1540 . LAWS OF MARYLAND. [CH. 934

a vacancy, when such notice shall be given within ten days
after the state of the polls is announced by the judges of elec-
tion. Such notices shall be delivered in writing at the usual
residence of the person returned, and, if he be absent, shall be
left there.

105. 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. The justice in such cases shall have the
usual power to coerce the attendance of witnesses. 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 op-
posite party or his attorney at least ten days previous to the
proposed examination. Every person deposing shall be ex-
amined on oath, and his testimony shall be reduced to writing,
either by himself, in the presence of the justice, or by the jus-
tice, or by a clerk by him appointed and sworn fairly to write
down and transcribe the depositions, and shall be transcribed
by the deponent. The depositions so taken together with a cer-
tificate of the notices, and proof of service of them, shall be
sealed up by the justice who took them, and transmitted to the
presiding officer of the body in which the seat is contested.
The examinations of witnesses, taken in the manner herein pre-
scribed and in no other, shall hereafter be admitted on trial
of contested elections.

106. Copies of any papers recorded in any office of record,
attested under the hand and seal of the recording officer, shall
be admitted at all such trials in the same manner as the origin-
als would be if produced. 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.

107. The Police Commissioner in the City of Baltimore 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 testimony may be
proposed to be taken before a justice of the peace taking ex-
aminations in a contested election, and shall furnish said jus-
tice of the peace copies of the same only on the order first had
and obtained from some one of the courts of Baltimore City or
the circuit courts for the counties, or some one of the judges
thereof, and then, in pursuance of the terms and conditions of