Practice to be the same as in mandamus. meeting of the board of county canvassers shall be deemed 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. Practice to be the same as in mandamus. SEC. 318. The practice in such proceedings in mandamus 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. County clerk to deliver statements to board. County clerk to procure returns. ARTICLE SECOND. Of the duties and proceedings of the county clerk. 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 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. When county clerk to procuro returns. SEC. 320. If, on the day appointed for the meeting 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. state 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 tit. To prepare three copies. three cop 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. To transmit the same to governor, secretary and comptroller. mit the the gover tary and 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, comptroleach, one of the certified copies of the statement and certificates of votes, so prepared by him. § 20, tit. 5, ch. 130, 1842. To deliver copy certificate to county officers elect. ler. copy to county 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. County clerk shall send to secretary of State list of members of assembly and county officers elected. elect. clerk shall SEC. 325. He shall transmit to the secretary of State, County within twenty days after a general election, and within send to secretary of State list of ten days after a special election, a list of the names of the persons elected in the county as members of assemof assembly, and also a list of the names of all persons elected to members bly and county officers elected. County clerk to send to secretary of State certified copy of official canvass. any county office at such election, with the places of their residence respectively. § 22, tit. 5, ch. 130, 1842. 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 of the official canvass of the copy votes cast in said county, by election districts, at the then next preceding general election. Ch. 474, 1873. Secretary of State to fied state ments. ARTICLE THIRD. Of the duties of the secretary of State previous to the meeting of the State canvassers. Secretary of State to file certified statements. SEC. 327. It shall be the duty of the secretary of State file certi- to file in his office the certified statements received by him from a county clerk; and to obtain from the gov ernor 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 spec senger to County clerks. When to send special messenger to county clerks. SEC. 328. If, from any county from which such stateciaimes- ment shall be due, none shall have been received or obtained 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 messenger to obtain such statement from the clerk of such county. 24, same tit. Duty of clerks. 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. Duty of messengers. messen 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. Secretary to notify State canvassers. to notify vassers. 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. when to 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 that their attendance is required. § 28, same tit. mayor. Albany, ARTICLE FOURTH. Of the formation and proceedings of the board of State canvassers. Board of State canvassers, how composed. State can how com 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. Board of State canvassers, how composed. State can how com SEC. 334. If a majority of those officers shall be unable Board of or shall fail to attend, the mayor and recorder of the vassers, city of Albany, being notified by the secretary of State, posed. shall attend without delay, and, with the officers attending, 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, how to proceed. State canvassers to and de 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 attor ney-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 § 20, ch. 240, 1847, and modified by amendments to State Constitution. State canvassers to determine and declare persons elected. 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 elect ed. To subscribe cer To subscribe certificates. SEC. 337. They shall make and subscribe on the tificates. proper statement, a certificate of such determination, and shall deliver the same to the secretary of State. § 33, Dissents. same tit. 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. |