Marvin Mandel, Governor                         415

that any person sentenced to pay a fine [or costs or both,] shall pay
said fine [and/or costs] in installments of such amounts, at such
times, and upon such conditions as the court may fix. Any of said
terms may at any time be revised.

Sec. 4. And be it further enacted, That Section 39 of Article 5 of
the Annotated Code of Maryland (1968 Replacement Volume and
1968 Supplement), title "Appeals," subtitle "Appeals to Circuit
Courts for Counties and Superior Court of Baltimore City," is hereby
repealed and re-enacted, with amendments, to read as follows:

39.

Where any judgment of a justice of the peace, imposing any fine
or penalty for the violation of any law or ordinance, shall be affirmed
upon appeal, the court to which such appeal is taken shall have the
power to commit the defendant or appellant in case of nonpayment
of such fine or penalty, in accordance with Article 38, Section 4,
[and costs; provided, that no person shall be imprisoned under this
section for a longer period than thirty days for any one offense].

Sec. 5. And be it further enacted, That Section 340 of Article
66½ of the Annotated Code of Maryland (1967 Replacement Volume
and 1968 Supplement), title "Motor Vehicles," subtitle "Offenses and
Prosecutions," is hereby repealed and re-enacted, with amendments,
to read as follows:

340.

In default of the payment of any fines imposed for violations of
any of the provisions of this Article, the offender [shall] may be
committed to jail in accordance with the provisions of Section 4 of
Article 38; provided that any offender who shall have been found
guilty of the violation of any provision of this Article and made to
pay a fine or suffer imprisonment therefor, and who shall be con-
victed at any time thereafter of a second or additional offense un-
der the same provision, may for each second or additional offense be
fined in double the amount herein prescribed for the first offense,
or may be sentenced to imprisonment for the period prescribed for
the first offense.

This section is not to apply to those cases as to which penalties in
excess of the above have been specially provided for in this Article.

Sec. 6. And be it further enacted, That on and after the effective
date of this Act, any person under commitment in default of pay-
ment of costs imposed upon a conviction, whether the offense re-
sulting in conviction was committed prior to or after the effective
date of this Act, shall be discharged forthwith from commitment in
default of payment of costs upon application to the court imposing
commitment by order thereon or upon general order of the court,
and no person shall be committed in default of costs on or after the
effective date of this Act. Any person committed to serve a period
in default of payment of a fine prior to the effective date of this
Act, or committed thereafter for offenses committed prior to the
effective date, may apply to the court committing him for redeter-
mination of commitment and the provisions of this Act shall control