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Session Laws, 1957
Volume 640, Page 535   View pdf image (33K)
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Theodore R. McKeldin, Governor                      535

judgment of a trial magistrate in Baltimore City or from any judg-
ment of a magistrate of the Traffic Court of Baltimore City, in any
civil, criminal or motor vehicle cause. Such appeal may be taken at
any time within thirty days from the date of said judgment if the
cause is civil, and within ten days if the cause is criminal or deals
with a violation of any motor vehicle law. The court to which such
appeal is taken shall hear the case de novo and determine the same
according to law and the equity and right of the matter. This section
shall be construed to include all actions of debt for the collection of
fines, penalties and forfeitures imposed by any law of the State or
by any ordinance of any incorporated city or town of the State, and
which are made recoverable before a justice of the peace, in which
a right of appeal may not be given by the law imposing same; and
this section shall also be construed to include all causes of any kind
or nature triable before any justice of the peace.

If an appeal is taken from a conviction imposing a fine or other
monetary penalty in a criminal case, the trial magistrate shall trans-
mit the fine, costs or other monetary penalty so levied to the clerk
of the circuit court to which said appeal is taken. In the event of
acquittal or of the levy of a fine (including costs) by the circuit
court in a sum less than that levied by the magistrate, the entire fine
or the surplus held by the clerk in excess of the fine levied by the
circuit court, as the case may be, shall be returned to the defendant.
All fines levied by the circuit court hereunder shall be paid by the
said clerk to the county commissioners as provided in this section.
In the event of a dismissal of an appeal by the defendant before trial
in the circuit court, the clerk shall pay the fine, costs, or other
monetary penalty so deposited with him to the county commissioners
as hereinabove provided.

In the event an appeal is taken from a conviction for a violation
of the motor vehicle laws, the trial magistrate shall transmit the fine,
costs, or other monetary penalty levied in such case to the clerk of
the circuit court to which said appeal is taken. In the event of ac-
quittal or of the levy of a fine (including costs) by the circuit court
in a sum less than that levied by the magistrate, the entire fine or
the surplus held by the clerk in excess of the fine levied by the circuit
court, as the case may be, shall be returned to the defendant. All
fines levied by the circuit court for motor vehicle violations shall be
paid by the clerk of the circuit court to the Department of Motor
Vehicles. In the event of the dismissal of an appeal by the defendant
before trial in the circuit court the said clerk shall pay the fine, costs,
or other monetary penalty so deposited with him to the Department
of Motor Vehicles.

31. Personal Representative Of Deceased May Appeal.

If either party die DIES after the rendition of a judgment by a
justice of the peace, his executor or administrator may appeal within
sixty days after the rendition of the judgment.

Wherever the words "county commissioners" appear in these

sections, they shall be taken to include the Mayor and City Council

of Baltimore City, and wherever the words "circuit court" appear in

these sections, they shall be taken to include the Criminal Court of
Baltimore; wherever the words "justice of the peace" appear they

shall include trial magistrates".

 

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Session Laws, 1957
Volume 640, Page 535   View pdf image (33K)
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