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Session Laws, 1957
Volume 640, Page 549   View pdf image (33K)
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Theodore R. McKeldin, Governor                    549

Baltimore City. And in such proceeding any such person, partnership
or corporation shall be entitled to have any issues of fact arising
therein determined by a jury, provided written demand is filed at
the time of the institution of said proceeding. The Court shall have
power during the pendency of the proceeding before it, to suspend
or modify the order of the Attorney General and to enter an ap-
propriate judgment or order at the conclusion of such hearing to
modify, affirm or set aside order. From the final order or judgment
of the said Court, either party to said proceeding may appeal to the
Court of Appeals of Maryland [, as in other cases or suits at law1
arising in said Court; and, in case of such appeal, the testimony
adduced before the Court shall be presented to the Court of Appeals
by bills of exception in customary form, as in other law cases, and
the Court of Appeals may review the questions of law arising on
said appeal as in other appeals from courts of law and in ordinary
course].

Sec 19. And be it further enacted by the General Assembly of
Maryland,
That Section 38 of Article 33 of the Annotated Code of
Maryland (1951 Edition), title "Elections", sub-title "Registrations";
Sections 111 and 116 of Article 33 of the Annotated Code of Mary-
land (1951 Edition), title "Elections", sub-title "Elections"; Section
152 of Article 33 of the Annotated Code of Maryland (1951 Edition),
title "Elections", sub-title "Voting by Mail"; and Section 229 of
Article 33 of the Annotated Code of Maryland (1951 Edition), title
"Ejections", sub-title "Absentee Voting in Municipal Elections", be
and they are hereby repealed and re-enacted, with amendments, to
read as follows:

38. Any person who feels aggrieved by the action of any Board
of Registry, or in Baltimore City by the action of the Board of
Supervisors or any of its Registrars or by the action of any boards
appointed under Section 37 of this Article, in refusing to register
him as a qualified voter, or in erasing or misspelling his name, or
that of any other person on the registry, or in registering or failing
to erase the name of any fictitious, deceased or disqualified person,
may at any time, either before or after the last session of the Board
of Registry, but not later than the Saturday next proceeding PRE-
CEDING the election, if in Baltimore City, and not later than the
Tuesday next preceding the election, if in the counties, file a petition,
verified by affidavit, in the Circuit Court for the county, or, if the
cause of complaint arises in Baltimore City, in any Court of said city,
setting forth the ground of his application and asking to have the reg-
istry corrected. The Court shall forthwith set the petition for hearing
and direct summons to be issued requiring the said Board or other
official to attend at the hearing or by counsel; and when the object
of the petition is to strike off the name of any person alleged to be
fictitious, deceased or disqualified, summons shall also be issued to
such person. In determining whether any person is or is not a resi-
dent of any voting precinct, it shall be presumed that if a person is
shown to have acquired a residence in one locality, he retains the
same until it is affirmatively shown that he has acquired a residence
elsewhere; and it shall also be presumed that if a person is shown
not to reside at the dwelling given in the entries relating to him on
the registration books, forms or cards, he is not a resident of the
said precinct, unless it should be affirmatively shown that he is such
a resident. The court shall dispose of the matter summarily by

 

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Session Laws, 1957
Volume 640, Page 549   View pdf image (33K)
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