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Session Laws, 1957
Volume 640, Page 562   View pdf image (33K)
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562                               Laws of Maryland                       [Ch. 399

316. (Appeals.) The action of the Commissioner in revoking or
refusing to grant a license for the manufacture, sale or possession
of explosives shall be evidence by a written notice given to the
license-holder or applicant as the case may be. Such notice shall set
forth the ground or grounds on which the action of the Commis-
sioner is based and shall be deemed to have been given if delivered
or mailed to the license-holder or applicant at the address given in
the license or application for license. Any person claiming to be ag-
grieved by the action of the Commissioner in refusing to grant him
a license or in revoking a license previously granted to him, may,
not later than the thirtieth day after the day of delivery or mailing
of the notice, as aforesaid, appeal to the Circuit Court of any coun-
ty, sitting in equity, or the Circuit Court of Baltimore City. All such
appeals shall be initiated by a petition setting forth concisely the
particulars in which the action of the Commissioner is claimed to
be unlawful or erroneous. The hearing on petition shall be de novo
on both the law and the facts and any party may introduce testi-
mony or other evidence. If the Court finds the action of the Commis-
sioner to be unlawful or contrary to the substantial weight of the
evidence, it shall remand the case for further proceedings in accord-
ance with its opinion, or order; otherwise, the action of the Com-
missioner shall be affirmed. From the final decision of the Circuit
Court, any party to the case may take an appeal to the Court of Ap-
peals in the same manner as in other equity cases [, but not later
than the tenth day after the date of the order appealed from; and
the Court of Appeals shall promptly hear and determine such ap-
peal].

Sec. 27. And be it further enacted by the General Assembly of
Maryland,
That Sections 15, 17, 26 and 27 of Article 51 of the An-
notated Code of Maryland (1951 Edition), title "Juries", sub-title
"Qualification and Selection of Jurors", be and they are hereby re-
pealed and re-enacted with amendments, to read as follows:

15. In all [civil] criminal cases called for trial in any court in
which a jury shall be necessary, according to the constitution and
laws of this State, twenty persons from the panel of petit jurors
shall be drawn by ballot by the clerk under the direction of the
court, and the names of the twenty persons shall be written upon
two lists, and one of said lists forthwith delivered to the respective
parties or their counsel in the cause; and the said parties or their
counsel may each strike out four persons from the said lists and the
remaining twelve persons shall thereupon be immediately empanel-
led and sworn as the petit jury in such cause.

17. The several courts of this State shall at all times have power
to direct talesmen to be summoned to serve on juries where, with-
out such talesmen, there would not be twenty of the original panel,
exclusive of the jury charged, from whom a jury can be formed; or
may direct such talesmen to be summoned whenever in the judg-
ment of the courts a sufficient number of jurors of the regular panel
cannot be had to try the case [, either civil or criminal].

26. The jurors sworn to try [either] a criminal [or a civil] ac-
tion may, at any time before the submission of the case to the jury,
in the discretion of the court, be permitted to separate or may be
kept in charge of proper officers.

 

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Session Laws, 1957
Volume 640, Page 562   View pdf image (33K)
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