ART. 33.] ELECTIONS—CONTESTED ELECTIONS. 673

poll-books under the hand and seal of the clerk of the court or
public officer in whose office they are deposited, shall be ad-
mitted as evidence.

P. G. L., (1860,) art. 35, sec. 65. 1844, ch. 284, sec. 6. 1876, ch. 226.

1888, ch. 112.

106. The board of police commissioners in the city of Balti-
more, and the clerks of the circuit courts in the counties, to
whom ballots have been returned under the provisions of this
article, shall produce any of such ballots in regard to which tes-
timony may be proposed to be taken before a justice of the
peace taking examinations in a contested election, and shall fur-
nish said justice copies of the same only on an order first had
and obtained from some one of the courts of Baltimore city, or
of the circuit courts for the counties, or some one of the judges
thereof, and then in pursuance of the terms and conditions of
said order, and subject to its restrictions; and said police commis-
sioners of Baltimore city, and said clerks, as the case may be,
shall retain such ballots in possession and custody until such bal-
lots shall be required by the order of the court having jurisdic-
tion in the case to be delivered to said court, or by order of the
senate or house of delegates, in whichever the seat is contested.

Ibid. sec. 66. 1844, ch. 284, sec. 7.

107. The justice before whom such depositions shall be taken,
shall be entitled to the sum of two dollars for every day he may
be engaged in the examination of witnesses, and the witnesses
shall be entitled to the usual allowance for their attendance
before a justice of the peace, to be paid by the party on whose
behalf such examination is held and said witnesses are sum-
moned.

Ibid. sec. 67. 1844, ch. 78.

108. No person contesting a seat of any one who has been
regularly returned by the judges of election, as elected to a seat
in the senate or house of delegates, shall be allowed any per
diem, mileage, or other pay, unless the party so contesting shall
establish his right to such seat.
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