The Republican., 1962-10-04


,.;tb v;oiation ~ srv mo,or veL;cis
Iaw The court 10 which such apneaI ;s
taken shall hear fhe case dc ,1nvo and
determine tbe same according IN law and
the equity and right of the matter, This
section shall he Construed IN include ali
artions of debt for the coIlert;ou of fues
penalties and forfeitures imposed Inv anv
law of the State mr. NV any ordinance of
any INCORPORATED city or town of the
State. and which are made recoverablr
before Justice of the peace, in which
right of appeal may moi he given NV the
law imposing same: and This section
shall also be construed TO include ali
causes of any kind or nature triable he
fore anv Justice of the peace
If an appeal is taken from a convic-
tion imposing a fine or other monetarv
penalty in a criminal case the trial mag
istrate shall transmit the fine. costs or
other monetary penalty so levied IN ,he
clerk of the circuit court 10 which said
appeal is taken. In the event of acouit-
tai or of the levy of n fine Cnrludiug
costs) by the circuit court in sum less
than that levied by the magistrate. the
entire fine or the surplus held bv the
clerk in excess of the fine levied by tbe
circuit court, as the case NAV 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 a dismissal of an
appeal bv the defendant before trial in
the circuit court, the clerk shall nav the
fine, costs, or other monetary penalty so
deposited with him to the county com.
missioners as hereinabove provided
In the event an appeal is taken from a
conviction for a violation of the motor
vehicle laws, the trial magistrate shall
transmit the fine, costs, or other none
tary penalty levied in such case TO The
clerk of the circuit court 10 which said
tai or of the levy of fine Gncluding
costs) by the circuit court in a sim 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 NAV he sbaII
be returned to the defendant. All fnes
levied bv the Circuit court for motor We.
hicle violations shall be paid by tbe clerk
of the circuit court TO the Deuartmrnt of
Motor Vehicles In the event of the dis.
missal of an appeal bv the defendant he
fore trial in The circuit court tbr s,;d
clerk shall paw the fine. costs. or other
monetary penalty so deposited with him
to the Department of Motor Vehicles
s32. Justice must enter appeal and
transmit papers; effect of transcript and
docket entries.
Upon the party signifying his inten.
tion to appeal by application to the ms
tice, it shall be the duty of the iustice
of The peace to enter the anneal with
the date thereof upon his docket, and to
transmit the papers in the cause. 70.
pefher with , transrrip- NJ The docLet
entries under his hand and seal IN the
clerk of the circuit court Tor the CIerk
of the Baltimore City CourtI. and said
transcript of the docket entries shall he
prima facie proof of the proceed;ngs had
and the iudrment entered in sa;d c.,,se
s33. Appeals IN he dockrted and an.
pellees summoned.
An appeal shall he docketed and ,he
summons for the appelIee shall he issued
bv the clerk of the circuit court Tor
Baltimore CITY CourtI Immediately upon
filing the paDers in his office. and no
petition shall he necessary in anv casc
s36. Execution STAYED bv anneai bond:
condition of Bond
An appeal from A Judgment of a ;us.
tice of The peace shall NOT s,av rxecution
unless an apueal bond il, double fine sim
recovered. with approved and sufficient
security. be filed with the iustire with
condition that if the party appealing shall
not prosecute his appeal at the nexf term
of the circuit corrt for tbe county Tor
the next term of the Baltimore civ
Courtl with effect. and also nav and
satisfy the marty in whose behaif The
Judgment of the iustice shall he given.
his executors. administrators or assigns
in case the said Judgment shall he affirm,
ed, as we'll as the debt. damages and
costs adjudeed BY the Justice from whose
Judgment such appeal shall he made, as
also all costs and damages that shaIi he
awarded by the court before whom such
appeal shall be heard. tried and deter
mined. then the said bond 10 he 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 pearc before
a circuit court for anv county Tor the
So as to bring said action G 10 T trial oruI on ;ti
merits in the same manner and TO the
same extent az 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 if said actions. writs and proceedings
had originated therein
AZ. Meaning of terms County Com
missioners." I"Circuit Court"I and .'Tus.
tices of the Peace"
Whenever the words "countv commits.
sioners' appear in IS 30 10 d inclusive.
of this Article. thew shall he taken IN in.
clude a county council land the mayor
and city council of Baltimore CityI and
wherever 1.-THE words ''circuit court'i an
pear in these sections. thcy shall be taken
to include the Criminal Court Of Ral,i
more: wbereverI the words t.;ust;ce nf
the peace" appear they shall include
trial magistrates"
SEC. 5. And be- il further enacted That
six new sections he and tbev are hereby
added to Article s of the Animated Code
of MARYLAND Uo57 Fd;tionl. t;tle "An-
peals". said new sections TO be known
as Sections 45 to az. inclusive. Under
new subtitle 10 he known as "AnueaI
from Nunicipal Court Of Baltimore f'itv
TO Criminal Court Of Baltimore to fol.
low Immediately after Section ~ of said
Article, and IN read as follows.
dPPE4I FPOu MIrNICTp4T
COTPT or RAJ TTNOPE cry TO
CRT1fTNdT COTfRT or RAJ T'jlfOPE
s43 Ri0ht of abbeai by defendant.
4 defendant in a criminal or traffic
oct;ou in The MnuicibaI Con,t nj BaT;.
,uoys civ uoy obbcaI ,o tbe Criminal
Court Of Baitin,o,e from any cou7,;ft;o,,
., seuteurr. imcltdino snrbSut;ou Of n
license to obs,ots n motor 7.ehjrle I'M
ho5ed bv tbs Auu;1;bof Cou,t Of BoD;-
,noys Citv On fucb obteaI tbe ort;ou
oooiut tnch 6efendout 60 obbcoJ;uo ebou
6s t,;cd dc po-,o in tbe eon,r ,,ourcy nc
Il said octiou had o,i1iuoUv ben ;ust;.
tn,sd !, tLe Criminal Gom,t of Bot;mo,s
b,,t ,,;thout tbe ,erret;tv of b,rteytn,c,t
n, ;yd;ctmr,t by tbe Grand yn,v n Tho
defeudout so 6bbeoI;u1 ;5 couy,j.trd i,
to;d t,;oI ds ,oI,d on ntbeol thr CRIMINAL
So,,t Of RoJ,;n,o,s nav ;,,bots onv ssu.
SC'F " t'''U'e '''N' '"t IN'e N''S