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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 562   View pdf image (33K)
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562 ELECTIONS. [ART. 33

1908, ch. 122. 1912, ch. 228, sec. 173.

175. At any time within thirty days after any election or primary
election held under the laws of this State, any defeated candidate at
such election, or any ten duly qualified voters at such election, may
present to the Circuit Court of any county, or to the Superior Court
of Baltimore City, a petition setting forth under oath that corrupt
practices, contrary to the provisions of any section of this article, were
committed at or preliminary to such election, within the county or city
aforesaid, naming the successful candidate or candidates as defend-
ants, and praying that the facts alleged may be inquired into. The
Court, upon said petition and the affidavit or affidavits filed therewith,
shall promptly order such reasonable notice of such petition to be
given to the defendant or defendants, and require him or them, within
as short a time as may be reasonable, to answer, show cause or otherwise
defend as the Court may deem just and reasonable, upon the petitioners
giving security 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
ease shall be tried not later than fifteen days after such petition has
been filed and within such period if possible, and shall be given priority
over other Court business, 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 pre-
ceding 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. In every 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 determination and judgment as speedily as a just regard for the
rights of the parties concerned may permit and shall expeditiously
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 rela-
tive 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 orders, judgments, or

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 562   View pdf image (33K)
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