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Session Laws, 1941
Volume 582, Page 1083   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1083

entire period shall in no event exceed the maximum time herein
prescribed.

(4) Said justices of the peace at any time may end such
period of probation, or during such period, or written charges
preferred under oath, of violation of any condition of proba-
tion, may issue a warrant or notice requiring the probationer
or person accused to be brought or to appear before the justice
of the peace issuing said warrant or notice, to answer such
charges of violation of conditions of probation or suspension
of sentence, and to fix a date for the hearing of such charge or
violation of said conditions. Pending the hearing or deter-
mination of such charge, the probationer or person accused
may be sent to jail by said justice of the peace, or may be by
him released, with or without bail, as said justice of the peace
may determine. If at such hearing the person accused be
found by said justice of the peace to have violated any of the
terms of said conditions of probation, said justice of the peace
may revoke the probation granted or suspension of sentence,
and may impose any sentence, to take effect from its date,
which he might have originally imposed for the crime of which
said probationer or person accused was either convicted or to
which he pleaded guilty or nolo contenders; or if neither con-
viction nor plea of guilty or nolo contendere was had, then the
person accused may be tried on said charge.

(5) Any charge of violation of the terms of probation
or the suspension of sentence shall be heard and deter-
mined by the justice of the peace who originally heard the
matter and imposed the terms, notwithstanding in the interim
he may have been transferred to another station house, and
the probationer or person accused shall be sentenced by said
justice of the peace; provided, however, that where the term of
office of the justice of the peace before whom the matter was
originally heard has expired or where said justice of the peace
has been removed from office, has died, resigned or has other-
wise become incapacitated, then his successor in the station
house where he was last assigned shall have full power and
jurisdiction to hear and determine the matter and to impose
sentence as fully and completely as if the case was originally
brought before said successor.

SEC. 3. - And be it further enacted, That nothing in this Act
shall be construed to change, enlarge or diminish the jurisdic-
tion or powers of the Magistrates of the Traffic Court of Bal-
timore City.

SEC. 4. And be it further enacted, That this Act shall take
effect on June 1, 1941.

Approved May 26, 1941.

 

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Session Laws, 1941
Volume 582, Page 1083   View pdf image (33K)   << PREVIOUS  NEXT >>


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