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Session Laws, 1963
Volume 671, Page 556   View pdf image (33K)
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558                               LAWS OF MARYLAND                        [CH. 343

county or in the common law courts of Baltimore City having juris-
diction over the place where the accident occurred or over the person
appealing from such decision, and the court shall determine whether
the Commission has justly considered all the facts concerning the
injury, whether it has exceeded the powers granted it by the article,
and whether it has misconstrued the law and facts applicable in the
case decided. In the event that an appeal shall be taken to a court
other than the circuit court of the county or to a common law court
of Baltimore City having jurisdiction over the place where the acci-
dent occurred or over the person appealing from such decision, the
court shall on motion of either party transfer such appeal to the
proper tribunal, so that the said appeal may be heard on its merits
in the court having jurisdiction to hear the same. If the court shall
determine that the Commission has acted within its powers and has
correctly construed the law and facts, the decision of the Commis-
sion shall be confirmed; otherwise it shall be reversed or modified.
Upon the hearing of such an appeal the court shall, upon motion of
either party filed with the clerk of the court according to the prac-
tice in civil cases, submit to a jury any question of fact involved in
such case provided, however, that in all appeals in which occupa-
tional diseases are involved, the findings of fact by the Commission
shall be final and not subject to review or modification by the court
or be submitted to a jury. The proceedings in every such an appeal
shall be informal and summary, but full opportunity to be heard
shall be had before judgment is pronounced. An appeal shall not be
a stay of any order of the Commission directing payment of com-
pensation or the furnishing of medical treatment. If the decision of
the Commission shall be confirmed, reversed or modified, the practice
prevailing in civil cases as to the payment of costs and the fees of
medical and other witnesses shall apply. In all such appeals upon
suggestion in writing, under oath, of either of the parties to said
proceedings that such party cannot have a fair and impartial trial
in the court in which the same may be pending, the said court shall
order and direct the record of proceedings in such appeal to be
transmitted to some other of the circuit courts of the counties, or
common law courts of Baltimore City for trial. Appeal shall lie from
the judgment of the circuit court of the county or the common law
courts of Baltimore City to the Court of Appeals as in other civil
cases. All appeals from the Commission shall have precedence over
all cases except criminal cases.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1963.

Approved April 17, 1963.

CHAPTER 343
(Senate Bill 377)

AN ACT to add new Section 400A to Article 21 of the Code of
Public Local Laws of Maryland (1930 Edition), title "Talbot
County", to follow immediately after Section 400 thereof and to
be under the new sub-title "Peddlers", Section 400A thereof hav-
ing been repealed by Chapter 788 of the Acts of 1959, to license

 

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Session Laws, 1963
Volume 671, Page 556   View pdf image (33K)
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