ART. 33.] ELECTIONS—CONTESTED ELECTIONS. 671

P. G. L, (1860,) art., 35, sec. 53. 1853. ch. 244, sec. 2.

94. 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.

Warfield v. Latrobe, 46 Md. 123. Anderson v. Levely, 58 Md. 193. Handy

v. Hopkins, 59 Md. 157.

Ibid. sec. 54. 1853, ch. 244, sec. 3.

95. 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.

Warfield v. Latrobe, 46 Md. 123. Anderson v. Levely, 58 Md. 193.

Ibid. sec. 55. 1844, ch. 284, sec. 1 1886, ch. 323.

96. 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 instituted, 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 elections.

Ibid, sec 56. 1844, ch. 284, sec. 1.

97. Such notice shall be delivered in writing, at the usual
residence of the person returned; and if he be absent, shall be
left there.

Ibid. sec. 57. 1844, ch 284, sec. 2.

98. The party intending to make examinations 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, and
requiring him to attend, in person or by attorney, and cross-

examine witnesses.