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LLOYD LOWNDES, ESQUIRE GOVERNOR.
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391
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127. The notice of the justice shall contain the names of the
witnesses 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 proposed examination.
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Notice of
justice,
what to
contain.
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128. Every person deposing shall be examined on oath, and
his testimony shall be reduced to writing, either by himself, in
the presence of the justice, or by the justice, or by a clerk by
him appointed and sworn fairly to write down and transcribe
the depositions, and shall be transcribed by the deponent.
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Depositions
to be taken
under oath.
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129. The depositions so taken, together with a certificate of
the notices and proofs of service of them, shall be sealed up
by the justice who took them and transmitted to the presidiag
officer of the body in which the seat is contested.
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Where to be
sent.
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130. The examination of witnesses, taken in the manner
herein prescribed, and in no other, shall hereafter be admitted
on trial of -contested elections.
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Examination
of witnesses.
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131. The copies of any papers recorded in any office of
record, attested under the hand and seal of the recording offi-
cer, shall be admitted at all such trials in the same manner as
the originals would be if produced.
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Copies at
papers to
be
admitted.
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132. The copies of any other papers of a public nature, and
remaining in possession of a public officer, and extracts from
the poll-books, under the hand and seal of the clerk of the
court or public officer in whose office they are deposited, shall
be admitted as evidence.
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Also other
papers of a
public
nature.
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133. 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 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
furnish said justice copies of the same only on an order first
had and obtained from some on 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 und
conditions of said order and subject to its restrictions; and
said police commissioners of Baltimore city, and said clerk, as
the case may be, shall retain such ballots in possession anol
custody until such ballots shall be required by the order oi
the court having jurisdiction in the case, to be delivered te
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Production et
ballots.
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