CONSTITUTIONAL CONVENTION. General 1894 prescribed as proper occa certaining CHAPTER 543. AN ACT prescribing the next General Election as the proper occasion for ascertaining the sense of the people in respect to calling a Convention to revise, alter and amend the Constitution. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That at the general election to be held in election of this State on the Tuesday next after the first Monday in the month of November in the year of our Lord one thousand sion for as- eight hundred and ninety-four, the citizens of this State the sense of entitled to vote for representatives at such election may vote the people. by ballot for or against a convention as they shall severally choose to do, and in so voting the ballot shall be separate from those cast for any person voted for at such election and shall be kept distinct and apart from any other ballot so cast. Ballots, SECTION 2. That the ballots for or against a convention form of, &c. shall be of such uniform and suitable size that they may readily be distinguished from the ballots prescribed by law for candidates for office, and of such quality, color and thickness of paper that the printing thereon cannot be recog nized from the back thereof. The words "For a Convention" shall be printed on the right hand side of each ballot, and the words "Against a Convention" on the left hand side thereof; and, in voting, each voter shall mark, with the stamp provided for the said general election, his ballot within the space immediately above either the said words "For a Convention" or "Against a Convention," and thereby indicate on which side he desires to vote. The said ballots shall be provided, printed, packed, supplied, distributed, received, opened, signed, delivered for voting, voted, deposited, counted, preserved and destroyed by the same persons, at the same times and places, in the CONSTITUTIONAL CONVENTION. same manner, according to the same regulations and subject to the same penalties so far as applicable to the purposes of this act as is now or hereafter shall be prescribed concerning the said general election by the act entitled "An act to provide for the secrecy and purity of the ballot," passed at Dover, May fifteenth, eighteen hundred and ninety-one, or any amendment or supplement thereto. Sheriff and SECTION 3. That the sheriffs or other officers who are Duty of required by law to deliver to the proper election officers the Clerk of the ballot boxes, tally lists and other prescribed articles for use Peace. at the said general election, shall also, in addition thereto deliver to the same persons at the same times, two suitable ballot boxes for each voting place, with tape and sealing wax therefor, together with such written or printed forms of tally lists, certificates of the votes cast for or against a convention and other articles as shall be required for the purposes of this act. The votes given for or against a convention shall be received, counted, tallied and certified, and the state of the Duty of vote for or against a convention canvassed, ascertained and cers. certified by the same persons, at the same places, during the same hours, in the same manner, according to the same regulations and subject to the same penalties so far as applicable to the purposes of this act as is now or hereafter shall be prescribed by law concerning the said general election. The certificates respectively of said votes shall contain and show accurately the number, in words at length, of votes cast for a convention and against a convention. election offi to whom SECTION 4. That the returns of the state of the vote for Returns and or against a convention canvassed, ascertained and certified certificates, as aforesaid by the board of canvass of each county, and delivered. duplicates thereof, shall be delivered in the same manner, by the same persons, in the same way, and to the same officers as the returns of the election for Governor and duplicates thereof are required to be delivered by direction of the Constitution of this State. sembly to SECTION 5. That the General Assembly shall at the next General Assession thereof after said general election, and on the third canvass vote Wednesday after its organization, meet in joint session, in the hall of the House of Representatives, to be present at the opening and publishing of the said returns of the state of the vote for or against a convention, and to ascertain therefrom the result of said vote throughout the State by If vote be affirmative Convention CONSTITUTIONAL CONVENTION. calculating the aggregate amount of all the votes that shall have been given respectively for a convention and against a convention in all the counties of the State. SECTION 6. That if thereupon it shall appear that at said general election the number of votes for a convention to be called. shall be equal to a majority of all the citizens in the State having right to vote for representatives, as ascertained by reference to the highest number of votes cast in the State at any one of the three general elections next preceding the day of voting for a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a convention, the General Assembly shall, at its said next session after said general election, make provision by appropriate legislation for the calling and election of a convention, to consist of at least as many members as there are in both houses of the legislature, to be chosen in the same manner, at the same places, and at the same time that representatives are by the citizens entitled to vote for representatives, on due notice given for one month, and to meet within three months after they shall be elected. Duty of Sheriff and other officers returns of SECTION 7. That it shall be the duty of the sheriff or other officers to whom the ballot boxes used at said general in relation to election shall be delivered for the purposes of this act, to election, &c. keep the said boxes, and the ballots and the certificates and tally lists of the vote for or against a convention deposited therein safely, until the meeting of the General Assembly at its said next session after the said election, and to hold the same subject to the order of the General Assembly during the said session. Passed at Dover, April 6, 1893. TITLE FIRST. Of the Jurisdiction and Property of the State; its Legislation and Laws. CHAPTER 544 OF LIMITS. AN ACT to amend Chapter 6, Volume 19, of the Laws of Delaware, entitled "An act dividing the Brandywine Hundred West Election District into two election districts." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Election Brandywine tered. SECTION I. That said Chapter 6, Volume 19, be amended Dividing by striking out all of Section 1 of said chapter after the line of West words "northern election district," in line 25 thereof, and District inserting in lieu thereof the following words, to wit: "And Hundred alalso all that portion formerly of Brandywine Hundred East Election District, lying west of Holly Oak on Tide Creek and south and west of the Baltimore and Philadelphia Railroad and the Lodge road which has lately been taken from the territory formerly of the said east election district." ting in SECTION 2. That said Chapter 6, Volume 19, be further Place of voamended by striking out the words "store now occupied by Southern Samuel Moore, at a place called Maplewood, on the Phila- Election delphia and Wilmington Turnpike," and inserting in lieu changed. thereof the words "Shellpot Schoolhouse." Passed at Dover, April 25, 1893. District OF SOVEREIGNTY, JURISDICTION AND LIMITS. Chapter 82, Rev. Code, Dividing tion Dist CHAPTER 545 OF LIMITS AN ACT to amend Chapter 82, Volume 12, Laws of Delaware, entitled "An act dividing Brandywine Hundred into two Election Districts, as amended." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That the said act, as printed in the Revised Volume 12, Code of the year 1874, page 3, be amended by striking out 1874, p. 3. all the words between the words "wit" in line 5 of Section I of said act and the word "thence" in line 8 of the same section and inserting in lieu thereof the following words, to wit: "Beginning on the Delaware River at Holly Oak or line of Elec- Tide Creek; thence with the several meanderings of the tricts of main or most northerly branch thereof until it intersects the Baltimore and Philadelphia Railroad; thence westerly by the changed. course of said railroad until the said railroad intersects the Lodge road at Silver Side Station; thence with said Lodge road, formerly called Cabin road, in a road, in a north-westerly direction until the said Lodge or Cabin road intersects the Faulk road at Talley's Corner." Brandywine Hundred Passes at Dover, May 4, 1893. |