4. The said delegates shall be
called to order at u o'clock on the
day fixed therefor, py the Chief JUS
tice or one of the Associate Justices
of the Supreme Court or Secretary of
State, who, if there be not q quorum,
shall adjourn them to the same place,
and from day to-day, until quorum
shall appear; and Oh the appearance of
a quorum he shall administer to each
of them the following oath:
"You, A B, do solemnly swear Cor
affirm, as the delegate elect shall
choose that you will faithfully main
tain and support the Constitution OF
the Urited States and the several
amendments thereto, including the
18th, 14th and 18th amendments; and
that you will neither directly nor indi-
rectly evade or disregard the duties
enjoined nor the restrictions imposed
upon the Convention by the act of the
General Assembly authorizing your
election. So help you God.
And no delegate shall be permitted
to sit or be entitled to q seat IN said
Convention, or act as a delegate
thereto, until he shall have sub
scribed the above oath or affirma-
ton; and as soon as majority of the
delegates elect shall have thus az
peared and been sworn in, they shall
then proceed to elect their own pre-
siding officer, and such other officers
and servants as they, from time to
time, shall find necessary; and If va
cancy shall occur, they shall be filled
in the same manner as the like vacan-
cies are filed by law in the case OF va,
cancies in the General Assembly.
Said Convention shall have no power
to consider, debate, adopt or propose
any amendment to the existing Con
stitution or ordinance upon the follow
ing subjects:
TheHomestead andPersonal Proper
ty Exemptions, the mechanics and la,
borers' lien, and the rights of married
women, as now secured by law, nor to
alter or amend section or 5, article
V, of said Constitution, nor change
the ratio between the poll and proper.
ty tax as therein established; nor shall
the said Convention have power to
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