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Session Laws, 1973, Special Session
Volume 710, Page 210   View pdf image
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210                                             LAWS OF MARYLAND                                [Ch. 2

crime infamous 'which would not otherwise
have been infamous'".

Subsection (c) is new language derived from
Art. 57, §12. The section presently
applies to Blasphemy which was recently
declared unconstitutional as violating the
First Amendment. See State v. West, 9 Md.
App. 270 (1970). The "one month" period is
changed to "30 days" to insure that persons
who drink in January are treated the same
as those who drink in February.

SEC. 5-107. FINES, PENALTIES, AND FORFEITURES.

A PROSECUTION OR SUIT FOR A FINE, PENALTY, OR
FORFEITURE SHALL BE INSTITUTED WITHIN ONE YEAR AFTER
THE OFFENSE WAS COMMITTED.

REVISOR'S NOTE: This section is new language
derived from the quasi—criminal portion of
Art. 57, §11. It is separated from the
misdemeanor provisions to avoid having one
section deal with both criminal and
non-criminal subjects.

This section applies to "fines, penalties,
and forfeitures" for violations of the code
not expressly made criminal.

SEC. 5-108. INJURY TO PERSON OR PROPERTY OCCURRING 20
YEARS AFTER COMPLETION OF IMPROVEMENT TO REALTY NOT
ACTIONABLE; EXCEPTION.

(A)   INJURY RESULTING FROM IMPROVEMENT TO REALTY.

EXCEPT AS PROVIDED BY THIS SECTION, NO CAUSE OF
ACTION FOR DAMAGES ACCRUES AND A PERSON MAY NOT SEEK
CONTRIBUTION OR INDEMNITY FOR DAMAGES INCURRED WHEN
WRONGFUL DEATH, PERSONAL INJURY, OR INJURY TO REAL OR
PERSONAL PROPERTY RESULTING FROM THE DEFECTIVE AND
UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY
OCCURS MORE THAN 20 YEARS AFTER THE DATE THE ENTIRE
IMPROVEMENT FIRST BECOMES AVAILABLE FOR ITS INTENDED
USE.

(B)   EXCEPTION.

THIS SECTION DOES NOT APPLY IF THE DEFENDANT WAS
IN ACTUAL POSSESSION AND CONTROL OF THE PROPERTY AS
OWNER, TENANT, OR OTHERWISE WHEN THE INJURY OCCURRED.

 

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Session Laws, 1973, Special Session
Volume 710, Page 210   View pdf image
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