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Session Laws, 1961
Volume 654, Page 965   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                                965

time limited by the Maryland Rules of Procedure, the defendant, if
unable by reason of poverty to pay the cost of an appeal to the
Court of Appeals, may file with the court imposing the sentence a
petition under oath alleging the fact of his poverty and his inability
to defray the expense of prosecuting an appeal. The lower court
upon being satisfied that such defendant is unable by reason of
poverty to defray the expense of prosecuting an appeal to the Court
of Appeals shall sign an order directing that all costs, including but
not limited to all court costs, the cost of preparing the transcript
of testimony, the cost of preparing and transmitting the record, and
the cost of the briefs, appendices and printed record extract neces-
sary in connection with the appeal shall be paid by the State of Mary-
land and that the record be transmitted to the Court of Appeals at
the expense of the State. A copy of such order shall be included in
the record transmitted to the Court of Appeals and the payment of
all filing fees to the Clerk of the Court of Appeals in connection with
the appeal shall be waived. If counsel prosecuting such appeal on
behalf of the defendant has been appointed as such counsel by the
court imposing sentence or by the Court of Appeals, the Court of Ap-
peals may allow to such counsel a fee in such amount as the Court
shall think proper for his services in connection with such appeal,
such fee to be paid by the State.

§ 21. Certiorari to secure uniformity of decision.

In any case, civil or criminal, in which a final judgment has been
rendered by the circuit court of any county or by one of the courts
of Baltimore City upon appeal from a justice of the peace, people's
court, trial magistrate [or], traffic court magistrate, or Municipal
Court of Baltimore City
if it shall be made to appear to the Court
of Appeals upon petition of any party that a review is necessary to
secure uniformity of decision, as where the same statute has been
construed differently by the courts of two or more circuits, or that
there are other special circumstances rendering it desirable and in
the public interest that the case should be reviewed, the Court of
Appeals shall require, by certiorari or otherwise, any such case to
be certified to the Court of Appeals for its review and determination.

§ 30. Right to appeal from justice and certain magistrates; hear-
ing; disposition, of fines, etc.

Any party may appeal to the circuit court for the county [or the
Baltimore City Court, as the case may be,] from any judgment of a
justice of the peace or trial magistrate of [any] the 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, criminal or motor vehicle cause. Such appeal may be
taken at any time within thirty days from the date of said judg-
ment if the cause is civil, and within ten days if the cause is criminal
or deals with a violation of any motor vehicle law. 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.
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 im-

 

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Session Laws, 1961
Volume 654, Page 965   View pdf image (33K)
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