The counties of Lowndes, Monroe and Rankin, shall, in like manner, jointly have one representative.

And the counties of Lawrence, Covington and Simpson, shall, in like manner, jointly have one representative.

SEC. 3. And be it further enacted, That the returning officers of the several counties of this state, at the time of Duty of returning advertising the election of members to the next General officers. Assembly, shall also notify the inhabitants that an election, will, in like manner, and at the same time and place, be held for representatives in a convention, to be formed for the purpose of revising and amending, or changing the constitution; and the said returning officers shall, at the time and places of electing members to the General Assembly, open the polls and conduct the election for representatives in the convention, in the same manner in which the election of members to the General Assembly is conducted: and if any two persons, in any county or district shall have an equal number of votes, the returning officer of each county or district shall have the casting vote: and it shall be the duty of the returning officer of each county, or electoral district, within fifteen days after the election, to deliver to each person elected a member to the convention. a certificate under his hand and seal, that he is duly elected a member to the convention from such county or electoral district, as the case may be, and also to transmit to the secretary of state a certified statement of the whole number of votes given for each person voted for as representative in the convention, in the county or district for which he may be returning officer.

At

what

shall meet.

SEC. 4. And be it further enacted, That the persons elected members to the convention, shall meet at the town time the of Jackson, in the county of Hinds, on the second Monday convention of September next, and there form themselves into a convention, for the purpose aforesaid, and elect such officers as they may think proper, and as a remuneration of their services, the officers and members of the convention shall be respectively allowed the same compensation in all respects as is allowed by law to officers and members of the General Assembly, and on the delivery of a certificate of the sum due, under the hand of the president of the convention,

shall issue

the auditor shall issue his warrant for the amount on the treasurer, to be paid out of any money in the treasury not otherwise appropriated.

SEC. 5. And be it further enacted, That in case of the Governor death, resignation or removal of any member elected to the writ of elec- convention, from any county or district, the governor shall tion to fill issue his writ of election, directed to the sheriff, or other

vacancies.

returning officer or officers of the county or district in which such vacancy shall happen, as the case may be, directing an election to be held according to law, to supply the vacancy occasioned by such death, resignation or removal, which election shall be held and conducted in all respects agreeably to the provisions of this act.

Approved, December 16, 1831.

AN ACT, for the division of certain appropriations therein named. Whereas, in the division of the three per cent. fund Preamble. amongst the several counties of this state, there was appropriated the sum of three thousand five hundred dollars, being the amount which fell to the share of Jackson, Green, Perry and Wayne for the clearing out the east pass, at the mouth of the Pascagoula river; and whereas, the general government having made an appropriation for the same purpose, which appropriation has been sufficient to render said pass navigable; and accomplish the object contemplated, Therefore,

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the said sum of three thousand five hundred dollars, appropriated by sundry acts of the legislature of this state, for the purpose above mentioned, be deposited by the commissioners who were heretofore appointed, by sundry acts of the legislature, to open and superintend the east pass at the mouth of the Pascagoula river, be, and they are hereby required to pay over the above mentioned sum of three thousand five hundred dollars, and the interest thereon, to David McRae, of Green county, and John P.

McIntosh of Wayne county, who are hereby authorized to collect the same.

tions to be

David Mc

SEC. 2. And be it further enacted, That the above mentioned David McRae and John P. McIntosh are hereby Appropriaauthorized and required to vest the above mentioned sum paid over to of three thousand five hundred dollars, when collected in Rae bank stock, for a term not less than five years, nor more McIntosh. than eight years, and to be appropriated only for the pur-pose of internal improvement.

John P.

and

SEC. 3. And be it further enacted, That all acts, and Repealing parts of acts coming within the purview and meaning of clause. this act, be, and the same are hereby repealed.

Approved, December 16, 1830.

NOTE. This act was omitted in the publication of the laws of 1830.

AN ACT, to amend the laws now in force in relation to the mode of electing Sheriffs and Coroners.

Who au

re

turning officer in the election of a sheriff or

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That in all vacancies that now are, or may here- thorized to after happen, in the office of sheriff or coroner, in any act as county in this state, the governor shall, upon his being informed of such vacancy, by the chief justice, or any one of the associate justices of the county, issue his writ of elec- coroner. tion, directed to the presiding justice or to either of the associate justices of the county court, or to any justice. of the peace of the county in which such vacancy may happen, directing an election to be held to supply such vacancy, and, in such case, the said presiding justice, associate justice, or justice of the peace, to whom such writ of election shall be directed, shall be an authorized returning officer, and shall hold an election to supply such vacancy, which shall be held and conducted in all other respects, agreeably to the laws now in force.

SEC. 2. And be it further enacted, That whenever any sheriff or coroner shall be hereafter elected, if there shall be a vacancy in the office of presiding justice of the court,

the

prove the

sheriff or

nister oath

or if he shall be absent from the county, so that the person An assohaving the greatest number of votes for the office of sheriff ciate justice or two or coroner, shall not be able to procure from such presiding justices of peace justice, an endorsement of his approbation of the securities may ap named in the bond of such sheriff or coroner, and the requibond of a site certificate of his having administered the oath of office, coroner, it shall and may be lawful for such person elected sheand admi riff or coroner, to have his bond approved, and the requiof office. site oath administered by either of the associate justices of the county court, or by any two of the justices of the peace of the county in which he may have been elected and the bond having the requisite endorsements made thereon, by such associate justices of the peace, shall be deemed sufficient, and shall have the same effect as if thus qualified by the presiding justice of the county court: Provided, that it shall be also certified on such bond, that the office of presiding justice is vacant, or that he is absent from the county.

Proviso.

SEC. 3. And be it further enacted, That the returning officers of the counties where elections are held at more Returning than one precinct in the county, shall be authorized to appoint de appoint deputies for the several precincts of election; and puties, &c. if inspectors shall not have been appointed by the county

officers may

court, or having been appointed, shall fail to attend, the returning officer and his deputies may, for their respective precincts, appoint inspectors, in the manner heretofore in use; and such returning officer may, in general, do all other acts in relation to elections that the sheriffs may lawfully do, when acting as returning officers in elections. Approved, December 15, 1831.

Time of election for

AN ACT, directing the mode of choosing Electors to vote for President and Vice-President of the United States.

SEC. 1. Be it enacted by the Senate and House of Repreholding sentatives of the state of Mississippi, in General Assembly electors of convened, That, for the purpose of electing four electors,

president

and vice or such other number of electors as this state may at the president.

time be entitled to, to choose a president and vice-president of the United States, the qualified voters in this state shall meet at their respective court-houses, or places appointed by law, for holding elections in their respective counties, on the first Monday in November next, and also on the first Monday in November in each and every year when the election for president and vice-president shall take place, and vote for four persons, or such other number of persons as this state may, at the time, be entitled to, who shall be residents of this state, as electors, to vote for president and vice-president of the United States.

of

and clerks.

SEC. 2. And be it further enacted, That the inspectors and clerks of elections shall be appointed in the same manner, ment and the same rules and regulations shall be observed, by inspectors the several sheriffs, inspectors, clerks and voters, as is provided by law in electing members to the general assembly, and they shall be severally liable to the same penalties, to be recovered in the same manner.

Duty of and sheriffs.

inspectors

SEC. 3. And be it further enacted, That it shall be the duty of the inspectors of the separate districts, to make out a fair transcript of the votes given to each candidate, and deliver those given in the separate election districts, to the sheriff of their respective counties, within three days, inclusive, after the commencement of said election, and the sheriff of each county shall, on or before the fifth day, inclusive, after the commencement of the election, transmit a certificate of the election, shewing the number of votes taken in his county, to the secretary of state, under the penalty of two thousand dollars, to be collected by motion secretary of in any court having cognizance of the same, ten days previous notice being given; and the secretary on the receipt of such certificate, shall carefully compare the polls, make addition of the number of votes given and returned from the several counties, and shall cause the names of the four, or other number of persons so elected, to be published in the gazette of the public printer.

state.

Electors to

meet on first

in Decem

SEC. 4. And be it further enacted, That the electors, so elected, shall meet at the seat of government for the state, Wednesday on the first Wednesday in December thereafter, and there ber, and give their votes for president and vice-president of the give their

votes.