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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 930   View pdf image (33K)
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930 ELECTIONS. [ART. 33

require him or them to answer, show cause or otherwise defend as the
court may deem just and reasonable, upon the petitioners giving secur-
ity for costs in such sum of money as the court shall deem reasonable.
Such petition shall be tried without a jury, unless any of the parties
thereto shall elect to have the same tried by a jury. The case shall, if
possible, be tried in and during the term in which such petition may be
filed, and when a jury trial is demanded by any of the parties to such
petition, the jury for said term shall try it; and if the jury for said
term shall have been dismissed, the court shall recall said jury for the
purpose of trying said case. If such case arises during any non-jury
term of any of said courts, the court shall recall and reassemble the
jury which served during the last preceding jury term of said court, for
the purpose of trying said case, and such jury so called and reassembled
shall have the power to try said case as fully as if the same had arisen
during the term for which they shall have previously served. If in
any case it shall not be possible to try such case during the term in
which such petition shall have been filed it shall be tried during the
next succeeding term of the court. In every such case in which a jury
trial shall be demanded, the judge shall frame and submit to the jury
for its decision and verdict all appropriate and necessary issues of fact
presented by the pleadings in such case or by the scope of the inquiry
or inquiries presented by said case. The court shall bring said cause
to hearing, determination and judgment as speedily as a just regard
for the rights of the parties concerned may permit and shall expedi-
tiously inquire into, or, when a jury is demanded, cause the jury to
inquire into all the facts and circumstances and into such violations of
or failure to comply with the provisions of this article, as may be
alleged in any such petition, or into such other facts and circumstances
relative to any election or to any contribution, expenditure or liability
made, or any corrupt practice committed in connection therewith, which
at any time the court holding such inquest or presiding in said cause
shall deem necessary to secure compliance with the provisions of this
sub-title, or to punish for a violation thereof. All persons whom the
court shall deem proper or necessary to join or bring in as parties to
any such proceeding in order to make its order, judgments or writs
effective, may be joined as parties in such manner and upon such notice
as the court may direct. In case such petition relates to the election of
electors of president and vice-president of the United States, a senator
of the United States, a representative in congress, or the governor, or
attorney general, or a senator or delegate to the general assembly of
Maryland, or a judge, or a clerk of a court of law, or a register of
wills, or a state's attorney, the trial judge or judges shall have no power
to declare any such election to be void, but shall file his or their finding,
or, in a case where a jury shall have been demanded, the finding or
verdict of such jury, as to whether or not the successful candidate, or
any political committee or treasurer, or sub-treasurer, or political agent
acting for or on behalf of such candidate, was so guilty of corrupt
practices, with the secretary of state, together with the transcript of

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 930   View pdf image (33K)
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