The midland journal. (Rising Sun, Md.) 1885-1947, 1929-06-14

land (1924 Edition.. title LIZ
censes," subtitle Motor Vehicles"
SUBJ heading enforcement of Motor
Vehicle Laws-Arrest, Bail, Trial
and Appeal" as said section was
amended by Chapter $40 of the Acts
OF 1927, providing for summons in
certain cases instead of taking per-
son arrested Immediately before a
Justice of the Peace, Police Justice
or Justice of the Peace of the
Traffic Court.
SECTION l. Be it enacted By the
General Assembly of Maryland, That
Section 204 of Article Sc of the An
notated Code of Maryland (1924 Edi-
tionD, title Licenses" subtitle
Motor Vehicles" sub-heading En-
Arrest, Bail, Trial and Appeal" as
said section was amended by Chapter
$40 of the Acts of 1927, be and it is
hereby repealed and re-enacted with
to read as follows:
204. In case any person shall be
taken into custody because of viola
tior of any of the provisions of this
subtitle, he shall forthwith be taken
in the counties of this State before the
nearest Justice of the Peace, commit
ting Magistrate or Police Justice of
the county in which the offense is
committed, or if in Baltimore City be-
fore the Justice of the Peace of the
Traffic Court, and be entitled to an
immediate hearing; and if such hear
ing cannot then be had, he shall be
released from custody on giving bond
or undertaking executed by a fidelity
or surety company authorized to give
such bonds in this State, or by per-
son or persons acceptable as security
or securities by said magistrate or
police justice, such bond or undertake
ing to be in amount equal to the maxi
mum amount prescribed as the fine
for such offense, and to be conditioned
for his appearance at the time and
place set for the hearing of the
charges preferred against him, or on
giving his personal undertaking to
appear as aforesaid secured by the de-
post of a sum equal to the maximum
amount prescribed as the fine for such
offense, and in case such bond or I'M
dertaking shall not be given or de-
post made as aforesaid, the provisions
of law in reference to bail in cases of
misdemeanor shall apply. Provided,
however, that if any person arrested
for the violation of any of the pro-
visions of this subtitle or of any pub
lie local law or of any municipal ordi-
nance or police regulation of Balti-
more City, or of any incorporated
town or city in Maryland regulating
traffic, is a resident of the State of
Maryland and a resident of a county
or the City of Baltimore, other than
that in which the arrest is made, or is
a resident of the county or the City of
Baltimore in which the arrest is made,
such person shall have the right to
demand and receive. and it shall be
the duty Of the officer or officers ar
resting such person to inform him of
his right to make such demand and to
comply with such demand if made,
summons requiring him to appear
upon day to be named therein be-
fore said Justice of the Peace, Police
Justice, or if in Baltimore City before
the Justice of the Peace of the Traffic
Court, and the person so arrested shall
signify his willingness to appear be-
fore the Justice of the Peace, Police
Justice, or Justice of the Peace of the
Traffic Court if in Baltimore City,
named in said summons on the day
therein, by endorsing his name
and address on said summons, and
failing so to appear, the said Justice
of the Peace, Police Justice, or Justice
the case may be, before whom said
summons is made returnable, shall
forthwith issue to the Sheriff of the
county or City of Baltimore, as the
case may be, where the person so
resides, a warrant for the
arrest of said person, which warrant
shall be executed in due course by the
Sheriff to whom directed and the per-
son so arrested shall be delivered by
the said Sheriff on the day named
therein for the return of the writ to
the Justice of the Peace, Police JUS
tice or Justice of the Peace of the
Traffic Court issuing said warrant.
All costs and expenses incurred by the
Sheriff in the execution of said war
rant shall be assessed against and COL
lected from the person so arrested by
the Justice of the Peace, Police or
Justice or Justice of the Peace of the
Traffic Court to whom said writ Is re-
and by him RENTED to the
Sheriff who shall have executed said
warrant. But no person shall have
the right to demand and receive
summons as hereinbefore provided in
the following cases:
(a) In case of arrest for violation
of Section 1877 of this Article.
CD In case the operator of said
automobile cannot identify himself to
the officer making the arrest as the
owner or proper custodian of said
either by means of his
operators card or other satisfactory
identification to said officer.
(c) In any case where there is an
accident resulting in personal injuries,
which in the judgment of the officer
making the arrest requires immediate
detention of the operator of said auto
mobile.
In all complaints of the violation of
any of the provisions of this subtitle,
except as provided in Section 206
hereof. the Justice of the Peace, COM
hitting Magistrate or Police Justice
before whom the alleged offender is
taken as aforesaid, shall have jurisdic-
ton to hear and determine such COM
plant and impose the fine or sentence
herein provided, but any person so
convicted of any offense under this
sub-titfe shall have the right to APP
peal from the judgment of such JUS
tlceJof the Peace, committing Magis-
Efate or Police Justice to the Criminal
Court of Baltimore If convicted in
Baltimore City, or court of criminal
of any county in which he
On such appeal shall hear the case de
novo; provided, however, that within
ten days from the date of judgment, a
written order of appeal signed by the
person, or his attorney, be
aled with the Justice of the Peace,
Magistrate or Police JUS
lice, by whom the judgment or sem
-ence has been imposed. Upon appeal
being prayed as aforesaid, it shall be
he duty of the magistrate to endorse
upon the papers appeal prayed" and
the same to the proper court
Is aforesaid. 1t shall not be neces-
sary in such case for the Grand Jury
% find either presentment or indict-
nent nor shall formal pleadings be re-
luired. but the trial of all such cases
On appeal shall be had upon the origi-
nal papers transmitted to said court
BY the Justice of the Peace, commit