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Session Laws, 1957
Volume 640, Page 1261   View pdf image (33K)
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Theodore R. McKeldin, Governor                   1261

Court of the county or the Superior Court of Baltimore 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 Judge in such cases
shall have the usual power to coerce the attendance of witnesses. The
notice of the Judge 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. It shall be served on the opposite party or his
attorney at least ten days previous to the proposed examination.
Every person deposing shall be examined on oath, and his testimony
shall be reduced to writing, either by himself, in the presence of the
Judge, or by a clerk by him appointed and sworn fairly to write down
and transcribe the depositions, and shall be transcribed by the de-
ponent. The depositions so taken together with a certificate of the
notices, and proof of service of them, shall be sealed up by the Judge,
and transmitted to the presiding officer of the body in which the
seat is contested. The examinations of witnesses, taken in the
manner herein prescribed and in no other, shall hereafter be admitted
on trial of contested elections.

149.   Copies and Extracts as Evidence. Copies of any papers re-
corded 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 originals 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 de-
posited, shall be admitted as evidence.

150.   Ballots and Voting Machine Totals as Evidence. (a) Paper

Ballots. 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 Judge taking examinations in a contested election. He shall
furnish said copies of the same only on the order first had and ob-
tained 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 said order and subject to
its restrictions. Said Police Commissioner of Baltimore City, and
said clerks, as the case may be, shall retain such ballots in possession
and custody until such ballots be required by the order of the court
having jurisdiction in the case, to be delivered to said court, or by
order of the Senate or House of Delegates, or by order of the City
Council of Baltimore, in whichever the seat is contested.

(b) Voting Machines. The votes recorded on voting machines, in
those precincts in which such machines shall be used, shall be proved
in the same manner as is provided by Section 141 of this Article.

151.   Fees for Depositions and Witnesses. The witnesses shall be
entitled to the usual allowance for their attendance before the Court,
to be paid by the party on whose behalf such examination is held and
said witnesses are summoned.

152.   Salary and Mileage for Contestants. No person contesting
a seat of any one who has been regularly returned by the judges of


 

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Session Laws, 1957
Volume 640, Page 1261   View pdf image (33K)
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