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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1500   View pdf image (33K)
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1500 ARTICLE 33

An. Code, 1924, sec. 143. 1912, sec. 132. 1904, sec. 130. 1892, ch. 12, sec. 95A. 1896,

ch. 202, sec. 122.

183. If either party shall deem himself aggrieved by the decision of
any of the circuit courts or the superior court of Baltimore City in cases of
contested elections he shall have a right of appeal to the court of appeals,
as in other cases; said appeal to 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 transmission of the record as may be practicable,
and the testimony taken in such cases shall be sent up to the court of appeals
as part of the record.

The court of appeals will not consider an agreement of counsel made up after the
trial containing a condensation of testimony, nor will it examine original ballots as
provided in such agreement. Copies of disputed ballots should be incorporated in
record with rulings of court thereon. Leonard v. Woolford, 91 Md. 627.

An. Code, 1924, sec. 144. 1912, sec. 133. 1904, sec. 131. 1888, sec. 96. 1896, ch. 202, sec. 123.

184. The party intending to contest an election for the senate or house
of delegates shall give notice of such intention to the person elected, or,
in case of a tie vote, to the person against whom the contest is to be insti-
tuted, within thirty days after the judges of election shall have made
known publicly the state of the polls, unless at a special election to fill a
vacancy, when such notice shall be given within ten days after the state
of the polls is announced by the judges of election.
See notes to sec. 180.

An. Code, 1924, sec. 145. 1912, sec. 134. 1904, sec. 132. 1888, sec. 97. 1896, ch. 202, sec. 124.

185. Such notices shall be delivered in writing at the usual residences
of the person returned, and, if he be absent, shall.be left there.

An. Code, 1924, sec. 146. 1912, sec. 135. 1904, sec. 133. 1888, sec. 98. 1896, ch. 202, sec. 125.

186. The party intending to make examination shall, after such notice,
apply to some justice of the peace of the county or city wherein the election
is contested, and shall obtain a notice under his hand and seal, directed to
the opposite party, requiring him to attend in person or by attorney and
cross-examine witnesses.
See notes to sec. 180.

An. Code, 1924, sec. 147. 1912, sec. 136. 1904, sec. 134. 1888, sec. 99. 1896, ch. 202, sec. 126.

187. The justice in such cases shall have the usual power to coerce the
attendance of witnesses.

An. Code, 1924, sec. 148. 1912, sec. 137. 1904, sec. 135. 1888, sec. 100. 1896, ch. 202, sec. 127.

188. The notice of the justice shall contain the names of the witnesses
with the facts expected to be proved by them, and shall state the time and
place of examination, and shall be served on the opposite party or his
attorney at least ten days previous to the proposed examination.

See notes to sec. 180.

An. Code, 1924, sec. 149. 1912, sec. 138. 1904, sec. 136. 1888, sec. 101. 1896, ch. 202, sec. 128.

189. Every person deposing shall be examined on oath, and his testi-
mony shall be reduced to writing, either by himself, in the presence of the
justice, or by the justice, or by a clerk by him appointed and sworn fairly
to write down and transcribe the depositions, and shall be transcribed by
the deponent.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1500   View pdf image (33K)
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