Sec. 4. In case two or more persons,
legally qualified, according to the pro-
visions of the constitution of this State,
shall have an equal number of legal
votes, than and in that case, the Chan-
cellor shall communicate the fact, within
ten days after the reception of the elec-
tion returns, of the State, in writing to
the then Governor, whose duty it shall
be, and who is hereby authorized, and
directed, to convene, by proclamation,
upon reasonable notice, the General
Assembly, before whom the Chancellor
shall forthwith lay all the election re-
turns, and the Senate, and House of
Delegates, upon joint ballot, shall deter-
mine which one of them shall be Gover-
nor, and the one which, upon counting
the ballots, shall have the highest num-
ber of votes, shall be Governor, and
shall qualify as such.
Sec. 5. In case any one voted for at
such an election as Governor and pos-
sessing the legal qualifications according
to the constitution of this State, shall
come .forward within thirty days after
such election, and make oath before the
Chancellor of Maryland, that he has
good and sufficient reason to believe,
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that corruption existed, on the part of
the Judges of elections or any of them
and that he is prepared to prove, the
fact, or that he is prepared to prove,
that a sufficient number of illegal votes
were cast, at such election as to defeat
the election of the candidate who may
have the returns, then in that case, or
either of them, the chancellor shall with-
out delay communicate in writing to the
governor of the State, all the facts
in the premises, and upon such repre-
sentation of facts, the Governor is here-
by authorized, and directed to convene
by proclamation, upon reasonable
notice, the Senate of Maryland, before
whom the Chancellor, shall forthwith
lay all the election returns for governor,
with the affidavit of the contestant the
Senate, when so convened, shall decide
all questions in relation to the number
or legality of the votes given, for each
and any person, voted for, as Governor,
and in relation to the returns, and in
relation to the qualification of the per-
sons voted for as Governor, and all
other questions growing out of such a
state of facts, shall be decided by the
Senate.
411
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