ELECTIONS. 1281

of papers and other proceedings the board of canvassers, as organized and
existing at the time of making the original canvass, shall be deemed a con-
tinning board. There shall be the same right of appeal as in other man-
damus cases, but such appeal shall be taken within five days from the date
of the decision complained of, and shall be heard and decided by the court
of appeals as soon after the transmission of the record as possible, and the
testimony taken in such cases shall be sent up to the court of appeals as
part of the record.

A contest over an election to office of clerk of a circuit court must be made before
the house of delegates in accordance with art. 4, sec. 12, of the Constitution; this,
however, does not affect power of court to require canvassers to correct errors as
provided in this section. A suggestion that judges and clerks be summoned to make
a correction " in accordance with the finding, decision and determination of board of
canvassers," denied. Canvassers of Election v. Noll, 127 Md. 306.

This section held not to justify issue of a mandamus compelling supervisors of
elections to reject certain ballots and count others. The powers of the canvassers
(who are the same as the supervisors) are wholly different from, those of super-
visors under sec. 217. White v. Laird, 127 Md. 132.

See notes to art. 5, sec. 48.

An. Code, sec. 87. 1904, sec. 85. 1896, ch. 202, sec. 80. 1914, ch. 474, sec. 85.

95. The Secretary of State, Comptroller, Treasurer, Clerk of the Court
of Appeals and Attorney General shall constitute the Board of State Can-
vassers, three of whom shall be a quorum. The Secretary of State shall
appoint the meeting of the said Board, to be held at his office within thirty
days after any State election, or any election at which a candidate for
United States Senator be elected; if a majority do not attend, those present
shall adjourn until the next day, at which time they shall proceed, without
further delay, to canvass the votes. The Board, when thus formed, shall
from the certified copies of the statements made by the boards of city and
county canvassers, proceed to make a statement of the whole number of
votes given at such election for the several candidates for the offices named
in said statements and thereupon proceed to determine and declare what
persons have been, by the greatest number of votes, elected to such offices,
and each of them; they shall make and subscribe on a proper statement a
certificate of such determination, and shall deliver the same to the Secre-
tary of State. If any one of the canvassers shall dissent from the decision
of the board, he shall state at large in writing, the reasons for such dissent.
If any of the acts or proceedings of the Board shall appear to any one of
the canvassers to be illegal and irregular, such canvassers shall protest
against the same, in writing, setting forth distinctly the grounds of his
protest; the canvassers so dissenting or protecting shall deliver his dissent
or protest, signed with his proper name, to the Secretary of State who shall
file the same in his office, and he shall also keep on file in his office the copies
of the statements made by the board of city and county canvassers. The
board shall have power to adjourn, from day to day, during a period not
exceeding five days.

An. Code, sec. 88. 1904, sec. 86. 1896, ch. 202, sec. 81. 1914, ch. 474, sec. 86.

96. The Secretary of State shall record in his office, in a book kept by
him for that purpose, each certified statement and determination which
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