HARRY HUGHES, Governor

3561

Each judge of the circuit court may adopt such modes of
proceeding and adjudging 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 contested election cases cognizable by
the House of Delegates. Either party shall have a right of appeal
to the Court of Special Appeals, as in other cases, said appeal
to be taken within five days from the date of the decision
complained of. The appeal shall be heard and decided by the Court
of Special Appeals as soon after transmission of the record as
may be practicable, and the testimony taken in such cases shall
be sent up to the Court of Special Appeals as part of the
record.]

[19-4.

The party intending to contest an election for the Senate or
House of Delegates shall give notice of such intention to the
person elected, or, in case of a tie vote, to the person against
whom the contest is to be instituted, within thirty days after
the results of the canvass have become official. Such notices
shall be delivered in writing at the usual residence of the
person returned, and, if he be absent, shall be left there.]

[19-5.

The party contesting the election shall, after such notice,
apply to a judge of the circuit court of the county 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 compel 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 court
reporter by him appointed and sworn fairly to write down and
transcribe the depositions. 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
examination of witnesses, taken in the manner herein prescribed
and in no other, shall hereafter be admitted on trial of
contested elections.]

[19-6.

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
originals would be if produced. Copies of any other papers of a
public nature, and remaining in possession of a public officer,