ALBERT C. RITCHIE, GOVERNOR. 1211
writ is returnable, and by him remitted to the Sheriff who shall
have executed said warrant. But no person shall have the right
to demand and receive a summons as hereinbefore provided in
the following cases:
(a) In case of arrest for violation of Section 197 of this.
Article.
(b) In case the operator of said automobile cannot identify
himself to the officer making the arrest as the owner or proper
custodian of said automobile, either by means of his operators
card or other satisfactory identification to said officer.
(c) In any case where there is an accident resulting in per-
sonal injuries, which in the judgment of the officer making the
arrest requires immediate detention of the operator of said auto-
mobile.
In all complaints of the violation of any of the provisions of
this sub-title, except as provided in Section 206 hereof, the Jus-
tice of the Peace, committing Magistrate or Police Justice before
whom the alleged offender is taken as aforesaid, shall have juris-
diction to hear and determine such complaint and impose the
fine or sentence herein provided, but any person so convicted
of any offense under this sub-title 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 juris-
diction 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 judgment, 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 Po-
lice Justice aforesaid, the defendant 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 im-
posed shall be paid, and the same returned to the party paying
the same in event of a reversal on appeal. The Justice of
the Peace or court before whom the final conviction shall be
|
|