Montgomery County sentinel., 1962-10-04

law. The court to which such appeal is
taken shall hear the case de novo and
determine the same according to law and
the equity and right of the matter. This
section shall be construed to include all
actions of debt for the collection of fines,
penalties and forfeitures imposed by any
law OF the State or by any ordinance of
any incorporated city or town of the
State, and which are made recoverable
before justice of the peace, in which a
right of appeal may not be given by the
law imposing same; and this section
shall also be construed to include all
causes OF any kind or nature triable be-
fore any justice of the peace.
If an appeal is taken from a convic.
ton imposing hne or other monetary
penalty in criminal case, the trial mag
istrate shall transmit the fine, costs or
other monetary penalty so levied to the
clerk of the circuit court to which said
appeal IS taken. In the event of acquit-
tai or of the levy of a fine (including
costs) by the circuit court in a sum less
than that levied by the magistrate, the
entire fine or the surplus held by the
clerk in excess of the hne levied by the
circuit court as the case may be, shall
be returned to the defendant All fines
levied by the circuit court hereunder shall
be paid by the said clerk to the county
commissioners as provided in this sec
ton. In the event of Dismissal OF an
appeal by the defendant before trial in
the circuit court, the clerk shall pay the
hne, costs, or other monetary penalty so
deposited with him TO the county com.
mssioners as hereinabove provided.
In the event an appeal is taken from
convection for violation of the motor
vehicle laws, the trial magistrate shall
transmit the fine, costs, OF other none
tAry penalty levied in such case to the
clerk of the circuit court to which said
appeal Is taken. In the event of acquit-
tai or of the levy of a fine (including
costs) by the circuit court in sum less
than that levied by the magistrate, the
entire fne or the surplus held by the
clerk in excess Of the fine levied by the
circuit court, as the case may be, shall
be returned to the defendant. Ali fines
levied BY the circuit court for motor We
hicle violations shall be paid by the clerk
OF the circuit court TO the Department of
Motor Vehicles. In the event of the dis
rnissal of an appeal by the defendant be-
fore trial in the circuit court the said
clerk shall pay the fine, costs, or other
monetary penalty so deposited with him
to the Department of Motor Vehicles.
) 81. Justice must enter appeal and
transmit papers; effect of transcript and
docket entries.
Upon the party sisnifying his inten-
tion to appeal by application to the JUS
tce, 1t shall be the duty of the Justice
OF the peace to enter the appeal, with
the date thereof, upon his docket, and TO
transmit the papers in the cause, to-
Rether with transcript Of the docket
entries under his hand and seal, to the
clerk of the circuit court for the Clerk
Of the Baltimore City Court, and said
transcript Of the docket entries shall be
prima facie proof of the proceedings had
and the judgment entered in said cause.
50. Appeals to be docketed and ap-
pellees summoned.
An appeal shall be docketed and the
summons for the appellee shall be issued
BY the clerk Of the circuit court for
Baltimore City Court immediately upon
filing the papers in his office, and no
petition shall be necessary in any case.
IS. Execution stayed by appeal bond;
condition Of Bond.
An appeal from q judgment of a Jus.
tice of the peace shall not s;ay execution
unless an appeal bond in double the sum
recovered, with approved and sufficient
security, be filed with the justice, with
condition that If the party appealing shall
not prosecute his appeal at the next term
Of the circuit court for the county, for
the next term of the Baltimore City
Court,I with effect, and also paw and
satisfy the party in whose behalf the
judgment of the justice shall be given,
his executors, administrators or assigns,
IN case the said judgment shall he affirm.
ed, as well as the debt, damages and
costs adjudged by the justice from whose
Judgment such appeal shall be made, as
also all costs and damages that shall be
awarded by the court before whom such
appeal shall be heard. tried and deter.
mined, then the said bond TO be and re.
main in full force and virtue, otherwise
to be Of no effect.
. 40. Amendments in discretion Of
court
All civil actions and civil proceedings,
including the writ, summons, docket en-
tries and the names of the parties, on
appeal from justice Of the peace before
a circuit court for any county for the
Baltimore City Court, may be amended
so as to bring said action to trial on its
merits in the same manner and to the
same extent as now allowed in cases
originating in courts of law. Amendments
IN any Of the said courts shall be allowed
and made in the discretion Of said court
as il said actions, writs and proceedings
had originated therein.
! 42. Meaning of terms County Com
missioners, I"Cireuit Court'I and Jus
tices Of the Peace"
Whenever the words county commits.
sioners" appear in - 80 to Al, inclusive,
OF this Article, they shall be taken TO in.
clude county council land the mayor
and city council of Baltimore CityI, and
wherever 1.-THE words "circuit COURT an.
pear in these sections, they shall be taken
to include the Criminal Court Of Balti-
more; whereverI the words Justice Of
the peace" appear they shall include
trial magistrates"
SEC. 5. dNd be II further enacted, That
six new sections be and they are hereby
added TO Article Of the Annotated Code
Of Maryland G957 Edition), title "Ap-
peals". said new sections 10 be known
as Sections 45 TO 4s, inclusive, under a
new subtitle 10 he known az Appeal
from Municipal Court of Baltimore City
to Criminal Court Of Baltimore" to fol-
low Immediately after Section " of said
Article, and to read As follows:
APPEAL FROM MUNICIPAL
COURT OF BALTIMORE CITY TO
CRIMINAL COURT OF BALTIMORE
if5. Right Of APPEAL BY dsfeHddst.
4 dSfsnddnt iH criminal or traffic
action IN the Municipal Court Of BALI.
nioyS CITY may dtfsdI to the Criminal
Court Of Baltimore from any conviction
oy Ssrftnes, including SasbsnJion of
license to operate motor Ushicie, i'm.
posed BY the Municipal Court Of Baiti-
more Cts. on such dbptaI the action
aodinn such defsndGnt so APPEALING shall
BE- fyisd de H0vo iH the same manner Gs
If said action had originally been iasii.
tHtsd in tie Criminal Court of Baltimore
but UithoW the mccarthy of byessni,rent
OF indictment BY the Grand Jury. If the
dsfsnddnt so abpsdiiH0 IS coHyictsd ~
said trial de n0zo on appeal the Criminal
Court of Baltimore may IMPOSE any SEN
fenes aEttoyisd By iaw 10 Be imbossd az
bEnishmsnt for the oGSsse OF which
such dSfsNd1nf IS ooHyt1ed, iyFesbeetiys
of the sfHfsscS imboJsd in the Municipal
Court. SAID trial de Hoy0 on APPEAL in
the Criminal Court of Baltimore shall be
BY Jury If dSmsndsd By the dsfsrdSnt.
~. Right Of APPEAL by dtfsnddnt
shsys ss1fsnes saJtsrdsd.
In all criminal or traffic actions whers
ssntenes has BEEN safbsHdsd by the
Municipal Court of Baltimore City, the
dsferddst shall bdvs right 10 dtfkdI
to the CRIMINAL Court Of Baltimore Hn.
der . ~ Of this aytieie IN the same man.
asy as If ssnteaes ov jpdoSitnt had bsen
snteysd ~ sold dett1n.
as. Manner and time OF taking sb.
PEAL
dH dbbSdi pursuant to Z ~ oy 4 ~
Of this article shall be fdken b. fling an
ovdsy for appeal Nth the MsnicibaI
Court Of Baltimore City Withia ten days
after TIE date of the ssntencf from syhich
the APPEAL is taken, eEcIasfve of the day
of sfntsneS. The Chief Clerk of the
Municipal Court of Baltimore City shall
fortbTifh sHdoyss on the commitment the
fact that an 6bbsaI tvSEaat 10 f5 or
: ~ of this article hds bern bydysd and
iCithia ~ hoars DhvsGffsy shall ranSDsit
Ge babyg, including q COPY of the com.
ssitmS,H, a hst of The NAMES and ad.