314

CONVENTION ACTS. [CHAP. 327.

which such vacancy may occur, by the president of
said convention, or by the governor of the state,
give immediately public notice for special election
to be held at the usual place of holding election in
said county or city, not less than five nor more than
ten days after said notice for the purpose of supply-
ing such vacancy.

Constitution to
be submitted
to voters.

8. The constitution and form of government
adopted by said convention 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 regulations as the said conven-
tion may prescribe, and the provisions herein before
contained for the qualification of voters and the
holding of elections provided in the previous sec-
tions of this act, shall be applicable to the election
to be held under this section.

Failure to
make returns.

9. In case of refusal or neglect of any judges of
election, or of any clerk of the court, or of any sher-
iff of any county, or of the sheriff of Baltimore city,
to make any of the returns, or to perform any of the
duties required of them respectively, by the provi-
sions of this act, such judge, clerk or sheriff so refus-
ing, or neglecting, shall be liable -to indictment for
such offence, and upon conviction thereof, shall be
deemed guilty of a misdemeanor, and shall be sen-

Penalty.

tenced to pay a fine of not less than one thousand
dollars, and to imprisonment in the jail of the county
or city where such offence may have been commit-
ted, for a term of not less than six months.

Persona
ineligible.

10. No clergyman, minister of the gospel, preacher
of any denomination, no senator or representative in
congress of the United States, nor any judge of a cir-
cuit court, of the superior court, court of common
pleas, or criminal court, no state's attorney, no audi-
tor of the city of Baltimore, no clerk of any court,
no register of wills, nor any sheriff shall be eligible
to said convention.

Proclamation
by governor.

11. The governor shall receive the returns of the
number of votes cast in this state for the adoption or