ART. 33] APPEAL TO THE COURTS. 857

registration books, he is not a resident of the said precinct, unless it
should be affirmatively shown that he is such resident, and the entries
made in such registration books shall not be considered by the court as
evidence of any fact therein stated, but the case shall be heard de novo
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 proceeding. The cost of proceed-
ings in all such appeal cases shall from and after the twenty-ninth
(29th) day of March, 1902, be one-half of those provided for and usual
under existing law. If the board of registry shall have returned the
registers to the supervisors of elections, a certified copy of any such
order granted by the court shall be delivered to said supervisors, who
shall thereupon make the required correction upon the proper registers,
and under the head of "remarks" note that the same was made under
such order of the court. The court may enforce any such order by
attachment as in proceedings for contempt. No person admitted to
the registry by the order of court shall be protected by such order if
prosecuted for false registration or false voting. In all such cases the
petitioner may be represented by counsel, and in disposing of the peti-
tion the court shall have discretion to impose the costs upon the peti-
tioner, the county commissioners or the mayor and city council of
Baltimore, 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. In Baltimore city the supreme
bench shall from time to time assign a judge or judges before whom or
any of whom such petitions shall be heard, and neither party shall have
any right of removal. 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 record as may be practicable.

Jurisdiction.

Nature and extent of the jurisdiction conferred upon the courts by this
\section—how it is to be exercised. Collier v. Carter, 100 Md. 384; Smith v.
McCormick, 105 Md. 225; Wilson v. Carter, 103 Md. 130.

Where the complaint is that the board has failed to place a name upon the
suspected list, the circuit court has no Jurisdiction to strike that name from
the registry. When an appeal lies from the action of the boaijd of registry.
Wilson v. Carter, 103 Md. 130.

An appeal must be taken within the time prescribed by this section, and
neither an agreement of counsel nor an order of court can confer jurisdic-
tion where the appeal is taken thereafter. Cox v. Bryan, 81 Md. 288; Plum-
mer v. Wilson, 73 Md. 473.

Under the act of 1882, ch. 22, if the appeal to the circuit court is prayed
prior to the election, the court will not be ousted of its Jurisdiction because
such appeal is not heard until after the election. Baltimore v. Fledderman
67 Md. 161.