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Session Laws, 1963
Volume 671, Page 1501   View pdf image (33K)
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I MILLARD TAWES, Governor                       1501

his right to a jury trial is waived, and the issue will be tried by the
Court. The failure of the bill or petition to contain such a notice
does not invalidate the proceedings, provided the Court, in any such
case, where the defendant appears for trial, otherwise safeguards
the defendant's right to elect a jury trial.

(c)  Upon the filing of the bill or petition the Court may issue a
warrant for the apprehension and arrest of the defendant or de-
fendants or any of them directed to any officer of this State
authorized to execute warrants, commanding him to apprehend the
defendant or defendants and bring him, her, or them before the
Court for the purpose of answering and having an adjudication as
to the matters complained of in the bill or petition. The warrant
shall specify the amount of bond, if any shall be allowed, on which
the defendant or defendants may be released pending hearing. In
lieu of a warrant, the Court in its discretion may issue a subpoena
for the appearance of the defendant or defendants or any of them.
The subpoena shall state the time and place for the defendant or
defendants to appear to answer and have adjudicated the matters
complained of in the bill or petition. If the defendant or defendants
do not appear pursuant to the mandate of the subpoena, the Court
at any time either before or after hearing or an adjudication against
such party, may issue a warrant for his or their apprehension and
arrest as hereinbefore provided.

(d)  When a defendant or defendants is or are arrested pursuant to
a warrant, he or they shall be taken before the Court issuing it, or,
if the Court is not in session, before any magistrate of the county
or Municipal Court Judge of the City of Baltimore, as the case
may be, where the Court issuing the warrant has jurisdiction; and
said Court, magistrate, or Municipal Court Judge, as the case may
be, shall require the defendant or defendants to give bond to the
State of Maryland in such penalty as the Court shall have thereto-
fore specified in the warrant, with good and sufficient securities,
conditioned that they will appear in the Court issuing such warrant
on a specified day and at a specified time to answer the complaint
and to obey any order which may be passed or which shall have
been passed by the Court in the proceedings; provided, that if the de-
fendant or defendants are brought before the Court issuing the
warrant, said Court may release them or either of them on such
bond or other terms as said Court may then deem proper regardless
of the amount of bond specified in the warrant. In default of such
security, the Court, magistrate, or Municipal Court Judge shall
commit such defendant or defendants to the county or city jail
as the case may be until the bond is given or until they are dis-
charged by the Court issuing the warrant in due course of law.

(e)  If the defendant or defendants or any of them fail to appear
after having been duly summoned or after posting bond as herein-
before provided, the hearing on the complaint, in the discretion of
the Court, may proceed in their absence, and the Court may pass
such orders as may be just and proper, which orders shall be
binding on and enforceable against said defendant or defendants
to the same extent and as fully as if they had been present. In such
cases, the security posted by such defendant or defendants for their
appearance shall be forfeited and applied on account of the pay-
ment of any order passed in the proceedings, and the defendant


 

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Session Laws, 1963
Volume 671, Page 1501   View pdf image (33K)
 Jump to  
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