The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-13

each officer chosen when the commas
sloncrs have performed the duties I'M
posed upon them by the sections reiefIcu
10. ana, finally,
section Ll directed that the cieiN
shall make out IN pursuance OF the deter
minatlon OF the commissioners cer1ln-
cate Of election for each OF the persons
having the highest number OF votes ior
county, corporation, or district Office
and deliver the same 10 the person
elected upon his making application there
Tor.
In the case before us 1t appears from
the petition OF Mckinney, and the al
swer filed by Peers. the clerk, that lhe
commissioners OF election met as directed
by section 1913; that from the lace u
the returns petitioner had received Us
candidate for the office Of justice OF lhe
peace In the Southside magisterial district
OK Appomattox county, pa votes Delns
the greatest vote cast for any one lot
that Office at that election. IL appears
that this result was ascertained IN the
mode prescribed by law; that IL was
reduced to writing and signed by All Oh
the commissioners present to-"N'
OBrien. owen. Agee, and Worley, pres
ent and acting; that II was attested by the
clerk, and annexed 20 the abstract OF votes
cast at the election, as required Dy sec
ton 1856 All these things were done III
the place and at the time tnd
In the manner prescribed by law.
The commissioners then LETT the
clerks Office and presently thereafter Re
turned and undertook to reconsider their
action. They rccOnvened and ADJOURNED
over until the following Monday, upon
which day they again assembled ana
threw out the vote cast at Spout spring
precinct and ascertalned that j. /. Lee
J. X. HILL and Il. W. smith, who had re-
ceiyed respectively III, i'll, Ia Noles'
were duly elected and entitled TO the Ger
tincate Of election in the room ana steau
Of william \. Durham, ID. W. Mchih-
uey. and {. ". Blockston, wn) had re-
ceived respectively 1s3 votes, 2h votes
and 10 votes, as ascertaincd al the ses-
sion of the board held upon the preceding
Saturday, and then proceeded 10 issu0
certificates of election 10 the persons
thus ascertainod to have received the
highest number of votes east.
we are Of the opinion that upon the
facts the law is plainly with the petition
CT.
LIST. When the result of the election
had been ascortalned from the returns
and mad been signed by the commission
ers and attested by the clerk. and had
been annexed to the abstract Of Tie
votes cast. the duties Of the board ceased
! and determined.
| ,. That the duties of the board under
the law are 10 ascertain the result from
! the face of the returns where the re-
| turns are in due form, and 10 cause any
| IRREGULARITIES In the making out ana
| authorization Of the returns 10 be cor
| rccted by those upon whom the law I'M
| poses the duty, and 10 this end they IRE
| required TO summon the judges and clerk
Of election Of the particular precinct Al
which the supposed irregularity occuired
| 10 appear at the county courthouse
upon a day named, not more than I'VE
| DAYS after the first meeting OF the BOARD
| and upon the returns as amended they
| are required to complete a canvass VI
votes provided Tor in section 1913.
3D. That the board Is clothed by law
with no other function or duty, and the
attempt to throw out precinct was q
| plain usurpa.ion or authority upon us
| part.
The certificate should have been award
ed 10 the petitioner. leaving the opposing
candidates 10 contest the election before
the courts in the mode prescribed by la"
For. these reasons We think the VIII oil
| mandamus should issue as prayed Tor
commanding George T. Peers, clerk as
aforesaid. 10 issue 10 the petitioner u Ger
tihcate OF his election as justice or the
| peace for SOuthside masisterial district
! OF AppOmattOx county.