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Session Laws, 1962
Volume 651, Page 148   View pdf image (33K)
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148 LAWS OF MARYLAND [CH. 36

is hereby enacted in lieu thereof, to stand in the place of the
Section repealed and to read as follows:

60. Any justice of the peace may, to the extent of his jurisdiction,
issue writs of attachment in those cases authorized and provided
for by the Maryland Rules; and practice and procedure with re-
spect thereto shall be the same, so far as practical, as that provided
for in said rules with respect to the courts of the State, it being
the intention of the Legislature to adopt the Maryland Rules with
respect to attachments insofar as they may be applicable to at-
tachment proceedings before justices of the peace.

SEC. 34. And be it further enacted, That Section 72 of Article
56 of the Code, title "Licenses" sub-title "Traders"; sub-section
(b) of Section 91 of Article 56 of the Code, title "Licenses", sub-
title "Private Detectives", Section 95 of Article 56 of the Code,
title "Licenses", sub-title "Revocation"; paragraph (2) of sub-
section (e) of Section 204 and Section 207 of Article 56 of the
Code, title "Licenses", sub-title "Outdoor Advertising"; and sub-
section (c) of Section 225 of Article 56 of the Code, title "Licenses",
sub-title "Real Estate Brokers", be and they are hereby repealed
and re-enacted, with amendments to read as follows:

72.

Any person aggrieved by any order of the Comptroller suspend-
ing, revoking, or refusing a special cigarette license may appeal to
the Baltimore City Court or the circuit court of the county where
he resides or has his principal place of business. '[Such appeal must
be taken within 30 days from the date of the order appealed from.
In case of suspension or revocation, the reviewing court, upon
application of the appellant, shall have power to stay the action
of the Comptroller. ] The appeal shall be tried on the record made
before the Comptroller, with the right reserved to either party
to offer additional evidence, if desired, and the court shall determine
the issue de novo, after considering the applicable provisions of
the law and all of the evidence before it. The decision of the
reviewing court may be appealed to the Court of Appeals of Mary-
land £, in like manner as appeals generally in civil cases J.

91 (b) Any person aggrieved by any decision of the Superin-
tendent, after a hearing, in refusing to issue or renew a license,
or revoking or suspending a license shall have the right to judicial
review thereof, which review shall be without the intervention of a
jury, by appeal to the circuit courts for the several counties or
the Baltimore City Court, as the case may be. Said review shall
be had on the record and proceedings before the Superintendent
E, which shall be certified to the court by the Superintendent within
fifteen days after service on the Superintendent of a notice of ap-
peal]; provided that, in the discretion of the court, any party,
including the Superintendent, shall have the right to present any
new or additional evidence pertinent to the matter. The determina-
tion of the Superintendent shall be prima facie correct and the
burden of proof shall be on the appellant to show that the Superin-
tendent acted fraudulently, arbitrarily or capriciously. The court
may affirm, modify or reverse the determination of the Superin-


 

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Session Laws, 1962
Volume 651, Page 148   View pdf image (33K)
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