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Session Laws, 1935
Volume 579, Page 1123   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 1123

ceedings in said case, including a copy of his judgment
(in appeal cases), together with the name and residence
of the witnesses for the prosecution to the Clerk of the
Circuit Court for Calvert County, who shall place such
case on the appeal docket of said Court and issue sub-
poenas for the witnesses named by the Justice only upon
the written order of the State's attorney, and the case
shall be then tried in said Court de novo on the informa-
tion or warrant. When an appeal shall be taken by the
accused after the execution of sentence has begun, by con-
finement in jail or the Maryland House of Correction, the
said Justice on sufficient surety being given for the ac-
cused's appearance at Court as herein required, shall at
once transmit an order reciting this fact to the officer in
whose custody he may be, and directing his discharge, and
in default of such surety being given, the said Justice shall
send a commitment to the sheriff of the County, com*
manding him to receive the prisoner and hold him for his
appearance at Court to answer said charge; and on the
presentation of the copy of such commitment by the sher-
iff to the officer in whose custody the prisoner may be,
such officer shall at once deliver the prisoner to the sheriff,
and it shall be the duty of the sheriff upon receipt of such
commitment to forthwith obtain such prisoner if he be not
in his custody. Provided, however, that in any case where
the accused when brought before such Police Justice freely
elects to be tried before said Police Justice, and the fine
imposed for the offense committed, if the accused be ad-
judged guilty, is $10 or less, exclusive of costs, there shall
be no appeal to the Circuit Court for Calvert County; but
should said accused after conviction and the imposition of
said fine of $10 or less, exclusive of costs, feel aggrieved
by the judgment of said Police Justice, he may within ten
days after said conviction, exclusive of the day on which
said judgment was rendered, make application in the usual
way to the Circuit Court for Calvert County for the writ
of certiorari, and bring the matter of his conviction be-
fore said Court, and to be there heard and determined de
novo on its merits as if the same were an appeal from a
decision of a Justice of the Peace in said County. Pro-
vided, further, that in case any person shall be taken into
custody because of the violation of any of the provisions
of Sections 171 to 210, both inclusive, of Article 56 of the
Annotated Code of Maryland, title "Licenses, " sub-title
"Motor Vehicles, " or any subsequent act in relation there-
to, he shall forthwith be taken in Calvert County before
the nearest Justice of the Peace, and should said Justice

 

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Session Laws, 1935
Volume 579, Page 1123   View pdf image (33K)
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