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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2246   View pdf image (33K)
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2246 ARTICLE 52

1931, ch. 323, sec. 90.

92. The provisions of Sections 83 to 91 of this Article shall not apply
to Baltimore City, Allegany County, Washington County or Baltimore
County.1

Trial Magistrates System.

1939, ch. 720, sec. 91.

93. (Appointment.) The Governor, by and with the advice and con-
sent of the Senate, shall appoint for every county of the State one justice
of the peace for each of the election districts thereof, and such number of
justices of the peace at large in the several counties, to be designated "Trial
Magistrates," as is hereinafter specified in Section 100.

Secs. 93-114 held valid. State v. Woelfel (Judge Melvin, Circuit Court for A. A: Co.),
Daily Record, Aug. 7, 1939.

1939, ch. 720, sec. 92.

94. (Jurisdiction.) The authority, powers and civil and criminal
jurisdiction of each of the justices of the peace appointed under this
sub-title shall, except as modified- by this sub-title, be such as may now
be vested in any justice of the peace by law applicable to the counties for
which they are respectively appointed, or to municipal corporations within
their respective limits, or such as may hereafter be prescribed by law, but
shall not include the jurisdiction which may be specially conferred by
law in the same county upon a justice of the peace for juvenile cases.

Trial magistrates shall have and possess power to suspend sentence in
any case within their jurisdiction, provided that such suspension is made
at the trial of the case and not after judgment has been pronounced.

In cases of commitment to jail in default of payment of fine, the trial
magistrates shall have the power, upon suitable written order to the sheriff
or other custodian, to release the prisoners at any time after commitment
upon payment of the fine and costs imposed, provided however that a
credit of one dollar for each day of imprisonment actually served shall be
deducted from the payments herein specified. Records shall be kept by
the magistrates of such releases and credits, and the fines and costs so
received shall be remitted as in the case of fines and costs imposed and
collected as otherwise provided in this sub-title. The sheriffs or other
custodian of prisoners shall have no power or authority to release prisoners
committed by trial magistrates prior to the expiration of their terms as
specified in the commitment papers, except upon the written order of the
said magistrates as herein provided, or upon order of a court of compe-
tent jurisdiction. No fines or costs shall be paid to any sheriff or other
custodian in cases from the magistrates. Release of prisoners otherwise
than as herein provided shall be deemed a violation of this sub-title.

1939, ch. 720, sec. 93.

95. (Other Justices.) Any civil or criminal action or proceeding in-
stituted before a justice of the peace, other than a trial magistrate, shall
be promptly removed by said justice, by a transfer of the original papers,
with a copy of the docket entries, to the nearest or only trial magistrate of
the county for trial and determination or other action within his juris-

1 Sec. 4, ch. 323, acts of 1931, repealed all laws inconsistent therewith to extent of
such inconsistency.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2246   View pdf image (33K)
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