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Session Laws, 1955
Volume 620, Page 20   View pdf image (33K)
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20                                LAWS OF MARYLAND                          [CH. 11

CURRENT JURISDICTION TO MAGISTRATES — WITH
COURTS HAVING GENERAL CRIMINAL JURISDICTION.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Sections 167 and 169 of Article 27 of the Annotated Code of
Maryland (1951 Edition), title "Crimes and Punishments", sub-
title "False Pretenses", be and they are hereby repealed and re-
enacted, with amendments, to read as follows:

167. Every person who, with intent to cheat and defraud another,
shall obtain money, credit, goods, release from any debt or obligation
for materials or labor in the construction or repair of any building or
buildings, wares or anything of value, of the value of one hundred
dollars or more,
by means of a check, draft or any other negotiable
instrument of any kind drawn, whether by such person or by any
other person, persons, firm or corporation, upon any bank, person,
firm or corporation, not indebted to drawer, or where the drawer or
drawers thereof, shall not have provided for the payment or accept-
ance, and the same be not paid upon presentation, shall be deemed to
have obtained such money, credit, goods, release, wares or things of
value by means of a false pretense, and upon conviction, shall be
fined or imprisoned, or both, as provided in Section 165 of this Article,
at the discretion of the Court. Where the value of such money, credit,
goods, release, wares or anything of value is less than one hundred
dollars, such person, upon conviction, shall be deemed guilty of a
misdemeanor and fined not more than fifty dollars or imprisoned for
not more than eighteen months in the House of Correction or Jail,
or both fined and imprisoned in the discretion of the Court, and the
Trial Magistrates of the Counties and Police Magistrates in the City
of Baltimore shall have concurrent jurisdiction over such offense
with the Circuit Courts of the Counties and with the Criminal Court
of Baltimore City, as the case may be.
The giving of the aforesaid
worthless check, draft or negotiable instrument shall be prima facie
evidence of intent to cheat or defraud; provided that if such person
shall be a bona fide resident of the State of Maryland and shall deposit
with the drawee of such paper within ten days thereafter funds
sufficient to meet the same, with all costs and interest which may
have accrued, he shall not be prosecuted under this section, and no
prosecution either by presentment, indictment or otherwise, shall be
instituted or commenced until after the expiration of said period of
ten days.

169. Every person who shall obtain money, credit, goods, wares or
anything of value, of the value of one hundred dollars or more, from
another by means of a check, draft or any other negotiable instru-
ment of any kind, with intent at the time of giving such instrument
without the consent of such other to stop or countermand the pay-
ment of the same or otherwise to cause the drawee thereof to dis-
regard or dishonor or refuse to recognize such instrument, shall be
deemed to have obtained such money, credit, goods, wares, or other
thing of value with intent to cheat and defraud another and upon
conviction, shall be fined or imprisoned or both, as provided in Sec-
tion 165 of this Article, at the discretion of the Court. Where the
value of such money, credit, goods, wares or anything of value is less
than one hundred dollars, such person, upon conviction, shall be
deemed guilty of a misdemeanor and fined not more than fifty dollars
or imprisoned for not more than eighteen months in the House of


 

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Session Laws, 1955
Volume 620, Page 20   View pdf image (33K)
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