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Session Laws, 1972
Volume 708, Page 554   View pdf image
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554                              Laws of Maryland                      [Ch. 181

City. On such appeal the action against such defendant so appealing
shall be tried de novo in the same manner as if said action had
originally been instituted in the Criminal Court of Baltimore but
without the necessity of presentment or indictment by the grand
jury.] If [the] a defendant [so] who appeal[ing]s from a convic-
tion in the District Court
is convicted [in said] after a trial de novo
on appeal, the [Criminal Court of Baltimore] appellate court may
impose any sentence authorized by law to be imposed as punishment
for the offense [of which such defendant is convicted, irrespective
of the sentence imposed in the Municipal Court. Said trial de novo
on appeal in the Criminal Court of Baltimore shall be by jury if
demanded by the defendant] except that the appellate court may
not impose a sentence more severe than the sentence imposed in the
District Court unless: (1) the reasons for the increased sentence
affirmatively appear; (2) the reasons are based upon objective infor-
mation concerning identifiable conduct on the part of the defendant
occurring after the original sentence was imposed; and (3) the
factual data upon which the increased sentence is based appears as a
part of the record.

Section 7. And be it further enacted, That Sections 31 through
38, both inclusive, Sections 40 and 41, and Sections 44 through 48,
both inclusive, of Article 5, Annotated Code of Maryland (1968 Re-
placement Volume), title "Appeals" subtitles, respectively, "Appeals
to Circuit Courts for Counties and Superior Court of Baltimore
City," and "Appeal From Municipal Court of Baltimore City to
Criminal Court of Baltimore," be and they are hereby repealed.

Section 8. And be it further enacted, That Sections 5, 6, and 7 of
Article 8, Annotated Code of Maryland (1968 Replacement Volume),
title "Assignment of Choses in Action," subtitles, respectively, "In
General," and "Assignment of Wages," be and they are hereby re-
pealed and re-enacted, with amendments, to read as follows:

5.    Same—Oath of assignee.

No action shall be maintained in the name of any assignee upon any
assignment mentioned in the preceding section, upon the default of
the obligor, unless the obligee shall have made or shall make oath,
to be endorsed, on such bond or obligation, before [some justice of
the peace] a notary public, that he hath received no part of the sum
mentioned in such obligation, or but such part thereof as shall be
mentioned in such oath, at the time of making such assignment.

6.    Requisites of assignment.

No assignment of wages or salary shall be valid so as to vest in
the assignee any beneficial interest, either at law or in equity, unless
such assignment be in writing, signed by the assignor and acknowl-
edged in person by him or her before a [justice of the peace]
notary public in and for the [city or] county[, as the case may be,]
in which the assignor resides, and entered on the same day upon the
docket
by [said justice of the peace upon his docket] the clerk of
the District Court sitting in that county
; and unless further, within
three days from the execution and acknowledgment of said assign-
ment a true and complete copy thereof, together with the certificates
of its acknowledgment, be served upon the person, firm or corporation
by whom said wages or salary are due or to become due, in the same

 

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Session Laws, 1972
Volume 708, Page 554   View pdf image
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