890

LAWS OF MARYLAND.

Other offices,
by whom
decided.

120. 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.

Mode of pro-
ceeding
and costs.

121. Each judge of the Circuit Court and of the Superior
Court of Baltimore city may adopt such modes of proceeding and
adjudging costs in cases of contested elections, as to him shall
seem most satisfactory, but the rules of taking; testimony in
such cases shall be the same as those which regulate the taking
of testimony in contested election cases cognizable by the
House of Delegates.

Right of
appeal.

122. 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.

123. The party intending to contest an election for the Sen-

Notice of con
test.

ate 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 election.

Notices, how
delivered.

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

Notice from
justice of
the peace.

125. 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.

Attendance of
witnesses.

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