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Supplement to the Code of Public General Laws of Maryland, 1898
Volume 391, Page 270   View pdf image (33K)
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270 ELECTIONS. [ART.. 33

the facts of the case require, but such changes shall not alter any
decision 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 day to day for the purpose of obtain-
ing and receiving such corrected statements; such adjournment
not to extend beyond three days.

1806, ch. 202.

79. 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 the
event of the failure of said board to make such correction, or
show cause as 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 mak-
ing such corrections. For the purpose of making such correc-
tions as the court shall order, the meeting of the board of
canvassers shall be deemed a continuation 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 certifi-
cates 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 proceed-
ings, 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, and the testimony taken in such cases shall be sent up
to the Court of Appeals as part of the record.

 

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Supplement to the Code of Public General Laws of Maryland, 1898
Volume 391, Page 270   View pdf image (33K)
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