590 ELECTIONS. [ART. 33

visors of Elections shall act and be judges of election for counting said
ballots acting as such in the premises within their respective geograph-
ical jurisdictions.

Upon the filing of said petition as aforesaid accompanied by affida-
Tits made by officers of election or by watchers, challengers or by other
persons setting forth acts of fraud, mistake, error or irregularity in
making said count or returns by the Judges of Election or setting forth
that some of the returns and tally sheets of said primary election show
on their face ambiguity, error, or fraud, mistake or miscalculation by
the judges of election, or if no such affidavits are filed with said peti-
tion and the petitioner in lieu of such affidavits offers to give and does
give bond, in amount to be fixed in each instance and approved by a
judge of the Supreme Bench of Baltimore City or of the Circuit Court
for the county as the case may be, to pay the reasonable costs of said
appeal, recount, review and recanvass. The said Supervisors shall in

either event produce before them the ballot boxes, returns, tally sheets
and paraphernalia of said election and shall proceed forthwith in a sum-
mary way without answer, pleading or technicality and without requir-
ing any evidence to be taken or proof submitted, to review the actions
of the Judges of Elections and recount the ballots in the precincts
named in said petition in said county, city, legislative district, ward
or other political division thereof as the case may be.

Said review, recount and recanvass shall be had with all possible

expedition and dispatch and in preference to all other business under
such mode of procedure as the Supervisors of Elections shall prescribe
by means of tellers appointed by them on the recommendation of and
with equal representation to the opposing candidates. The said super-
visors to pass upon and decide whether any ballot contested by the
teller for either side shall be rejected or counted. They shall sit for
said purpose in the court room of the Superior Court of Baltimore
City or of the Circuit Court for the county as the case may be every
day, including Saturdays, at least from nine o'clock A. M, to five
o'clock P. M., with one hour's intermission for lunch until said review,
recount and recanvass is completed. Said recount shall be had in the
presence of the candidates or their representatives and of the press and
general public. Upon the completion of said recount and recanvass
the said Supervisors shall award the costs of the same as follows:
If the result in such county, municipality, legislative district or other

district or political division as returned by the judges of election is

changed thereby or if there is a change thereby of two per cent, of the
total votes recounted the costs shall be awarded against the municipal-
ity or county in which said recount is held. But if the result in such

county, municipality or legislative district or other political division
is not changed thereby nor; two per cent, or more of the votes therein
recounted is found to have been erroneously counted, then the costs
shall be awarded against the petitioner, and his bond, if given as above,
shall be liable therefor.