ELECTIONS 1417

Under act of 1882, ch. 22, if the appeal to the circuit court is prayed prior to the
election, the court will not be ousted of its jurisdiction because such appeal is not
heard until after election. Baltimore v. Fledderman, 67 Md. 161.

Generally.

The petition under this section being in the nature of an appeal, cannot be filed
until after board of registry has acted upon application. When an appeal lies from
action of the board of registry. Collier v. Carter, 100 Md. 384; Smith v. McCormick,
105 Md. 225; Wilson v. Carter, 103 Md. 130; Hanson v. Daly, 129 Md. 289.

The portion of this section relative to presumption that a person continues to reside
where he is shown to have once resided, and that if it is shown that he does not reside
at residence given upon registration books, he is presumed not to reside in the precinct,
applied. Turner v. Crosby, 85 Md. 180; Howard v. Skinner, 87 Md. 558; Ritter v.
Etchison, 86 Md. 209; Turner v. Crosby, 85 Md. 688; Chew v. Wilson, 93 Md. 198.

In case of a suspected voter, the statute provides for constructive notice of petition
to strike his name off, and leaving summons at his residence as given in registry is
equivalent to service of the summons at such place, although voter has moved. Carter
v. Applegarth, 102 Md. 338. See also Applegarth v. Carter, 102 Md. 342.

On appeal under this section, the court of appeals is not limited to a review of
matters passed on below—see art. 5, sec. 10, and notes. Sufficiency of exception to
bring case up in court of appeals. Shaeffer v. Gilbert, 73 Md. 72.

If the order of appeal is filed within five days, bill of exceptions may be signed within
time allowed in other cases. Ritter v. Etchison, 86 Md. 207.

Legal services rendered in trial of appeals in accordance with this section must be
paid for under sec. 170. Anne Arundel County v. Melvin, 107 Md. 535.

As to civil liability of judges of election for fraudulently and maliciously refusing
to register a voter, see Friend v. Hamill, 34 Md. 298; Elbin v. Wilson, 33 Md. 142.
See also Hardesty v. Taft, 23 Md. 530.

Under act of 1890, ch. 573, an appeal could only be taken to circuit court after
final sitting of officers of registration. Ticer v. Thomas, 74 Md. 343.

Cited but not construed in Bangs v. Fey, 159 Md. 549; Binswanger v. Whittle, 176
Md. 148.

See notes to secs. 23 and 25.

An. Code, 1924, sec. 28. 1912, sec. 26. 1904, sec. 25. 1896, ch. 202, sec. 24. 1904, ch. 254.
1906, ch. 703. 1910, ch. 236 (p. 108).

30. In the counties a new general registration shall be made by each
board of registry in the year 1914; such new general registration shall be
made in the same way, at the same time, and under the same rules and
provisions in all respects as are in this article made for the first general
registration; and the respective boards of supervisors of elections in the
several counties are hereby authorized and required to furnish, whenever
in the judgment of said board it may be necessary or expedient, new books
of registry for use in any of the districts or precincts in the said several
counties, for the transcribing of the names of qualified voters residing
therein from the registration books in use. The said transcribing shall be
done in the office of the board of supervisors of election by two clerks to be
selected, one by the supervisors representing the majority party, and one by
the supervisor representing the chief minority party, as the said parties
are now constituted in this State. The transcribing shall be done by the
said clerks, both present at the same time, and new books, after being tran-
scribed, shall correspond in all respects, and if they do not correspond at
the conclusion of the work or if any error in the transcribing be alleged to
exist, either of said clerks or any citizen or voter in any of said counties
may file a petition in the circuit court within twenty days after said work is
finished, naming the said two clerks and the board of supervisors of elections
as defendants, and the said court shall have the power to make such order
for correction of said books as may be proper; any political party that polled
more than one per cent, of the votes cast at the last election may, through
its political committee, if it has one, or by citizens representing the said
party, if there be no political committee, name a watcher and substitute
watcher, who shall be permitted to attend at the transcribing of said names