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614 LAWS OF MARYLAND. [CH. 281
cities, towns and villages, or twenty-five miles per hour in
the outlying or not thickly settled parts of cities, towns or
villages. If the rate of speed of a motor vehicle operated
upon any public highway exceeds thirty-five miles per hour
in the open country, outside of the limits of cities, towns
or villages, such rate of speed shall be prima facie evidence
that the person operating such vehicle is operating the
same at a speed greater than is reasonable and proper, and
in violation of the provisions of this section, and the burden
of proof shall be upon him to show that such rate of speed
was not greater than was reasonable and proper, as above
set forth. No motor vehicle equipped with a commercial
body, the weight of which including the body and load, is
greater than three (3) tons shall be operated at a rate of
speed greater than thirty-five miles per hour under any
circumstances.
(4) MAXIMUM OF SPEED.
No motor vehicle shall be operated upon any highway of
this State at a rate of speed greater than forty miles per
hour under any circumstances or condition, nor shall any
motor vehicle be operated with a greater load than that
for which the registration certificate therefor has been
issued and fee paid.
(5) PENALTIES.
Any person violating any of the provisions of sub-sec-
tions (1) or (3) of this section shall be deemed guilty of
a misdemeanor and subject to a fine of not less than one
dollar ($1. 00) nor more than one hundred dollars for the
first offense. Any person violating any of the provisions
of sub-section (2) of this section shall be deemed guilty
of a misdemeanor and subject to a fine of not less than five
($5. 00) dollars nor more than one hundred ($100. 00) dol-
lars for the first offense. Any person operating a motor
vehicle upon any highway of this State at a rate of speed
greater than forty (40) miles per hour shall be deemed
guilty of a misdemeanor and subject, upon conviction, to a
fine of not less than twenty-five nor more than one hundred
dollars ($100. 00). Any person operating a motor vehicle
upon any highway of this State at a rate of speed greater
than sixty miles per hour shall be subject, upon conviction,
to a fine of not less than one hundred dollars ($100. 00) nor
more than one thousand dollars ($1, 000. 00) or to be im-
prisoned for not less than thirty days nor more than one
year, or to both fine and imprisonment, for the first offense;
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