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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1902   View pdf image (33K)
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1902 ARTICLE 52.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1852, ch. 239, sec. 4.

11. In all cases where the amount claimed or the thing in action ex-
ceeds the sum or value of fifty dollars and justices of the peace have juris-
diction, the several circuit courts for the counties shall have concurrent
jurisdiction with justices of the peace.

This section, in connection with sec. 6, confers exclusive jurisdiction upon jus-
tices in replevin where the value of thing in controversy does not exceed $50.
Deitrich v. Swartz, 41 Md. 200; Handle v. Button, 43 Md. 68. Cf. Ott v. Dill, 7 Md.
258. See also Baltimore, etc., Co. v. Barnes, 6 H. & J. 61.
As to jurisdiction of circuit courts for counties, see art. 26, sec. 38.

Criminal Jurisdiction.

An. Code, sec. 12. 1904, sec. 12. 1890, ch. 618. 1892, ch. 485. 1894, ch. 338.
1896, ch. 128, sec. 11A. 1906, ch. 475. 1914, ch. 482.

12.1 The several Justices of the Peace of the State of Maryland (ex-
cept in the City of Baltimore, and in Talbot, Harford, Montgomery and
Frederick Counties), are hereby invested "with, and shall have hereafter
jurisdiction to hear, try and determine all cases involving the charge of
any offense, crime or misdemeanor, not punishable by confinement in the
Penitentiary or involving a felonious intent, which may be committed
within their respective Counties; and shall have jurisdiction to hear, try
and determine all prosecutions or proceedings for the recovery of any
penalty for doing or omitting to do any act within their respective Coun-
ties, the doing of which or the omission to do which, is made punishable
under the laws of this State by any pecuniary fine or penalty, or by im-
prisonment in jail or in the Maryland House of Correction, all of which
acts or omissions are hereby declared to be criminal offenses; and the said
Justice shall have power to issue all process, and to do all acts which may
be necessary for the exercise of their said jurisdiction, and may pronounce
judgment and sentence in all such cases coming before them, in the same
manner, and to the same extent as the Circuit Courts for said Counties
could, if such cases had been tried before said Courts; provided, however,
that the accused, when brought before any such Justice, on being informed
by him of his right to trial by jury, freely elects to be tried before such
Justice, and provided, further, that a jury trial be not prayed in such
case on the part of the State by the State's Attorney. If after a trial be-
fore the Justice either party shall feel aggrieved by his judgment there
shall be a right of appeal within ten days to the Circuit Court for the
County in which the alleged offense is charged to have been committed,
and in all cases where a jury trial is prayed by the State, or the accused
elects to be tried by jury, or appeals from the judgment of the Justice,
the Justice shall take from the accused his recognizance with sufficient
surety conditioned for his personal appearance to answer said charge at
the then session (if there be a session) of the Circuit Court of their re-
spective Counties, or the next session of said Court, if it be not then in
session; and in default of the accused entering into such recognizance the

1 While in the act of 1914, ch. 482, this section is numbered " 2," the title and enacting
clause show that it was intended to be numbered " 12."

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1902   View pdf image (33K)
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