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Ch. 13
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294
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LAWS OF MARYLAND
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The phrase "{e}xcept as otherwise provided..."
is added for clarity; see, e.g., §6—211 of
this title.
The present minimum penalty of $50 is deleted
to conform to the statement of legislative
policy contained in Art. 27, §643 of the Code.
That section sets forth the general rule that,
notwithstanding a prescribed minimus penalty,
the court nevertheless may impose a lesser
penalty of the same character. Although there
are exceptions to the general rule, they would
not appear to be at all controlling in this
instance. See, e.g., Art. 27, §36B(e); State
ex rel Sonner v. Shearin, 272 Md. 502 (1974).
The only other changes are in style.
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GENERAL REVISOR'S NOTE:
in revising this title, the Commission to Revise the
Annotated Code deleted as obsolete or otherwise
unnecessary the following related provisions, in addition
to those noted in the revisor's notes to various sections
of this title.
(1) Art. 41, §207C(b) and (e). These
provisions abolished the former Maryland Port Authority
and the offices of Secretary-Treasurer and Executive
Director and transferred all their powers, duties, and
employees to the Administration. That transfer took
effect as of July 1, 1971, and the underlying statutory
provisions no longer are necessary. In this regard, see,
also, §6—213 of this title.
(2) Art. 62B, §5(c) and (e). These
provisions, which grant the Administration the power to
"adopt an official seal" and "to maintain offices", are
deleted as obsolete since they more properly related only
to and were necessary only for the predecessor to the
Administration, the former Maryland Port Authority.
(3) Art. 62B, §6(g). This section, which
provides that the power of the Administration to acquire
property is not an exclusive one, is deleted as an
unnecessary statement of the obvious.
(4) Art. 62B, §25. This section, which
provides for the severability of the provisions of
present Art. 62B, is unnecessary in light of Art. 1, §23
of the Code.
All former powers of the Administration to borrow
money were transferred, effective July 1, 1970, to the
Department and, as to revenue bonds, to the Maryland
Transportation Authority (cf., Section 1 of Ch. 608, Acts
of 1976). Accordingly, as further discussed in the
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![clear space](../../../images/clear.gif) |