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Session Laws, 1896 Session
Volume 475, Page 345   View pdf image (33K)
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LLOYD LOWNDES, ESQUIRE, GOVERNOR.

time of his registration, he had at such time a legal residence
in the said precinct. In determining whether any person is or
is not a resident of any voting precinct, it shall be presumed
that if a person is shown to have acquired a residence in one
locality, he retains the same until it is affirmatively shown that
he has acquired a residence in another locality, and it shall
also be presumed that if a person is shown not to reside at the
dwelling given in the entries relating to him on the registra-
tion books, he is not a resident of the said precinct, unless it
should be affirmatively shown that he is such resident, and the
entries made in such registration books shall not be considered
by the court as evidence of any fact therein stated, but the
case shall be heard de novo. At the hearing, evidence, sub-
ject only to the ordinary rules of evidence, (as modified by the
provisions of this section,) may be introduced for or against
the application, and the judge shall dispose of the matter sum-
marily, by granting or refusing the order prayed, and the
clerk of the court shall make a minute of the proceeding.
The costs of proceedings in all such appeal cases shall from
and after the passage of this act be one-half of those pro-
vided for and usual under existing law. If the board of
registry shall have returned the registers to the supervisors of
elections, a certified copy of any such order granted by the
court shall be delivered to said supervisors, who shall, there-
upon, make the required correction upon the proper registers,
and under the head of "Remarks," note that the same was
made under such order of court. The court may enforce any
such order by attachment, as in proceedings for contempt. No
person admitted to the registry by order of court shall be pro-
tected by such order if prosecuted for false registration or
false voting. In all such cases, the petitioner may be repre-
sented by counsel, and in disposing of the petition, the court
shall have discretion to impose the costs upon the petitioner,
the County Commissioners or the Mayor and City Council of
Baltimore or the board of registry or any member or members
thereof, as justice and equity may require; but no attorney's
appearance fee shall be taxed as part of such costs. In Balti-
more city, the Supreme Bench shall, from time to time, assign
a judge or judges before whom, or any of whom, such peti-
tions shall be heard, and neither party shall have any right of
removal. Exceptions may be taken to any ruling of the court

345

at the hearing of any such petitions and appeal allowed to the
Court of Appeals, as in other cases; all such appeals shall be
taken within five days from the date of the decision com-
plained of, and shall be heard and decided by the Court of

Right of
appeal.



 
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Session Laws, 1896 Session
Volume 475, Page 345   View pdf image (33K)
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