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Session Laws, 1970
Volume 695, Page 1689   View pdf image
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Marvin Mandel, Governor                        1689

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 108(7), 108(15)(G), and 117 AND 118(A) of Article
52 of the Annotated Code of Maryland (1968 Replacement Volume
and 1969 Supplement), title "Justices of the Peace," subtitle "Trial
Magistrates System," be and are hereby repealed and re-enacted,
with amendments, to read as follows:

108.

(7) There shall be seven trial magistrates, one of whom shall be
a member of the bar of Cecil County, shall sit at Elkton and shall
receive an annual salary of $3,600.00, one of whom shall sit at
Chesapeake City and shall receive an annual salary of $600.00, one
of whom shall sit at Northeast and shall receive an annual salary
of $600.00, one of whom shall sit at Perryville and shall receive an
annual salary of $3,200.00, one of whom shall sit at Port Deposit
and shall receive an annual salary of $900.00, one of whom shall sit
at Cecilton and shall receive an annual salary of $600.00, and one of
whom shall sit at Rising Sun and shall receive an annual salary of
$1,200.00. Provided, however, that the trial magistrate at Port
Deposit shall sit only until such time as the U.S. Naval Training
Center, Bainbridge, Maryland, is disestablished. In each instance
an annual salary shall be paid to each of the respective trial magis-
trates in an amount not less than that specified in this subsection
and these amounts may be increased at any time by the Board of
County Commissioners of Cecil County from county funds. Each
trial magistrate in Cecil County may appoint one constable [who is
required] to serve all civil and criminal processes [issued] directed
to him
by the magistrate. The constable shall receive three dollars
for each paper served in lieu of an annual salary.

(15) (G) THE SHERIFF OF MONTGOMERY COUNTY, CHIEF
DEPUTY, AND ALL OTHER DEPUTIES ARE HEREBY AU-
THORIZED, DIRECTED AND REQUIRED TO SERVE [ALL]
CIVIL PROCESS ISSUED BY SAID JUDGES, BUT THIS PARA-
GRAPH SHALL NOT APPLY TO PROCESS ISSUED BY THE
JUDGE OF THE PEOPLE'S COURT FOR JUVENILE CAUSES.

117.

When two trial magistrates are assigned by this subtitle for serv-
ices in the same town or locality, either of said magistrates shall
have authority to try civil or criminal cases originating before or
removed to the other magistrate, whenever necessary for the con-
venience and prompt trial of such cases, and in accordance with the
mutual arrangement by said magistrates of their schedules of trials
to that end.

Process, execution, or any other writ requiring service upon a
person or levy upon property, which may issue from any trial magis-
trate, may be directed by such trial magistrate to any constable ap-
pointed under this subtitle and return thereon shall be made by
such constable to the trial magistrate who issues such writ; provided
that in Cecil County all such processes, executions, writs or levies
shall MAY instead be directed to the Sheriff of said county who shall
make return thereon as herein provided. A majority of the trial
magistrates of Cecil County,
WITH APPROVAL OF THE AD-
MINISTRATIVE JUDGE OF THE CIRCUIT COURT OF CECIL

 

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Session Laws, 1970
Volume 695, Page 1689   View pdf image
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