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Session Laws, 1910 Session
Volume 487, Page 182   View pdf image (33K)
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182 LAWS OF MARYLAND.

may for such second or additional offense be fined in double
the amount herein prescribed for the first offense, or may be
imprisoned as aforesaid for a period not exceeding six months
for a violation of Sections 137, 139, 140d, 140e or 1401, or not
exceeding thirty days for a violation of any other section of
this subtitle, or both, and in the event of the non-payment of
the fine imposed for such second offense there may be imposed
an imprisonment in the county or city jail, as the case may be,
for a period not exceeding one day for each one dollar of the
fine so imposed, the imprisonment in no event to exceed six
months for any single second offense committed as aforesaid.

ARREST, BAIL, TRIAL AND APPEAL.

140p. In case any person shall be taken into custody be-
cause of a violation of any of the provisions of this subtitle,
he shall forthwith be taken in the counties of this State before
the nearest Justice of the Peace, Committing Magistrate or
Police Justice, or, if in Baltimore city, before the nearest
Police Justice, and be entitled to an immediate hearing; and
if such hearing can not then be had, he shall be released from
custody on giving bond or undertaking executed by a fidelity
or surety company authorized to give such bonds in this State,
or by a person or persons acceptable as surety or sureties by
said Magistrate or Police Justice, such bond or undertaking to
be in an amount equal to the maximum amount prescribed as
the fine for such offense and to be conditioned for his appear-
ance at the time and place set for the hearing of the charges
preferred against him, or on giving his personal undertaking
to appear as aforesaid, secured by the deposit of a sum equal
to the maximum amount prescribed as the fine for such offense,
and in case such bond or deposit made as aforesaid, the provi-
sions of law in reference to bail in cases of misdemeanor shall
apply. In all complaints of the violation of any of the pro-
visions of this subtitle the Justice of the Peace, Committing
Magistrate or Police Justice before whom the alleged offender
is taken as aforesaid shall have jurisdiction to hear and deter-
mine such complaint and impose the fine or sentence herein
provided; but any person so convicted of any offense under this
subtitle shall have the right to appeal from the judgment of
such Justice of the Peace, Committing Magistrate 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 such
appeal shall be taken within thirty days from the date of
judgment. 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 afore-


 

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Session Laws, 1910 Session
Volume 487, Page 182   View pdf image (33K)
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