|
|
|
|
|
|
|
ART. LVI] MOTOR VEHICLES. 401
be taken in the counties of this State before the nearest Justice of the
Peace, committing Magistrate or Police Justice, or if in Baltimore City
before the Justice of the Peace of the Traffic Court, and be entitled to
an immediate hearing; and if such hearing cannot then be had, he shall
be released from custody on giving bond or undertaking executed by a
fidelity or surety company authorized to give such bonds in this State,
or by a person or persons acceptable as surety' or sureties by said magis-
trate or police justice, such bond or undertaking to be in an amount
equal to the maximum amount prescribed as the fine for such offense,
and to be conditioned for his appearance at the time and place set for
the hearing of the charges preferred against him, or on giving his per-
sonal undertaking to appear as aforesaid secured by the deposit of a
sum equal to the maximum amount prescribed as the fine for such
offense, and in such case bond or undertaking shall not be given or
deposit made as aforesaid, the provisions of law in reference to bail in
cases of misdemeanor shall apply. In all complaints of the violation of
any of the provisions of this sub-title, except as provided in section 160
hereof, the Justice of the Peace, committing Magistrate or Police Jus-
tice before whom the alleged offender is taken as aforesaid, shall have
jurisdiction to hear and determine such complaint and impose the fine
or sentence herein provided, but any person so convicted of any offense
under this sub-title shall have the right to appeal from the judgment of
such Justice of the Peace, committing Magistrate or Police Justice to
the Criminal Court of Baltimore, if convicted in Baltimore City, or
court of criminal jurisdiction of any county in which he may be so con-
victed, and such court on such appeal shall hear the case de now), pro-
vided, however, that such appeal be taken within ten days from the
date of judgment. Upon appeal being prayed as aforesaid it shall be
the duty of the magistrate to endorse upon the papers "appeal prayed,"
and transmit the same to the proper court as aforesaid. It shall not be
necessary in such case, for the Grand Jury to find either presentment
or indictment nor shall formal pleadings be required, but the trial of all
such cases on appeal shall be had upon the original papers transmitted
to said court by the Justice of the Peace, committing Magistrate or
Police Justice as aforesaid, the defendant or traverser upon such appeal
being entitled to have a jury trial. In the event of such appeal, the
judgment or sentence so appealed from shall be stayed by the giving
of security as hereinbefore provided for, but in case such security be
not given, the fine and costs imposed shall be paid, and the same
returned to the party paying the same in the event of a reversal on
appeal. The Justice of the Peace or court before whom a final convic-
tion shall be had under any of the provisions of this sub-title, shall
endorse upon or attach to the operator's certificate of the person so con-
victed the date and particulars of said conviction; and any person
destroying, erasing or concealing said endorsement of imprisonment or
statement so attached, or failing to display the same together with said
license certificate when required so to do by the provisions of this sub-
|
|
|
|
|
|
|
|
 |