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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2386   View pdf image (33K)
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2386 ARTICLE 56

on Sunday nugatory, but when appealed to circuit court, case was heard de novo.
Burchett v. State, 162 Md. 26.

Since art. 52, sec. 13, is not applicable to prosecutions under sec. 157 (vol. 2), An.
Code, 1912, accused may not have jury trial below, but is limited to jury trial on
appeal; writ of certiorari properly refused. Words "nearest justice of the peace,"
must receive a reasonable interpretation, and fact that some other justice may be
nearer by a small distance, does not oust justice of jurisdiction. Warrants held to be
amendable under art. 52, sec. 16. Warrants held not sufficiently specific. Crichton v.
State, 115 Md. 425. And see Ruggles v. State, 120 Md. 558.

Judgment of circuit court on appeal under sec. 157 (vol. 2), An. Code, 1912, is final
and, binding. Method of testing the jurisdiction of the justice—on the ground, for
instance, of the unconstitutionality of law—is by writ of certiorari to circuit court, and
from decision of that court on this question, an appeal lies to court of appeals.
Hendrick v. State, 115 Md. 556. (See also 59 L. Ed. 385.)

See sec. 162.

1927, ch. 520, sec...4.

209. If any part or parts of this Act, or of any section thereof, shall
be held to be unconstitutional, such unconstitutionality shall not affect
the validity of the remaining parts of this Act, or of any section thereof.
The Legislature hereby declares that it would have passed the remain-
ing parts of this Act, or of any section thereof, if it had known that
such part or parts thereof, or any section thereof, would be declared
unconstitutional.

1939, ch. 228.

210. The several police officers and other persons duly authorized to
make arrests in this State, including constables and all officers of counties,
cities and towns, shall make immediate report to the Commissioner of
Motor Vehicles, on forms to be provided by him, of all arrests made on
charges of violating the Motor Vehicle Laws of this State, together with
the dispositions of said charges on trial before the several trial magistrates
of the State; and violation of this section shall be deemed a misdemeanor
and, upon conviction, the offender shall be subject to a fine of not more than
one hundred dollars ($100.00).

Traffic Court.

An Code, 1924, sec. 205. 1912, sec. 159. 1918, ch. 85, sec. 159. 1920, ch. 506, sec. 159.

1924, ch. 554. 1927, ch. 120. 1931, ch. 177. 1935, ch. 362. 1937, ch. 310.

1939, ch. 433, sec. 205.

211. There is hereby created a group of justices of the peace of the City
of Baltimore at large to be known by the collective term "Traffic Court of
Baltimore City".

1939, ch. 433, sec. 205A.

212: (Appointment.) In addition to the justices of the peace provided
for in Section 712 of Article 4 of the Code of Public Local Laws of
Maryland, (1938 Edition), there shall be appointed by the Governor
by and with the advice and consent of the Senate from the City of Balti-
more at large, four justices of the peace to be known as magistrates of
the Traffic Court who shall be of high moral character and reputable mem-
bers of the bar of the Supreme Bench of Baltimore City, who shall have
been actively engaged in the practice of law for at least five years.

The Governor shall designate one of said justices to be known as chief
magistrate of the Traffic Court whose duties shall, be to care for the general
business of said Court and to have complete charge of the administration


 

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The Annotated Code of the Public General Laws of Maryland, 1939
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