1 1 the board of inspectors, with the clerk of the county outside of the city of New York of which such officers or any of them are voted for at such election. The sealed packages of detached stubs, and ballots not used at the election shall, in the city of New York, be given by the inspectors to the police who shall return them to the bureau of elections of the borough within which the election district is located. All such packages of detached stubs and unused ballots shall be preserved inviolate in the office in which they are filed, for a period of six months from the time of filing thereof, and may be opened and examined upon the order of the supreme court or a justice thereof or a county judge within such county, or by a committee of the legis lature, and at the expiration of such time may be disposed of in the discretion of the officer or board having custody of the same. (Thus amended by chap. 95, Laws of 1901.) Subdivision 3. In the election districts within the metropolitan elections district the certified copy of the original statement of canvass, the tally sheet and poll book required to be filed with the town or city clerk under subdivision one of this section and the certified copy of the original statement of canvass required to be filed with the city clerk of the city of New York, the poll book and tally sheet required to be filed with the superintendent of elections of such city and with the chief of the branch bureaus of elections within such city under subdivision two of this section, shall be forthwith filed by such officers in the office of the state superintendent of elections for the metropolitan elections dis trict. (Subdivision added by chap. 630, Laws of 1899.) Subdivision 4. In the county of Erie one certified copy of the statement of canvass and one tally sheet shall be filed forthwith by one inspector deputed for that purpose, with the clerk of the town or the clerk of the city of Buffalo, or the clerk of the city of Tonawanda, as the case may be, and one certified copy with the clerk of the county of Erie. The original statement of the result of the canvass, together with one tally sheet, the package of void and protested ballots and any and all other packages required by law to be filed by a board of election inspectors, not herein otherwise specified, shall, within twenty-four hours after the completion of such canvass, be filed by the chairman of each board of inspectors with the commissioner of elections. All poll lists for the various election districts in the city of Buffalo shall be filed with the commissioner of elections and those for the city of Tonawanda with the clerk of such city, and those for the towns in Erie county with the town clerks thereof. (Subdivision added by chap. 643, Laws of 1905.) § 114. Judicial investigation of ballots.- If any certified original statement of the result of the canvass in an election district shall show that any of the ballots counted at an election therein were objected to as marked for identification, a writ of mandamus may, upon the application of any candidate voted for at such election in such district, within twenty days thereafter, issue out of the supreme court to the board or body of canvassers, if any, of the return of the inspectors of such election district, and otherwise to the inspectors of election making such statement requiring a recount of the votes on such ballots. If the court shall, in the proceedings upon such writ, determine that any such ballot was marked for the purpose of identification, the court shall order such ballot and the votes thercon to be excluded upon a recount of such votes. A like writ may in the same manner be issued to determine whether any ballot and the votes thereon which has been rejected by the inspectors as void, shall be counted. If in the proceedings upon such writ the court shall determine that the votes upon any such ballot rejected as void shall be counted, the court shall order such ballot and the votes thereon to be counted upon a recount of such votes. Boards of inspectors of election districts, and boards of canvassers, shall continue in office for the purpose of such proceedings. ARTICLE VI. County and State Boards of Canvassers. SECTION 130. Organization of county board of canvassers. 131. Production of original statements and copies thereof. 135. Statements of canvass by county boards. 136. Decisions of county boards as to persons elected. 137. Transmission of statements of county boards to secretary of state. 138. Organization and duties of board of canvassers of the city of New York. SECTION 139. Organization of state board of canvassers. 140. Canvass by state board. ? 142. Record in office of secretary of state of county officers elected. § 130. Organization of county board of canvassers. The board of supervisors of each county shall be the county board of canvassers of such county. of canvassers of the counties wholly or partly within the city of The county board New York shall be the city board of canvassers of the city of New York within their respective counties. canvassers of a county containing a city having a population of The county board of not less than fifty thousand and not more than three hundred thousand, shall be the city board of canvassers of such city. The county board of canvassers of the respective counties shall meet on the Tuesday next after each election of public officers held in such county other than an election of town, city, village or district school officers held at a different time from a general election. In the county of Erie the board of county canvassers shall meet at the usual place of meeting of the board of supervisors and in all other counties at the office of the county clerk. Upon such meeting they shall choose one of their number chairman of such board. In the county of Erie the commissioner of elections shall be the secretary of the board of county canvassers and in all other counties the county clerk, or if he be absent or unable to act, the deputy county clerk of such county, shall be the secretary of such board. The secretary of the board shall thereupon administer the constitutional oath of office to the chairman of the board, who shall then administer such oath to each member, and to the secretary of the board. A majority of the members of any board of canvassers shall constitute a quorum thereof. If, on the day fixed for such meeting, a majority of any such board shall not attend, the members of the board then present shall elect the chairman of the board and adjourn to some convenient hour of the next day. If such board, or a majority thereof, shall fail or neglect to meet within two days after the time fixed for organizing such board, the supreme court, or any justice thereof, or county judge within such county, may compel the members thereof by writ of mandamus to meet and organize forthwith. (Thus amended by chap. 105, Laws 1908.) § 131. Production of original statements and copies thereof.- As soon as such board of county canvassers shall have been organized, the officer with which they were filed, shall deliver to such board of canvassers all the original statements of canvass received from inspectors of election for districts within the county for which said board are county or city canvassers The copies of the original statements which have been delivered to members of the board of assessors shall then be delivered to the board. If any member of the county board of canvassers shall be unable to attend the first meeting of such board, he shall, at or before such meeting, cause to be delivered to the secretary of such board all such copies of original statements delivered to him, and any original statement that may have come into his pos session. If, at the first meeting of a county board of canvassers of any county, all such original statements of the result of the canvass of the votes cast at such election in all the election districts in the county shall not be produced before the board, it shall adjourn to some convenient hour of the same or the next day, and the secretary of such board shall, by special messenger or otherwise, obtain such missing original statements, if possible, otherwise he shall procure one of the certified copies thereof in time to be produced before such board at its next meeting. At such first meeting, or as soon as an original statement of the result of the canvass of the votes cast at such election in every election district of the county shall be produced before such board, or a copy thereof, in case the original cannot be produced, the board shall, from such original statements and certified copies, proceed to canvass the votes cast in such county at such election. (Thus amended by chap. 379, Laws of 1897.) $132. Correction of clerical errors in election district statements. If, upon proceeding to canvass such votes, it shall clearly appear to any county board of eanvassers that certain matters are omitted from any such statement or copy, which should have been inserted, or that any merely clerical mistakes exist therein, they shall have power, and such power is hereby given, to summon the inspectors of election whose names are subscribed thereto, before such board, and such inspectors shall forthwith meet and make such correction as the facts of the case require; but such inspectors shall not change or alter any decision before made by them, but shall only cause their canvass to be correctly stated. The board of county canvassers may adjourn from day to day not exceeding three days in all, for the purpose of obtaining and receiving such corrected statements. § 133. Correction in state or county board of canvassers' statements.— The supreme court may, upon affidavit presented by any elector, showing that errors have occurred in any statement or determination made by the state board of canvassers, or by any board of county canvassers, or that any such board has failed to act in conformity to law, make an order requiring such board to correct such errors, or perform its duty in the manner prescribed by law, or show cause why such correction should not be made or such duty performed. If such board shall fail or neglect to make such correction, or perform such duty, or show cause as aforesaid, the court may compel such board, by writ of mandamus, to correct such errors or perform such duty; and if it shall have made its determination and dissolved, to reconvene for the purpose of making such corrections or performing such duty. Such meeting of the board of state or county canvassers shall be deemed a continuation of its regular session, for the purpose of making such corrections, or otherwise acting as the court may order, and the statements and certificates shall be made and filed as the court shall direct, and shall stand in lieu of the original certificates and statements so far as they shall vary therefrom, and shall in all places be treated with the same effect as if such corrected statement has been a part of the original required by law. A special proceeding authorized by this sec tion must be commenced within four months after the statement or determination in which it is claimed errors have occurred was made, or within four months after it was the duty of the board to act in the particular or particulars as to which it is claimed to have failed to perform its duty. § 134. Proceeding of state board of canvassers upon corrected statements. When a new or corrected statement or certificate, made by a board of county canvassers, under the provisions of the preceding section, shall vary from the original statement or certificate with reference to votes for the offices of governor, lieutenant-governor, judge of the court of ap |