660                             LAWS OF MARYLAND                      [CH. 305

CHAPTER 305
(House Bill 842)

AN ACT to add new Sections 99 (c) and (d) to Article 52 of the
Annotated Code of Maryland (1964 Replacement Volume and 1966
Supplement), title "Justices of the Peace," subtitle "Trial Magis-
trates System," to follow immediately after Section 99(b) thereof,
to grant to the judges of the Montgomery County People's Court
the power to adjudicate persons guilty of direct contempt in the
type of cases set forth in Section 4 of Article 26 of the Maryland
Code, providing for the penalty for said direct contempt, the pro-
cedure in proceedings thereon and the rights of appeal to the
Montgomery County Circuit Court from adjudication of guilt
thereof, and to grant to the judges of the Montgomery County
People's Court the power to issue summons for the attendance of
witnesses within the State in civil cases with the power of attach-
ment for contempt for a defaulting witness and providing for a

fine not to exceed fifty dollars ($50.00)

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 99 (c) and (d), be and they are IT IS hereby
added to Article 52 of the Annotated Code of Maryland (1964 Re-
placement Volume and 1966 Supplement), title "Justices of the
Peace," subtitle "Trial Magistrates System," to follow immediately
after Section 99 (b) thereof, and to read as follows:

(c) To issue attachments and inflict summary punishments for
direct contempts, committed in the presence of the Montgomery
County People's Court or so near the said Court as to interrupt its
proceedings in the types of cases set forth in Section 4 of Article 26
of the Annotated Code of Maryland, provided that the procedure and
record in such cases shall be as provided for direct contempts under
Rule P 3 of the Maryland Rules of Procedure, and provided further
that the punishment for said contempts shall not exceed a fine of one
hundred dollars ($100) or ten (10) days in jail or close confinement.
Any person may appeal to the Montgomery County Circuit Court
within ten (10) days from any order or judgment purporting to be
issued under the authority contained herein. Upon such appeal the
Montgomery County Circuit Court shall consider and pass upon the
law and the facts and shall issue such order as it may deem proper,
including the reversal or modification of the order from which the
appeal was taken. An appeal pursuant to this subsection shall stay
the execution of sentence except where a person has been committed
for a contempt, and then he shall have the right with respect to
admission to bail pending appeal as an accused in a criminal pro-
ceeding.

(d) To issue summons for the attendance of any witness within
the State in civil cases in the People's Court of Montgomery County,
and upon the failure of any person to attend in response to said sum-

mons at the time and place mentioned therein, the judge of the

Montgomery County People's Court shall issue an attachment of

contempt made returnable before the judge issuing the same who

may, at his discretion, fine such defaulting witness in any sum not

exceeding fifty dollars ($50.00) and shall issue execution for such fine
and costs and the same shall be collected and paid to the clerk of the