Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1962-10-04

t641. same-eircuit courts Of eoun-
ties and criminal court of Baltimore
City,
The circuit courts OF the several
counties in this State and the Criminal
Court of Baltimore City, before convic-
ton of any person accused of crime
with the written consent of the person
so accused, including persons appealing
from convictions before trial magistrates
or before the Municipal Court of Balti-
NOR City, whether minor or an adult,
and after conviction or after plea of
guilty or folo contendere, without such
consent. are empowered, during the term
of court in which such consent, convic-
tion or plea is had, to:
"a Suspend the imposition Of SEN
tence; Iandl or
(2) Place such person on probation
without finding a verdict; and
80 Make such conditions of suspen-
sion of sentence and probation as the
court may deem proper.
SEC. 23. And be II further enacted,
That Article 81 of the Annotated Code
of Maryland (1957 EDITION AND
1860 Supplement-, title Justices Of the
Peace, Sections t3(a), u, Is, 1o(D,
n. %, rs, "a, 2o(a), and SO, be and
they are hereby repealed and reenacted,
with amendments, to read as follows:
IS. General provisions.
ta) Jurisdiction and general b0fUsYs.---
The several trial magistrates of the
State of Maryland I(except in the City
of Baltimore)I are hereby vested with,
and shall have hereafter jurisdiction TO
hear, try and determine all cases in
volving the charge Of any ofense, crime
or misdemeanor, not punishable by con-
inement in the penitentiary, as pro-
vided in the particular penal statute de-
fining said offense and not as provided
in zoo of Article n of the Annotated
Code OF Maryland. or involving a
felonious intent, which may be COM
mitted within their respective counties;
aud shall have jurisdiction 10 hear, try
and determine all prosecutions or pro-
ceedings for the recovery of any penalty
for doing or emitting to do any act
within their respective counties, the
doing OF which or the omission TO do
which. is made punishable under the
laws of this State by any pecuniary inc
or penalty, or by Imprisonment in jail
or in the Maryland House of Correc-
ton, as provided in the particular penal
statute defining said offense and not as
provided in 700 of Article q of the
Annotated Code of Maryland. all of
which acts or omissions are hereby de-
clared TO be criminal offenses; and the
said trial magistrates shall have power
to issue all process, and to do all acts
which may be necessary for the exercise
of their said jurisdiction. and may pro-
nounce judgment and sentence in all
such cases coming before them, in the
same manner, and to the same extent as
the circuit courts for said counties
could, if such cases had been tried be-
fore said courts; provided, however,
that the accused, when brought before
any such trial magistrate, or being
informed by him of his right to trial
by jury. freely elects to be tried before
such trial magistrate, and provided,
further, that jury trial be not prayed
in such case on the part Of the State
by the States attorney.
s17. baltimore City and1 Prince
Georges and Charles Counties-suspen-
sion of sentence and costs.
The justices of the peace in and for
baltimore City Except traffic court
magistrafes) and1 Prince Georges and
Charles counties shall have and possess
power to suspend sentence or costs or
both sentence and costs, generally or
for definite time. in any case within
their jurisdiction, provided that such
suspension is made at the trial of the
case and not after judgment is pro-
nounced; and said justices Of the peace
may make such orders and impose such
terms as to costs. recognizance for ap-
pearance, or matters relating TO the
residence or conduct of the convicts as
may be deemed proper; and If the
convict is a minor. said justices of the
peace may also make such orders as to
his detention in any care or custody as
may be deemed proper.
In all cases where sentence or costs or
both sentence and costs have been sus-
pended by said justices of the peace,
the defendant shall have the right to
appeal in the same manner az IL sen
tence or judgment Ihasl had not been
suspended.
SIS. Same--payment Of fines and
costs in installments.
Any provision of law to the contrary
notwithstanding, in any case where a
justice Of the peace in and for IBalti-
trates). andl Prince Georges and
Charles counties has sentenced person
10 pay a fine or costs or both fine and
costs, said justice of the peace shall
have power, in his discretion, to order
that said person pay said hne and/or
costs in installments of such amounts
and at such times and upon such condi-
tons a: said justice Of the peace may
INK. Said justices of the peace may at
any time revise, modify, reduce or en-
large the amount of said installments or
the time and conditions fixed for pay.
ment Of the same Should the defendant
fail TO pay any installment or fail to
comply with any condition imposed as
aforesaid, said justice of the peace may
order said defendant committed to jail
to work out the balance remaining I'm.
paid in accordance with the provisions
of any law authorizing commitment in
default OF payment of fine and Tor costs.
In cases where a justice of the peace
acting pursuant to the authority con-
ferred by this section shall order the
defendant to pay a fne and Tor costs in
installments TO a duly authorized and
responsible city or State agency which
shall undertake to collect and account
for said installments, he shall not be
responsible for the collection Of the same
Inor be required to pay the same over
to the clerk of the Court of Common
Pleas or the treasurer OF the City of
Baltimore or the police commissioner of
baltimore City, as the case may bel, nor
shall his bond be liable for the same.
except to the extent that he or someone
acting under his direction (other than a
worker or other employee Of ISdidl
city or State agency has received any
part OF said fine and/or costs; but said
justice of the peace shall include the
same in the report required to be made
by him Ito the clerk of the Court of
Common Pleas, the treasurer of the City
of Baltimore and the police commits.
stone. sloner q q BALTIMORE City, respectively,
the Public Local Laws of Maryland
Go4o Edition)I, with a notation ON
said report earmarking these fines andl
or costs which have been ordered paid
in installments TO city or State agency,
as aforesaid and specifying the agency
to which said fine and/or costs were
ordered paid.
$40. Same--probation conditions of
suspension or probation; application of
section IN 81 Marv's Couptv
% Conditions Of SUSPENSION or pro-
bdtion.--The justices of the peace in
and for baltimore City andJ Prince
Georges and Charles counties I(except
traffic court magistrates)l, in any case
within their jurisdiction, shall have
power. before conviction Of any person
accused Of crime. with the written con-
sent OF the person so accused. and after
conviction or after plea Of guilty or of
nolo contendere, without such consent,
TO: (a) Suspend that imposition Of
sentence; (b) place such person on pro-
baton before commitment; (e) and in
all such cases above named to make
such written conditions of suspension Of
sentence and probation as said justices
of the peace may deem proper The
provisions Of this section shall also apply
20 81. Mary's County. Provided. how
ever, in st. Mary's County any person
placed on probation shall be under the
supervision of the State Department of
Parole and Probation.
8 p. Warrant for arrest Of person
outside jurisdiction of issuing justice.
II any person against whom warrant
IS issued by a justice of the peace of
the State Of Maryland or by The Ma
nieifdi Coa,t of Baltimore City shall
escape, go into. reside or be in any
place in the State of Maryland out Of
the jurisdiction of the justice oy Judge
granting the warrant. either before or
after. the issuing thereof. any justice
for the county or any Ipoce Justice of
the Civ Of Raitin,ore1 ,.dds ~ vo,J