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Session Laws, 1957
Volume 640, Page 574   View pdf image (33K)
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574                               Laws of Maryland                       [Ch. 399

in any case involving rights or privileges granted to such Veteran
by this sub-title, shall have the right to appeal to the Circuit Court
of the County having jurisdiction of the governmental unit involved,
or to the Superior Court of Baltimore City if the State Employment
Commissioner is involved, or if the Courts of Baltimore City have
jurisdiction of the governmental unit involved, and in case more
than one court shall have jurisdiction of any governmental unit, the
appeal may be taken to any court having jurisdiction. Such appeal
shall be taken within thirty (30) days of the action or refusal to
act complained of, and upon appeal, the court, without the interven-
tion of a jury, shall hear the case de novo, and shall fully determine
the rights of the complaining Veteran and pass an appropriate
Order. From the Order of the lower court in any such case, there
shall be an appeal to the Court of Appeals by either the Veteran or
the State, or other governmental unit involved. [Such appeal shall
be taken in thirty (30) days from the date of the Order of the lower
court, and the Court of Appeals may review, upon both the law and
the evidence, provided that the Order of the trial court shall not be
set aside on the evidence, unless clearly erroneous, and due regard
shall be given to the opportunity of the trial court to judge of the
credibility of the witness. Such appeals shall be heard on the original
papers, the exhibits, and a typewritten transcript of the testimony
taken in the lower court, and typewritten briefs may be filed by
counsel. The Court of Appeals may affirm, reverse or modify the
Order appealed from, or remand without affirmance or reversal, or
for such further action by the lower court as it may indicate.]
If any Second World War Veteran seeking court relief, as this sec-
tion provided, shall apply to the Judge of the lower court having
jurisdiction of his appeal, the Judge shall assign counsel to such
Veteran without cost to him. No court costs shall be assessed against
any Veteran seeking court relief as in this section provided.

Sec. 42. And be it further enacted by the General Assembly of
Maryland,
That Section 71 of Article 100 of the Annotated Code of
Maryland (1951 Edition), title "Work—Hours of, in Factories",
sub-title "Injunctions", be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

71. Whenever any court [or judge or judges thereof] shall issue
or deny any temporary injunction in a case involving or growing out
of a labor dispute any party may appeal therefrom to the Court of
Appeals
[, the court shall, upon the request of any party to the pro-
ceedings, and on his filing the usual bond for costs, forthwith certify
the entire record of the case, including a transcript of the evidence,
to the appropriate Appellate Court for its review. Upon the filing
of such record in the appropriate Appellate Court the appeal shall
be heard with the greatest possible expedition, giving the proceeding
precedence over all other matters except other matters of the same
character].

Sec. 43. And be it further enacted by the General Assembly of
Maryland,
That Section 57 of Article 101 of the Annotated Code of
Maryland (1956 Supplement), title "Workmen's Compensation", sub-
title "Appeals", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

57. Any employer, employee, beneficiary or person feeling ag-
grieved by any decision of the Commission affecting his interest

 

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Session Laws, 1957
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