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Session Laws, 1912
Volume 370, Page 1038   View pdf image
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1038 LAWS OF MARYLAND. [Ch. 680]

try to attend at the hearing or by counsel, and when the object
of the petition is to strike off the name of any person alleged
to be fictitious, deceased or disqualified, summons shall be
issued to such person which shall be summoned by the sheriff
within the time herein designated, at his place of residence
given in the registry. If the petition shall allege that any per-
son registered in any precinct does not reside in the city, it
shall be sufficient for the petitioner to show that the person to
whose registration he objects did not at the time when he was so
registered reside at the particular house or place described as
his residence on the registry; but the person to whose registra-
tion objection is so made shall have the right to show by affirma-
tive proof that although he may not have had a legal residence
at the place described by him as his residence at the time of his
registration, he had at such time a legal residence in said city.
At the hearing, evidence subject only to the ordinary rules of
evidence (as modified by the provisions of this section) may be
introduced for or against the application, and the judge shall
dispose of the matter summarily, by granting or refusing the
order prayed, and the clerk of the Court shall make a minute
of the proceedings. The cost of the proceedings in all such
appeal cases shall from and after the passage of this act,
be one-half of those provided for and usual under existing law.
If the board of registry shall have returned the registers to the
city register a certified copy of any such order granted by the
Court shall be delivered to said city register who shall there-
upon make the required corrections upon the proper registers
and under the head of "Remarks" note that the same was made
under such order of Court. The Court may enforce any such
order by attachment, as in proceedings for contempt. No per-
son admitted to the registry by order of Court shall be pro-
tected by such order if prosecuted for false registration or
false voting. In all such cases the petitioner may be repre-
sented by counsel, and in disposing of the petition the Court
shall have discretion to impose costs upon the petitioner, the
mayor and aldermen of Frederick, or the board of registry,
or any member or members thereof, as justice and equity may
require; but no attorney's appearance fee shall be taxed as part
of such costs. Exceptions may be taken to any ruling of the
Court at the hearing of any such petition and appeal allowed
to the Court of Appeals, as in other cases; all such appeals
shall be taken within five days from the date of the -decision
complained of, and shall be heard and decided by the Court
of Appeals as soon after the transmission of the records as may
be practicable.

 

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Session Laws, 1912
Volume 370, Page 1038   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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