1416 ARTICLE 33

in such precinct, it shall be sufficient for the petitioner to show that the
person to whose registration he objects did not at the time when he was so
registered reside at the particular house or place described as his residence
on the registry; but the person to whose registration objection is so made
shall have the right to show by affirmative proof that, although he may not
have had a legal residence at the place described by him as his residence at
the time of his registration, he had at such time a legal residence in the said
precinct. In determining whether any person is or is not a resident of any
voting precinct, it shall be presumed that if a person is shown to have
acquired a residence in one locality, he retains the same until it is affirma-
tively shown that he has acquired a residence in another locality, and it
shall also be presumed that if a person is shown not to reside at the dwelling
given in the entries relating to him on the 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 dis-
pose 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
proceedings 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 dis-
posing of the petition the court shall have discretion to impose the costs upon
the petitioner, 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 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; Hanson v. Daly, 129 Md. 289.

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

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