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Session Laws, 1939
Volume 581, Page 400   View pdf image (33K)
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400 LAWS OF MARYLAND. [CH. 237

be, where the person so summoned resides, a warrant for the
arrest of said person, which warrant shall be executed in due
course by the Sheriff to whom directed and the person so
arrested shall be delivered by the said Sheriff on the day
named therein for the return of the writ to the Justice of the
Peace, Police Justice or Justice of the Peace of the Traffic
Court issuing said warrant. All costs and expenses incurred
by the Sheriff in the execution of said warrant shall be assessed
against and collected from the person so arrested by the Jus-
tice of the Peace, Police Justice or Justice of the Peace of the
Traffic Court to whom said 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 ease 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 operator's
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 automobile.

In all complaints of the violation of any of the provisions
of this sub-title, except as provided in Section 206 hereof, 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 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 Crimi-
nal 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 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 ap-
peal being prayed as aforesaid, it shall be the duty of the Mag-
istrate 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


 

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Session Laws, 1939
Volume 581, Page 400   View pdf image (33K)
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