Opinion
December 10, 1940.
D.B. McCormack, ( I.L. Rosenblum with him,) for the petitioner.
G.E. Bruen, for the respondent, submitted a brief.
Exceptions overruled. The judge was right in dismissing the petition for mandamus to require a recount of the votes for selectman. A condition for a recount is that the initial "statement" signed by voters must bear "a certificate by the registrars of voters of the number of names of subscribers which are names of registered voters in such ward or town." G.L. (Ter. Ed.) c. 54, § 135, as amended by St. 1933, c. 270, St. 1935, c. 59, § 1, and St. 1938, c. 250, § 1. That condition was not performed.