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LICENSES 2385
appeal from the judgment of such Justice of the Peace, committing Mag-
istrate 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 convicted, and such court on such appeal shall hear the case
de novo; provided, however, that within ten days from the date of judg-
ment, a written order of appeal signed by the convicted person, or his
attorney, be filed with the Justice of the Peace, committing Magistrate or
Police Justice, by whom the judgment or sentence has been imposed. 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 aforesaid, the defen-
dant 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 event of a reversal,
suspended sentence or entry of a nolle pros after appeal. The Justice of
the Peace or court before whom the final conviction 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 convicted 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-title shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, be fined a sum not less than Five Dollars
($5.00) nor more than One Hundred Dollars ($100), or imprisoned for
a period of not less than five days nor more than thirty days, or both fined
and imprisoned, for the first offense. The Commissioner of Motor Vehicles
shall prescribe a uniform system of dockets and accounting, to be used and
followed by all Justices of the Peace, committing Magistrates or Police
Justices, in this State, in all cases arising under any of the provisions of
this sub-title. The Commissioner shall furnish, without cost, all Justices
of the Peace, committing Magistrates and Police Justices with dockets
wherein to record all such cases.
In all cases wherein any person, arrested for a violation of any of the
provisions of this sub-title, shall be acquitted by the Justice of the Peace,
committing Magistrate or Police Justice, as the case may be, the costs
thereof shall be paid out of the proceeds of fines collected under any of
the provisions of this sub-title and in the hands of the Commissioner of
Motor Vehicles.1
This section referred to in holding that defendant in Traffic Court, where the charge
was dismissed, can be required to testify in proceedings against another person involved
in same accident, who was fined for failing to give right of way. State v. Siegel (Judge
Niles, Balto. Criminal Ct.), Daily Record, Jan. 13, 1940.
This section referred to in holding Ch. 426 of 1927 invalid. Quenstedt v. Wilson,
173 Md. 21.
No provision for appeal to Court of Appeals in cases arising from violations of
motor vehicle law; judgments of circuit courts on appeals from justices of the peace
not reviewable unless justice and circuit court without jurisdiction. Trial before justice
1 Sec. 2, ch. 720, Act of 1939, repealed the provisions of this section which are incon-
sistent with the provisions of said Act (Art. 52, secs. 93-114).
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