72 CONVENTION. [1864, CH. 5.
that no Senator or Representative in the Congress of the United
States, or Judge of any Circuit Court, Superior Court, Court of
Common Pleas, or Criminal Court of the city of Baltimore,
clerks of said courts, Register of Wills or Sheriff, shall be
eligible to said Convention.
SEC. 5. And be it enacted, That if any vacancy or vacancies
occur, by death, resignation or otherwise, in either of the dele-
gations hereinbefore provided for, either before or after the
qualification of said delegates, the sheriff of the county or city
of Baltimore, in whose delegation such vacancy may occur,
shall, upon information thereof by said delegation, by the
President of said Convention, or by the G-overnor of the State,
immediately issue public notice for a special election, to be held
at the usual places of holding elections in said county or city,
not less than five nor more than ten days after said notice for
the purpose of supplying such vacancy.
SEC. 6. And be it enacted, That the Constitution and form of
government adopted by the said Convention, as aforesaid, shall
be submitted to the legal and qualified voters of the State, for
their adoption or rejection, at such time, in such manner, and
subject to such rules aud regulations, as said Convention may
prescribe; and the provisions hereinbefore contained for the
qualification of voters, and the holding of the elections pro-
vided in the previous sections of this act, shall be applicable to
the election to be held under this section.
SEC. 7. And be it enacted, That in case of any refusal or neglect
of any of the judges of elections, or of any clerk of the court,
or of any sheriff of any county or Baltimore city, to make any
of the returns or perform any of the duties required of them
respectively, by the provisions of this act, such judge, clerk, or
sheriff, so refusing or neglecting, shall be liable to indictment
for such offence, and upon conviction thereof shall be deemed
guilty of a misdemeanor, and be sentenced to a fine of not less
than five hundred dollars and to imprisonment in the jail of the
city or county where such offence may have been committed,
for a term of not less than six months.
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