ELECTIONS 1479

For a case in which mandamus to direct the Governor to issue a commission under
art. 33, sec. 70, of the Code of 1888, was refused because of imperfections in election
judges' certificates as to number of votes cast, etc., see Brown v. Bragunier, 79 Md. 237.

Cited but not construed in Dorsey v. Ennis, 167 Md. 450.

An. Code, 1924, sec. 93. 1912, sec. 85. 1904, sec. 83. 1896, ch. 202, sec. 78. 1906, ch. 544,

sec. 83. 1937, ch. 95, sec. 93.

129. If, upon proceeding to canvass the votes, it shall clearly appear
to the Canvassing Board for the city or county that in any statement or
tally-sheet produced to them certain matters are omitted which should have
been inserted, or that any mistakes exist, they shall immediately issue a
subpoena to the judges who made said return, and to the clerks (in those
precincts in which clerks shall have been appointed) who joined therein,
and said judges and clerks shall forthwith attend and shall make such
corrections as the facts of the case require, but such changes shall not
alter any decision before duly made by them, but shall cause the canvass
to be correctly stated; and the said Board of Canvassers are authorized to
adjourn from day to day for the purpose of obtaining and receiving such
corrected statements, such adjournment not to extend beyond three days.

This section does not authorize canvassers to correct mistakes. No mistake held to
have been made. Intention of this section is that such corrections as are authorized
by it should be promptly made. See notes to sec. 116. Canvassers of Election v. Noll,
127 Md. 306.

This section referred to in construing section 119; see notes thereto. Price v. Ashburn,
122 Md. 524.

An. Code, 1924, sec. 94. 1912, sec. 86. 1904, sec. 84. 1896, ch. 202, sec. 79.

130. Whenever it shall be made to appear by affidavit that errors have
occurred in the determination of the board of canvassers of any county or
city in the State, the circuit court of the county or the superior court of
Baltimore City 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 said board to make such corrections, or show cause aforesaid,
said court may compel said board by 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 convene for the purpose of making
such corrections. For the purpose of making such corrections as the court
shall order, the meeting of the board of canvassers shall be deemed a con-
tinuation of its regular session, 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 thereof, 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 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.

Person injured by error of canvassers should appeal to Superior Court to require
error to be corrected before applying for mandamus to compel such correction Dorsey
v. Ennis, 167 Md. 445.