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Session Laws, 1941
Volume 582, Page 2055   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 2055

desk clerks. It is suggested that these duties might not be
compatible with the duties of a Committing Magistrate who
is a part of the judicial system of the State.

In view of the variance with the established practice, I feel
compelled to veto the measure.

Chapter 865 (Senate Bill 346); Chapter 753 (House Bill
749); Chapter 895 (House Bill 830). The State Law Depart-
ment has made special mention of these three enactments in
the official opinion concerning bills.

Chapter 865 relates to motor vehicle offenses throughout the
State and undertakes to permit Justices of the Peace to accept
cash collateral in an amount less than the maximum fine
imposable for the violation in question.

Chapter 753 relates to Justices in Prince George's County
and Chapter 895 vests the jurisdiction in Justices in Queen
Anne's County.

The Attorney General points out that if these Bills were
signed, Committing Magistrates, possessed of no authority to
try cages or to fix punishment, would be permitted to release
the accused on the posting of collateral in an amount of one-
tenth of the maximum fine. The legal opinion points out that
Chapter 865 is inconsistent with Chapter 895 and that the
special Act relating to Queen Anne's County would be at
variance with the general law.

The opinion also emphasizes the fact that as to Chapter 865,
there is a further question in that the bill repeals and re-enacts
that provision of the law giving jurisdiction over motor vehicle
offenses to the Justice of the Peace, Committing Magistrate
or Police Justice before whom an offender is taken. In the
language of the Attorney General's opinion to me, "This seems
to be clearly inconsistent with the present Trial Magistrates'
law restricting trial jurisdiction to such officials. "

In view of this situation, I feel compelled to veto these
measures.

JUVENILE COURTS.

Chapter 612 (House Bill 648). There was passed, at the
recent session, a State-wide law (Chapter 807), relating to the
jurisdiction of Juvenile Magistrates generally.

This Bill, which was signed, had been recommended by the
Juvenile Court Commission, appointed by me, to survey this
important field.

The State Law Department rules that Chapter 612 is incon-
sistent with the State-wide provision and it is strongly recom-
mended that Chapter 612 be vetoed.

 

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Session Laws, 1941
Volume 582, Page 2055   View pdf image (33K)   << PREVIOUS  NEXT >>


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