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Session Laws, 1898 Session
Volume 482, Page 25   View pdf image (33K)
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LLOYD LOWNDES, ESQUIRE, GOVERNOR. 25

cinct, it shall be sufficient for the petitioner to show that the
person to whose registration he objects did not at the time
when he was so registered reside at the particular house or
place described as his residence on the registry; but
the person to whose registration objection is so made
shall have the right to show by affirmative proof that, although ,
he may not have had a legal residence at the place described
by him as his residence at the time of his registration, he had
at such time a legal residence in the said precincts. In deter-
mining 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, lie retains the same until
it is affirmatively shown that he lias 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 registration books, ho is not a resident
of the said precinct, unless it should be' affirmatively shown
that he is such resident, and the entries m;ide in such registra-
tion 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, subject 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 summarily, by granting or refusing
the order prayed, and the clerk of the Court shall make a
minute of the proceeding. The cost of proceedings in all
such appeal cases shall, from and after the passage of this Act,
be one-half of those provided for and usual under existing
law. If the board of registry shall have returned the regis-
ters to the Supervisors of Elections, a certified copy of
any such order granted by the Court shall be delivered to said
supervisors, who shall thereupon, make the required correction
Upon the proper registers, and under the head of "Re-
marks," 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 protected by such order if
prosecuted for false registration or false voting. In all such
cases, the petitioner may be represented by counsel, and in dis-
posing of the petition the Court shall have discretion to im-
pose costs upon the petitioner, the Mayor and Aldermen of
Frederick, or the board of registry or any member or mem-
bers thereof, as justice and equity may require; but no attor-
ney's appearance fee shall be taxed as part of such costs.
Exceptions may be taken to any ruling of the Court at the

 

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Session Laws, 1898 Session
Volume 482, Page 25   View pdf image (33K)
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