914 ELECTIONS. [ART. 33

1904, art. 33, sec. 128. 1888, art. 33, sec. 94. Ibid. sec. 53. Ibid. sec. 120.
130. All cases of contested elections of any of the officers not pro-
vided for in the constitution, or in the preceding sections shall be decided
by the judges of the several circuit courts, each in his respective circuit
and by the superior court of Baltimore city, in the city of Baltimore.

The power of the courts under this section includes authority to decide all
matters involved In the contest; to declare who was elected; that the office
was vacant, and that notice be given the governor. Handy v. Hopkins, 59
Md.168.

This section was passed In pursuance of the constitutional direction that
the legislature make provision for contested elections not provided for by
the constitution. This section is still in force under the constitution of
1867. The court will either decide which contestant was elected, or notify
the governor of a vacancy. Anderson v. Levely, 58 Md. 201. See also, War-
field v. Latrobe, 46 Md. 123.

For the effect of the petitioner having a remedy under this section, and
proceedings already instituted thereunder, upon an application for man-
damus to direct the governor to issue a commission, see Brown v. Bragunier,
79 Md. 242.

Ibid. sec. 129. 1888, art. 33, sec. 95. Ibid. sec. 54. 1892, ch. 12.
Ibid. sec. 121.

131. Each judge of the circuit court and of the superior court of
Baltimore city may adopt such modes of proceeding and adjudging
costs in cases of contested elections as to him shall seem most satisfac-
tory, but the rules of taking testimony in such cases shall be the same
as those which regulate the taking of testimony in contested election
cases cognizable by the house of delegates.

When the boxes have been kept as required by section 78, the ballots may
be examined by the court. Leonard v. Woolford, 91 Md. 627.

This section was passed in pursuance of the constitutional direction that
the legislature make provision for contested elections not provided for by
the constitution. This section does not delegate legislative power to judges.
It is still in force under the constitution of 1867. Anderson v. Levely, 58 Md.
201. See also, Warfield v. Latrobe, 46 Md. 123.

Ibid. sec. 130. 1892, ch. 12, sec. 95 A. Ibid. sec. 122.

132. If either party shall deem himself aggrieved by the decision of
any of the circuit courts or the superior court of Baltimore city in
cases of contested elections he shall have a right of appeal to the court
of appeals, as in other cases; said appeal to 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 transmission of the record
as may be practicable, and the testimony taken in such cases shall be
sent up to the court of appeals as part of the record.

The court of appeals will not consider an agreement of counsel made up
after the trial containing a condensation of the testimony, nor will it examine
the original ballots as provided in such agreement. Copies of the disputed
ballots should be incorporated in the record with the rulings of the court
thereon. Leonard v. Woolford, 91 Md. 627.

Ibid. sec. 131. 1888, art. 33, sec. 96. 1890, art. 35, sec. 55.

Ibid. sec. 123.

133. The party intending to contest an election for the senate or
house of delegates shall give notice of such intention to the person