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meeting of the board of county canvassers shall be deemned a continuation of its regular session, and the statement and certificates shall be made and filed as the court shall direct; and so far as the same shall vary from the original certificates and statements, the statements and certificates made under the order of the court shall stand in lieu thereof, and shall in all places be treated with the same effect as if such corrected statement had been a part of the original required by law. § 1, ch. 460, 1880, entitled An act to extend the authority of the supreme court in proceedings by writ of mandamus, to correct errors in the determination of boards of county canvassers.Passed May 27, 1880 ; three-fifths being present.

be the

in Mandamus.

Practice to be the same as in mandamus. Practice to Sec. 315. The practice in such proceedings in mansame as, damus shall be the same as in cases of mandamus against

a board of supervisors, and for the purpose of service of papers and other proceedings, the board of county canvassers, as organized and existing at the time of making the original canvass, shall be deemed a continuing board. § 2, same ch.

ARTICLE SECOND.

Of the duties and proceedings of the county clerk.

County clerk to deliver statements

County clerk to deliver statements to board.

Sec. 319. The county clerk shall deliver to the board

of county canvassers all the certified statements of the to board.votes taken in each town or ward at the next preceding

election that shall have been received at his office. $ 16, tit. 5, ch. 130, 1842.

County clerk to procurer turns.

When county clerk to procuro returns.

Sec. 320. If, on the day appointed for the meeting re of the board of county canvassers the board shall not

have been organized, owing to a deficient return of the votes of the county, the county clerk shall, by a special messenger, or otherwise, obtain necessary statements or certified copies thereof, in time to be produced to the board at their next meeting. $ 17, tit. 5, ch. 130, 1842.

To record statements.

SEC. 321. The county clerk shall record in his office to record all the statements and certificates, that shall have been ments. delivered to him by the county board of canvassers, and shall keep a proper book for that purpose. § 18, same

statements.

tit.

three cop

To prepare three copies.

Sec. 322. Of the statement and certificate of the votes To prepare for the office of governor, lieutenant-governor, (chief and ies. associate) judges of the court of appeals, justices of the supreme court, secretary of State, comptroller, treasurer of the State, attorney-general, State engineer and surveyor, senators, and representatives in congress, or either of them, he shall prepare three certified copies under his signature, and sealed with his seal of office. $ 19, tit. 5, ch. 130, 1842, as amended by $ 18, ch. 240, 1847, and modified by State constitution.

mit the

the gover

To transmit the same to governor, secretary and comptroller.

SEC. 323. Within five days after the adjournment of To transthe board of county canvassers, the county clerk shall same to deposit in the nearest post-office, directed to the gov-nor, secreernor, to the secretary of State, and to the comptroller, comptrol

ler. each, one of the certified copies of the statement and certificates of votes, so prepared by him. $ 20, tit. 5, ch. 130, 1842.

tary and

copy

To deliver copy certificate to county officers elect.

Sec. 324. He shall prepare as many certified copies of To deliver each certificate of the determination of the board of county certificate canvassers, as there are persons declared to be elected in officers such certificate, and shall, without delay, deliver one of such copies to each person so elected. $ 21, same tit.

to county

elect.

County clerk shall send to secretary of State list of members of assembly and county officers elected.

Sec. 325. He shall transmit to the secretary of State, County, within twenty days after a general election, and within send to

of State

secretary ten days after a special election, a list of the names of list oate the persons elected in the county as members of assem

bly, and also a list of the names of all persons elected to any county office at such election, with the places of their residence respectively. $ 22, tit. 5, ch. 130, 1842.

members of assenbly and county officers elected.

County clerk to send to secretary of State certified copy of official canvass.

County clerk to send to secretary of State certified copy of official canvass.

SEC. 326. It shall be the duty of the clerk of each county in the State to transmit by mail to the secretary of State, on or before the fifteenth day of December in each year, a certified copy of the official canvass of the votes cast in said county, by election districts, at the then next preceding general election. Ch. 474, 1873.

ARTICLE THIRD.

of State to

fied statements.

Of the duties of the secretary of State previous to the

meeting of the State canvassers. Secretary of State to file certified statements. Secretary. Sec. 327. It shall be the duty of the secretary of State Ale certi- to file in his office the certified staternents received by

him from a county clerk; and to obtain from the governor and comptroller every such certified statement received by either of them, and to file the same in his office. § 23, tit. 5, ch. 130, 1842.

When to send special messenger to county clerks. When to Sec. 328. If, from any county from which such stateciai mes ment shall be due, none shall have been received or ob

tained by him, on or before the last day of November
next after a general election, and within twenty days
after a special election, he shall dispatch a special messen-
ger to obtain such statement from the clerk of such
county. § 24, same tit.
Duty of clerks.

Sec. 329. Such clerk shall immediately, on the demand of such messenger, made at his office, make out and deliver to such messenger the statements required. § 25, same tit. .

When to send spec

county clerks.

Duty of clerks.

messen

Duty of messengers.

Sec. 330. The messenger shall deliver to the secretary Duty of of State, as soon as may be, all such statements as he gers. shall receive, to be filed and recorded as aforesaid. $ 26, tit. 5, ch. 130, 1842.

to notify

vassers.

Secretary to notify State canvassers.

Sec. 331. The secretary of State shall appoint a meet- Secretary ing of the State canvassers to be held at his office, or that State canof the treasurer or comptroller, on or before the fifteenth day of December after each general election, and within forty days after a special election. $ 27, same tit. Secretary when to notify mayor, etc., of Albany.

Sec. 332. If a majority of those officers shall be unable Secretary, or shall fail to attend on the day appointed, he shall give notify notice to the mayor and recorder of the city of Albany, etc., of

y Albany. that their attendance is required. $ 28, same tit.

when to

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ARTICLE FOURTH.

Of the formation and proceedings of the board of State

canvassers.

State can.

how com

Board of State canvassers, how composed.

Sec. 333. The secretary of State, comptroller, survey- Board of or-general, attorney-general and treasurer shall be the vassers, State canvassers; three of whom shall be a sufficient posed. number to form a board. After the present year the State engineer and surveyor shall be one of the State canvassers, in the place of the surveyor-general. $ 29, tit. 5, ch. 130, 1842, as amended by $ 19, ch. 240, 1847. :

State can.

how com

Board of State canvassers, how composed.

Sec. 334. If a majority of those officers shall be unable Board of or shall fail to attend, the mayor and recorder of the passers, city of Albany, being notified by the secretary of State, posed. shall attend without delay, and, with the officers attend. ing, shall form the board. $ 30, tit. 5, ch. 130, 1842. State canvassers, how to proceed.

SEC. 335. The board, when thus formed, shall, upon the State can

vassers,

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certified copies of the statements made by the boards of county canvassers, proceed to make a statement of the whole number of votes given at such election for the office of governor and lieutenant-governor, or either of them; another statement of the votes given for the office of senator; and another, of the votes for representative in congress; another, of the votes for [chief judge; another, of the votes for associate] judges of the court of appeals; another, of the votes for justices of the supreme court; another, of the votes for secretary of State; another, of the votes for comptroller; another, of the votes for State treasurer; another, of the votes for attorney-general; another of the votes for State engineer and surveyor; each of which statements shall show the names of the persons to whom such votes shall have been given for either of the said offices, and the whole number of votes given to each ; distinguishing the several districts and counties in which they were given. They shall certify such statements to be correct, and subscribe the same with their proper names. § 31, tit. 5, ch. 130, 1842, as amended by 3 20, ch. 240, 1847, and modified by amendments to State Constitution.

vassers to determine and de

State canvassers to determine and declare persons elec

ted. State can- Sec. 336. Upon such statements they shall then prodetermine ceed to determine and declare what persons have been, clare per- by the greatest number of votes, duly elected to such

offices, or either of them. $ 32, tit. 5, ch. 130, 1842.

sons elected.

scribe certificates.

To subscribe certificates. To subor. Sec. 337. They shall make and subscribe on the

proper statement, a certificate of such determination, and shall deliver the same to the secretary of State. $ 33, same tit.

Disseuts.

Dissents.

Sec. 339. If any one of the canvassers shall dissent from a decision of the board, he shall state at large, in writing, the reasons of such dissent. $ 34, same tit.

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