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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3451   View pdf image (33K)
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MONTGOMERY COUNTY. 3451

shall forthwith endorse on the warrant or commitment the fact of an ap-
peal being prayed together with list of the names and residences of the
witnesses for the State and forthwith transmit the papers, in the case to
the clerk of said Court, and the said person shall be tried de novo in the
Circuit Court, in the same manner as if' the said case had been originally
brought before the Circuit Court without the necessity of presentment or
indictment by the Grand Jury; and the said Circuit Court, upon said
trial de novo, may impose any sentence authorized by law, to be imposed
as punishment for the offense charged, irrespective of the sentence im-
posed by the Police Justice below; provided, however, that the trial
in the Circuit Court aforesaid shall be by jury, if demanded by the party
charged; provided further, that upon the trial in said Circuit Court of
such appeal under this section, the same fees and costs shall be taxed in
said cases as would obtain in like cases where trial is had upon present-
ment and indictment by the Grand Jury; provided, further, that no ap-
peal shall be prosecuted under this section after payment of the fine or
after the expiration of the sentence imposed by said Police Justice. And,
in case of appeal prosecuted under this section the convicted party shall
be entitled to be admitted to bail for his appearance in said Circuit Court,
pending the hearing of such appeal, upon furnishing surety to be fixed
by the said Police Justice for his appearance in said Circuit Court, or
upon furnishing such surety for his said appearance as said Circuit Court
may require.

1927, ch. 321, sec. B.

497. The several Justices of the Peace of said Montgomery County
shall have all that civil jurisdiction had and possessed by them on the
first day of January, 1910, and all laws in force at that time relating to
the powers, duties, authority and jurisdiction of the said Justices of the
Peace of the said Montgomery County, are hereby declared to be of full
force and effect, and this Act shall in no wise be construed to take away
any of that civil jurisdiction had by the said Justices of the Peace of the
said Montgomery County on the day and year last mentioned aforesaid,
provided, however, that in all cases over which the said Justices of the
Peace have jurisdiction the said Police Justice shall likewise have con-
current jurisdiction. That the several Justices of the Peace of the said
Montgomery County shall on and after this date have no criminal juris-
diction to try, hear or determine any criminal case whatsoever but said
Justices of the Peace other than the Police Justices shall have the power
and authority to issue warrants, summons and take recognizance in any
and all criminal cases, but the same shall all be made returnable before
the Police Justice for Montgomery County, and that in all cases where
any official acts are performed the said Justice of the Peace shall be
allowed the sum of $1.00 to cover all charges, expenses and fees in any
case that any of said justices may issue any warrant, summons, commit-
ment or recognizance or for any other service or services connected there-
with and to this extent and to this extent alone is the jurisdiction of all

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3451   View pdf image (33K)
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