ART. 5. ] ELECTIONS.

herein prescribed in contested seats of the Senate or House of Dele-
gates

53

*

50, All cases of contested elections of any of the officers not
provided for in the Constitution, or in the preceding section, shall
be decided by the judges of the several Circuit Courts — each in his
respective circuit — and by the Superior Court of Baltimore City, in
the city of Baltimore.

Art 35, s 53
1853, c 244, s 2
Cases of con-
tested elections,
by whom de-
cided
46 Md 123

51. Each judge of the Circuit Court, and of the Superior Court
of Baltimore City, may adopt such mode of proceeding in cases of
contested elections, and prescribe such rules for taking testimony
and adjudging costs, as to him shall seem most satisfactory and least
expensive.

Id s 54
18. 53, c 244, s 3
Judges to pre-
scribe rules re-
lating to con-
tested elections.
46 Md 123.

52. The party intending to contest an election for the Senate
or House of Delegates, shall give notice of such intention to the
person returned, within thirty days after the judges of election
shall have made known publicly the state of the polls, unless at a

Id s 55
1844, c 284, s 1

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.

Notice of inten-
tion to contest

53. Such notice shall be delivered in writing, at the usual resi-
dence of the person returned; and if he be absent, shall be left
there

Id s 56
1844, c 284, s 1.
How served.

54. The party intending to make examinations shall, after such
notice, apply to some justice of the peace of the county or city

Id s 57.
1844, c 284, s 2

wherein the election is contested, and shall obtain a notice under
bis hand and seal, directed to the opposite party, and requiring him

Notice to take
testimony

to attend in person or by attorney, and cross-examine witnesses.
55. The justice, in such cases, shall have the usual power to co-
erce the attendance of witnesses.

Id s 58
1844, c 284. s 2
Attendance of
witnesses.

56. The notice of the justice shall contain the names of the wit-
nesses, 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 pro-
posed examination.

Id s 59
1844, c 284, s 2
What notice of
justice to con-
tain and when
to be served.

57. Every person deposing shall be examined on oath; and his
testimony shall be reduced to writing either by himself, in the pres-

Id B 60
1844, c 284, s 3

ence of the justice, or by the justice, or a clerk by him appointed
and sworn fairly to write down and transcribe the depositions, and
shall be subscribed by the deponent.

Deposition, how
taken

58. The depositions so taken, together with a certificate of the
notices and proof of service of them, shall be sealed up by the magis-

Id s 61
1844, c 284, 8 3

trate who took them, and transmitted to the presiding officer of the
body in which the seat is contested

To whom to be
transmitted.

59. The examinations of witnesses, taken in the manner herein
prescribed, and in no other, shall hereafter be admitted on trial of
contested elections.

Id s 62
1844, c 284, s 4
What examina-
tions admitted
on trial

60. The copies of any papers recorded in any office of record,
attested under the hand and seal of the recording officer, shall be

Id s 63
1844, c 284, 8 5
Attested copies