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Session Laws, 1961
Volume 654, Page 515   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            515

CHAPTER 382
(Senate Bill 282)

AN ACT to add new Section 418A to Article 27 of the Annotated
Code of Maryland (1957 Edition and 1960 Supplement), title
"Crimes and Punishments", sub-title "Obscene and Other Objec-
tionable Publications", sub-heading "Obscene Publications", to fol-
low immediately after Section 418 thereof, providing for the crea-
tion, institution and maintenance of injunction proceedings to
restrict the sale or distribution, or acquisition with intent to sell
or distribute, any obscene books, magazines, publications or
articles; requiring prompt trials in such cases; providing that
those who have been served a summons charging a violation of this
act are chargeable with knowledge of the contents of obscene
matter they subsequently sell or distribute; all of said section
relating to the creation of said injunctive remedy.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 418A be and it is hereby added to Article 27 of the
Annotated Code of Maryland (1957 Edition and 1960 Supplement),
title "Crimes and Punishments", sub-title "Obscene and Other Objec-
tionable Publications", sub-heading "Obscene Publications", to follow
immediately after Section 418 thereof, and to read as follows:

418A.

The circuit courts of the counties and the equity courts of the
Supreme Bench of Baltimore City have jurisdiction to enjoin the sale
or distribution of any book, magazine, or any other publication or
article which is prohibited from sale or distribution, as hereinafter
specified.

1.    The state's attorneys of the counties and Baltimore City in
which a person, firm or corporation sells or distributes or is about
to sell or distribute or has in his possession with intent to sell or
distribute or is about to acquire possession with intent to sell or dis-
tribute any book, magazine, pamphlet, newspaper, story paper, writ-
ing paper, picture, card, drawing or photograph or any article or
instrument of use which is obscene, within the meaning of Section
418 of this Article may maintain an action for an injunction against
such person, firm or corporation in the circuit court of the counties
or the equity courts of the Supreme Bench of Baltimore City to pre-
vent the sale or further sale or the distribution or further distribu-
tion or the acquisition, publication or possession within this state of
any book, magazine, pamphlet, newspaper, story paper, writing
paper, picture, card, drawing or photograph, or any article or instru-
ment of use which is obscene.

2.    The person, firm, or corporation sought to be enjoined is
entitled to a trial of the issues within one day after joinder of issue
and a decision shall be rendered by the court within two days after
the conclusion of the trial.

3.    In the event that an order or judgment be entered in favor of
the state's attorney and against the person, firm or corporation
sought to be enjoined, such final order or judgment shall contain a
provision directing the person, firm or corporation to surrender to
such peace officer as the court may direct or to the sheriff of the


 

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Session Laws, 1961
Volume 654, Page 515   View pdf image (33K)
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