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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1134   View pdf image (33K)
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1134 ARTICLE 4.

tions of Section 4 of this Act; and to hear, try and determine all prosecu-
tions or criminal proceedings for an act done or omitted to be done in
the City of Baltimore, the doing of which act, or the omission to do which
act, is or may be punishable under any Act of Assembly of this State or
under any ordinance of the Mayor or City Council of Baltimore, by
pecuniary fine only, not exceeding one hundred dollars; to hear, try and
determine the cases of all persons brought before him charged with the
violation of laws relating to hawkers and peddlers, and to hear, try and
determine the cases of all persons brought before him charged with the
offense of indecent exposure; to hear, try and determine the cases of all
persons brought before him for Sunday gaming, Sunday work, Sunday
sales or Sabbath-breaking; and to hear, try and determine the cases of
all persons brought before him charged with being a vagrant or with
being an habitually disorderly person (not insane). But it shall be the
duty of the said justice before proceeding to hear, try and determine any
of the charges aforesaid, to inform the party or parties charged therewith
of his or their respective right to a jury trial; and if a jury trial be
prayed by the party or parties charged, or if the State's Attorney for said
city shall before trial for the alleged offense pray a jury trial on the part
of the State, the justice shall forthwith commit or hold the said party or
parties to bail for trial in the Criminal Court of Baltimore, and endorse
on the commitment or recognizance the fact of a jury trial having been
prayed. It is hereby expressly provided that the said justice shall not
have power to try and determine any violation of the Public General
Laws of this 'State relating to licenses (except violations of laws relating
to hawkers and peddlers heretofore mentioned), and shall not have power
to try and determine any violation of 'Section 682 of this said Article 4,
but shall cause all such offenders against the Public General or Local
Laws to be committed or held to bail for trial in the Criminal Court of
Baltimore. Nothing herein contained shall apply to or affect the juris-
diction conferred upon Police Justices of Baltimore City by Section 140P
of Chapter 207 of the Acts of Assembly of the year 1910, codified as
Section 157 of Article 56 of the Annotated Code of Public Civil Laws
of the year 1912, but the jurisdiction conferred by said last-mentioned
section shall be the same as before the passage of said Chapter 777 of
the Acts of Assembly of the year 1912.

Lancaster v. State, 90 Md. 211.

Trials before Justices of the Peace.

As to waiver of a jury trial before a Justice of the Peace and construction of
Acts 1890, ch. 369, and 1894, ch. 281, see State ex rel. Lancaster v. Hall, Daily
Record, June 28, 1899.

As to discretion of a Justice of the Peace concerning punishment in cases of
assault, see State v. Hebron, Daily Record, September 3, 1903.

A commitment by a Justice of the Peace imposing an excessive penalty where
accused was committed to House of Correction was held void only as to excessive
part of penalty, Adams v. Superintendent of House of Correction, Daily Record,
April 3, 1903.

The Act 1888, ch. 167, was held to be constitutional in re. Loane v. Affelder, Daily
Record, July 2, 1898.

As to appeals from magistrates' judgments and trial of same, see Messick v.
State, 82 Md. 583. Judefind v. State, 78 Md. 510. As to right of jury trial in

 

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Code of the Public Local Laws of Maryland, 1930
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