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Session Laws, 1957
Volume 640, Page 550   View pdf image (33K)
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550                               Laws of Maryland                       [Ch. 399

granting or refusing the order prayed, and if the Board of Registry
shall have returned the registers to the Supervisors of Elections, a
certified copy of any such order granted by the court shall be de-
livered 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 the court;
but no person admitted to the registry by such order of court shall
be protected by such order if prosecuted for false registration or
false voting. The cost of proceedings in all cases heard under this
section shall be one-half of those provided for and usual under
existing law and no attorney's appearance fee shall be taxed as part
of such costs. [Exceptions may be taken to any ruling of the court
at the hearing of any such petition and] an appeal may be taken
[allowed] to the Court of Appeals [as in other cases; all such ap-
peals shall 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 the transmission of the record as practicable].

111. Whenever it shall be made to appear by affidavit that errors
have occurred in the determination of the Board of Canvassers of
any county or city in the State, the Circuit Court of the county or
the Superior Court of Baltimore City may by order require said
Board to correct such errors or show cause why such corrections
should not be made; and in the event of the failure of said Board to
make such corrections, or show cause as aforesaid, said court may
compel said Board by writ of mandamus to correct such errors, and
if said Board of Canvassers shall have made its determination and
dissolved, said court may compel it to convene for the purpose of
making such corrections. For the purpose of making such corrections
as the court shall order, the meeting of the Board of Canvassers
shall be deemed a continuation of its regular session and the state-
ments and certificates shall be made and filed as the court shall
direct, and so far as the same shall vary from the original statements
and certificates, the statements and certificates made under the order
of court shall stand in lieu thereof, and shall in all cases have the
same effect as if corrected statements had been a part of the original
statement required by law. The practice in said cases shall be as in
mandamus proceedings, and the court shall determine the time for
the speedy hearing thereof in its discretion; and for the purpose
of service of papers and other proceedings the Board of Canvassers,
as organized and existing at the time of making the original canvass,
shall be deemed a continuing board. There shall be the same right of
appeal to the Court of Appeals as in other mandamus cases [, but
such appeal shall 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 the transmission of the record as possible,
and the testimony taken in such cases shall be sent up to the Court
of Appeals as part of the record].

116. Each judge of the circuit court and of the Superior Court
of Baltimore City may adopt such modes of proceeding and adjudg-
ing 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 con-
tested election cases cognizable by the House of Delegates. Either
party 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

 

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Session Laws, 1957
Volume 640, Page 550   View pdf image (33K)
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