984                               Laws of Maryland                       [Ch. 594

Whereas, In order to cure any possible question about the validity
of these sections as amended by the Act of 1953, it is desirable to re-
enact them in the same form, incorporating therein also an amend-
ment added to one of these sections by Chapter 444 of the Acts of
1955 and incorporating in addition a change in Section 303 (a) of
Article 66½ originally proposed by House Bill No. 81 at the 1957
Session of the General Assembly; now, therefore

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 94 of Article 5 of the Annotated Code of Maryland
(1956 Supplement), title "Appeals and Errors", sub-title "Appeals
From Justices of Peace", and Section 303 of Article 66½ of said
Code, title "Motor Vehicles", sub-title "Operation of Vehicles Upon
Highways", said sections having been amended by Chapter 676 of
the Acts of 1953 and Chapter 444 of the Acts of 1955, be and they are
hereby repealed, and that new Section 94 of Article 5 and 303 of
Article 66½ be and they are hereby enacted in lieu thereof, to stand
in the place of the sections so repealed, and all to read as follows:

94. (a) Any party aggrieved thereby may appeal from any judg-
ment of a Justice of the Peace of any county or from any judgment
of a Trial Magistrate in Baltimore City or from any judgment of a
Magistrate of the Traffic Court of Baltimore City, in any civil, crim-
inal or motor vehicle cause to the Circuit Court for the County, or
the Baltimore City Court, as the case may be, at any time within
thirty (30) days from the date of said judgment if the cause is civil,
and within ten (10) days if the cause is criminal or deals with a vio-
lation of any motor vehicle law; and 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; and 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 sec-
tion shall also be construed to include all causes of any kind or nature
triable before any Justice of the Peace.

(b)  In the event an appeal is taken from a conviction imposing a
fine or other monetary penalty in a criminal case, the Trial Magis-
trate shall transmit 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 Cir-
cuit 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 mone-
tary penalty so deposited with him to the County Commissioners as
hereinabove provided.

(c)  In the event an appeal is taken from the conviction for a viola-
tion 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