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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2547   View pdf image (33K)
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FREDERICK COUNTY. 2547

in one or more of the newspapers printed in the City of Frederick, pro-
vided such official statement be so published without charge.

1898, ch. 2, sec. 270SSS. 1918 Code, sec. 421.

396. In the canvass of votes by the canvassing board for the city, said
board shall unless otherwise provided in the Constitution of this State,
declare who is elected to any city office or to any office voted for within
the territory of such city.

1898, ch. 2, sec. 270TTT. 1918 Code, sec. 422.

397. If upon proceeding to convass the votes, it shall clearly appear to
the canvassing board for the city that in any statement produced to them
certain matters are omitted which should have been inserted, or that any
mistakes which are merely clerical exist, they shall immediately issue
a subpoena to the judges and clerks, who made said return, and said
judges and clerks shall forthwith attend, and shall make such correction
as the facts of the case require, but such changes shall not alter any deci-
sion before made by them, but shall only cause the canvass to be correctly
stated. And the said board of canvassers are authorized to adjourn from
clay to day for the purpose of obtaining and receiving such corrected state-
ments; such adjournment not to extend beyond three days.

1898, ch. 2, sec. 270UUU. 1918 Code, sec. 423.

398. Whenever it shall be made to appear by affidavit that errors have
occurred in the determination of the board of canvassers of the city, the
Circuit Court for Fredecik County may, by order, require said board to
correct such errors or show cause why such corrections should not be
made; and in event of the failure of the said board to make such correc-
tion or show cause aforesaid, said Court may compel said board, by a
writ of mandamus, to correct such errors, and if said board of canvassers
shall have made its determination and dissolved, said Court may compel
it to reconvene for the purpose of making such corrections. For the pur-
pose of making such corrections as the Court shall order, the meeting of
the board of canvassers shall be deemed a continuation of its regular ses-
sion, and the statements and certificates shall be made and filed as the
Court shall direct, and, so far as the same shall vary from the original
statements and certificates, the statements and certificates made under the
order of Court shall stand in lieu theerof, and shall in all cases have the
same effect as if such corrected statements had been a part of the original
statement required by law. The practice in said cases shall be as in
mandamus proceedings, and the Court shall determine the time for the
speedy hearing thereof, in its discretion; and for the purpose of service
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
continuing board. There shall be the same right of appeal as in. other
mandamus 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,

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2547   View pdf image (33K)
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