The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1901-12-13
Rules Governing Contested Elec-
ton Cases,
CognizabIe by the Circuit Court for
Prince Georges County. Crow
ing Out Of the November
Election, 1901.

1901, by the undersigned, one OF the JuuSes
of the It'll Judicial Circuit of Maryland,
that the rules for taking testimony IN any
and all contested election cases arising
, out of the general election held on the 9Th
day of November, 1901, of which this
Court has Jurisdiction, shall be:
| |. Notices of contest shall be delivered
in writing to the c0'ntestee either person
ally or be left at his usual residence, if he
| be absent therefrom. within ten days from
the date of these rules, unless notice of
contest has heretofore been given, in
which event, the said notice is hereby APP
proved and adopted by this Court. That
the rules for taking testimony in these
cases shall be the same as prescribed for
the taking of TESTIMONY in contested cleo.
ton cases cognizable by the House OF
Delegates, and the mode of procedure
shall be as follows:
g That SO far as the question at issue
NAV derend upon the oral testimony of
witnesses, the same shall be taken before
one of the Justices of the Peace of the
State of Maryland in and for Prince
Georges county, who shall in all things
to the best of his skill and judgment dill
gently and faithfully discharge the duties
imposed upon him without paltiaity or
prejudice.
3. The testimony shall be taken at the
Court House, in the town of Upper MARI
boro', and the Justice shall give notice to
the opposite party as required and in the
| manner prescribed by the 125th, 127th and
l2Sth Sections of Chapter 202 of the Act
Of 1896 Witnesses shall lie summoned in
the usual mode, subpenas issued by the
Justice and served by the Sheriff or one
of his deputies, and the attendance of wit
| nesses who have been returned summoned
and failed to answer will be coerced by
attachment upon application to the Justice.
Every witness shall be examined under
oath and his testimony shall be reduced
to writing and subscribed by the witness
and in all respects conform to the provi
sions of Section 1913 of Chapter 202 of the
Act of 1896, and deposition SO taken to-
gether with the certificate of the notice
and proof of service of them shall be sealed
| up by the Justice who took them and
transmitted to and filed with this Court
| or the Clerk thereof on or before the 18th
| day of January, 1902, unless for good
cause shown the time should be extended
| by the Court.
4. Copies of papers, extracts from poll
| books or other documentary evidence GER
titled as required Iy the 131st and 132nd
Sections of Chapter 202 of the Act of 1896
shall be admitted in evidence, as also the
other testimony in the case, subjec to all
legal exceptions as to the admissibility
and relevancy; such exceptions to be in
| writing and fled at or before the final
hearing of the case.
s. In taking testimony the contestant
shall commence and close his case except
as to Iebutting testimony by the 1st of
January 1902, and the contestee shall fol
low in like manner and close his testimony
| by the 10th Of January, 1902, the contes
| tant shall then close his rebutting testi-
| mony by the 18th of January, 1902.
The contestant and the contestee
shall severally pay all costs of taking his
own testimony as the same is taken and
the case proceeds, and the ultimate dispo
sition of the costs is hereby reserved until
the final hearing and determination of the
contest; land for the purpose of securing
the payment of said costs as the same may
| be finally adjudged and determined, the
| parties, contestant and contestee, shall
each give security to the other for the pay
ment of the same by executing bond to
the opposite party with surety or sureties
to be approved by the Clerk of the Circuit
Court or one of the Judges thereof in pen
atty of 5000 conditioned,) to pay his costs
| in the contest as the same shall be ad
| Judged and ordered at the final hearing
| and determination of the case. The bond
shall be executed and given respectively
| by the contestant and coptestee before he
| takes any testimony in the case.
Z. At the recount of the ballots, which
is hereby ordered, should either party so
desire, it is ordered that the ballot boxes,
| (or such thereof as either party may desire
| to have the ballots or some of them therein
counted) used at the said election be un-
| locked and opened by the Clerk of the
Court or one of his sworn deputies at such
| .. 81, lnc has
nate, in the Court House, in the presence
| of said Clerk or deputy; and said Clerk of
| the Court shall produce the ballot boxes
| and ballots and do all other acts contem
| plated by the 123rd Section of Chapter 202
of the Act of 1896, and thereupon the said
Justice shall proceed to count publicly the
| ballots cast for the contestant and con-
| testee respectively in the presence of said
parties and attorneys and persons named
above or referred to should they please to
attend.
And all ballots cast and counted by the
Judges of Election, upon which the con-
testant and the contestee cannot agree
| the Justice shall carefully separate and
place them in separate envelopes or pack
ages properly endorsed and record made
! thereof; and said ballots cast and not
counted by said Judges, upon which said
parties cannot agree, the Justice shall also
keep separate and place them in separate
| envelopes or packages, properly endorsed,
and keep record thereof, and said ballots
| shall be classified by said Justice so that
the inspection thereof by the Court may
| be facilitated, should said inspection be
deemed necessary; and at the instance and
| request of either party, the Clerk of the
Court shall furnish said parties copies of
such ballots az may be required by them
or either of them at the cost of the party
ordering the same, to be filed with said
Justice, and after said recount the Justice
shall place or see that the originals of all
ballots cast at said election be replaced in
their respective ballot boxes, and the
Clerk of the Court shall lock said boxes
and the Justice and the Clerk Of the Court
respectively shall write their names on a
| strip of paper, which strip shall be pasted
over the key hole and ballot-hoIe of each
box in such manner that the signatures
shall extend across the opening of the lid
SO that when the key is inserted it would
tear the paper so pasted over the key hole
and ot-hole, said paper to be securely
| fastened to the box with sealing wax or
other adhesive material and the said KEYS
and boxes shall then be delivered to their
respective legal custodians, to remain in
his custody as required by law or until
the further order of the Court.
| 8. And it is ordered that each party or
his counsel may each appoint a tally clerk,
but before acting as such said clerks shall
each swear before said Justice of the
Peace that he will well and faithfully,
without favor, affection or Partially, exc
cute the office and duties of tally clerk to
the best of his knowledge and ability, the
pay of which tally clerk shall not exceed
50 per diem.
8. The Justice and said tally clerks
shall report the recount with tally sheets
showing in said report the particulars and
| results of said recount to be filed with the
Justice and returned with the testimony.
10. After the ballots have been recoupted
and the testimony closed and returned to
the Court, with all the matters pertaining
thereto or contemplated herein, the case
on application Of either party will be set
down for final hearing.
II. The right is reserved to add to or
| r,,1a Lob Io