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The midland journal. (Rising Sun, Md.) 1885-1947, October 08, 1937, PUBLIC GENERAL LAWS, Image 5

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PUBLIC GENERAL LAWS
The following
Public
General Laws,
enacted by the
1937
General Assembly of
Maryland,
have been selected for
publication by the Gover
nor and Attorney General
of the State, as provided
by Article 76 of the Pub
lic General Laws of Mary
land.
CHAPTER SO
AN ACT to repeal and re-enact, with
amendment*. Section 187BSj
6A of the Annotated Code of Maryland
(1035 Supplement), title ‘ Licenses ,
•nb-tltle "Motor Vehicles”, sub-head
tna “Liability—When Operator and/or
Owner Required to Give Security
For”, providing that discharge in
bankruptcy or under Insolvency pro
ceedings hll nHt relieve the operator
or chanlTeur and/or owner from the
oblluntton to satisfy a judgment for
damaues on account of personal in
juries or to property before having
hi* license renewed or hi* certificate
of registration restored.
Section 1. Be It enacted by the Gen
eral Assembly of Maryland, That Sec
tion 18TB of Article 5 of the Annotated
Code of Maryland (IMB Bjtpptement).
title "Licenses”, sub-title ‘Motor Ve
hicles", snh-headlng “Liability—When
Operator and/or Owner Required to
Give Security For”, be and It Is hereby
repealed and re-enacted, with amend
mi nt*, to read a* follows:
18TB. The operator's and/or chauf
feur's license and all of the registration
certlHcates of any person, In the event
of hi* failure within thirty (30) days
thereafter, to satisfy any Judgment
which shall have become final, by erpt
ratton without appeal of the time within
which appeal might have been perfected
•r by final alfirmancs on appeal, ren-
Aeced aaalnst him by a court of com
petent Jurisdiction in this Ht*t. ” r ,n
any other State or the District of Co
lamhln. er in any District Court of the
United States, or by a court of compe
tent Jurisdiction In any Province of the
Dominion of Canada, for damages on
account of personal injury. Including
death, or damage to property!" el cess
of fifty dollars <mi)o) resulting from
the ownership, maintenance, use or op
eration hereafter of a motor vehicle
shall lie forthwith suspended by the
Commissioner upon receiving s rertlfled
copy or transcript of such final Judg
ment from the court In which the same
was rendered showing such Judgment
or Judgments to have been still unsatis
fied mors thsn thirty (30) days after the
name became final, as aforesaid, anil
shall remain so suspended and shall not
be renewed, nor shall any motor ve
hlclc lie thereafter registered In his
name while any auch Judgment remains
uastayed. unsatisfied and subsisting and
until every sueh Judgment 1* satisfied
or discharged and until the said person
gtran proof of hi* ability to respond la
damages as required In Section 187A
hereof, for future neeident* and dis
charge In bankruptcy or under Insolv
ency proceedings shall not relieve such
person, operator or chauffeur from the
obligation to satisfy such Judgment be
fore having his license renewed or his
.-ertlfiosts of registration restored. It
shall be the duty of the clerk of the
court, or of the conrt where It has no
clerk, ha which any such Judgment Is
rendered, to forward immediately after
the e apt ration of said thirty (30) days,
it aforesaid, upoa reqaeat of Ike Judg
ment creditor, to the Commissioner a
certified copy of s.ieh judgmeot or a
trenaertpt thereof, at aforesaid. In the
scent the defendant Is a non resident.
It shall be tbe duty of tho Commissioner
to transmit to the Commissioner of Mo
tor Vehicles or ntfieer In charge or the
lseu.s e of operators' permits
tm ration cert I test., of ths fitnlo or
Prevmca of which the defendant la a
renldent. • certified copy of the said
Judgment. If after inch proof haa been
given, any other each Judgment shall
ho recovered against auch person for
an accident occurring before such proof
was gtvea. hat after January LI M 3,
each Hceaaa or Ureases and certificate
or certtficataa shall again be and remain
as suspended, aad as other such license
or sect I first* shall ha lasnod to auch
panes white an, such Judgment tn
matas nn.allnfisd and aabsistlag. as
iftfcMid
Provided, bearer*,, anything la thlt
aah lit In la tho contrary astwtthotaad
lag. Hat
(il Whoa fib MO haa bans credited
apaa any Judgment er j a4gne.au rea
dored la eseona of that amount far
pnrsaaal Injury ta ar the death of one
poraoa a* tho molt of nay tM Mel
( Whoa, aahjsat la the Umtt at
far poraoa a 1 Injury ta a* the death of
mm (haa me peraoa a* the reault at
gay ms aeetdeat: a*
Whoa n.M has hens credited
apes aay Jadgmeat ar Jadgmoats la am
rTrT af that amount far damage la
mis' mss e* spiral ton at a sau
te. whirls, than aad la such ureal, saeh
payment se paymtato shall bn daomtd
a satlafaction at sach Jadgmeat at
Judgment# la* the par*M at tale *m-
U^knd* 'provided, that Jadg
thaetoe 1 tba°) u opera
the ceaH*ta'wCdT* Jadgmeat
waa ahtatoed for tho piteMags of pay lag
adfiooto w whieh
iSH-' judgulei' debu.r *l* ta dadaaM
ta payment of aash last aliments the
aL*£sv£Bgs£?!S
PUBLIC GENERAL LAWS
debtor has failed to comply with the
terms of thfe court order.
If any such motor vehicle owner or
operator shall not be a resident of this
State, the privilege of operating any
motor vehicle in this State and the
privilege of operation within the State
of any motor vehicle owned by him
shall he withdrawn while any final
judgment against him as aforesaid,
shall be unstayed, unsatisfied and sub
sisting for more than thirty (30) days,
as aforesaid, and shall not be renewed,
nor shall any operator’s or chauffeur’s
license be Issued to him or any motor
vehicle registered In hls name until
every such judgment shall be stayed,
satisfied or discharged as herein pro
vided, and until sueh person shall have
given proof of hls ability to respond in
damages for future accidents, as re
quired In Section 187A hereof.
Sec. 2. And be It further enacted.
That this Act shall take effect on June
1, 1937.
Approved: May 18, 1937.
CHAPTER 64
AN ACT to repeal and re-enact with
amendments Section 13 of Article 788
of the Annotated Code of Maryland
(1935 Supplement), title “Racing
Commission”, as the same was re
pealed and re-enacted by Chapter 136
of the Acts of the General Assembly
of Maryland at Its Special Session
held in 1930; providing that the Har
ford County Fair Association, Inc.;
the Southern Maryland Agricultural
Fair Association of Prince George’s
County, and the Maryland State Fair
and Agricultural Society of Baltimore
County, may each conduct one race
meet each year for a period of ten
days instead of five days as now al
lowed; providing for minimum pre
miums of Five Thousand Dollars
($5000.00) for agricultural exhibits;
providing for a tax of 1% on all
monies bet on races In excess of Five
Hundred Thousand Dollars ($500,-
000.00), a license fee and tax of 5%
of the net revenue and for tbe alloca
tion of said taxes.
Section 1. Be it enacted by the Gen
eral Assembly of Maryland, That Sec
tion 13 of Article 788 of the Annotated
Code of Maryland (1935 Supplement),
title “Racing Commission”, as the same
was repealed and re-enacted by Chapter
136 of the Acts of the General Assembly
of Maryland, at Its Special Session held
In 3930, be and the same Is hereby re
pealed and re-enacted with amendments
to read as follows:
13. In addition to licensing racing as
hereinbefore provided, the following or
ganizations shall each be licensed by
the Racing Commission to conduct a
race meeting or meetings with betting
privileges, not to exceed ten days for
any one organization in any year, pro
vided such meetings are held in con
nection with or for the benefit of bona
fide County Fairs or Agricultural Ex
hibitions and are held In compliance
with all the provisions of this section—
Agricultural and Mechanical Associa
tion of Washington County; Cumber
land Fair Association, Inc.; Pocomoke
Agricultural Fair Association, Inc.;
Harford County Fair Association, Inc.;
Southern Maryland Agricultural Fair
Association of Prince George’s County*
and Maryland State Fair and Agricul
tural Society of Baltimore County.
Each licensee under the provisions of
this section shall pay to the County
Treasurer of the County In which such
fair or exhibit is held a fee of Fifty
Dollars ($50.00) for each day of said
meeting, to be deposited to the credit
of said County.
Each licensee licensed under the pro
visions of this section must annually
provide and set aside the sum of Five
Thousand Dollars ($5000.00) in pre
miums for bona fide live stock and agri
cultural exhibits. In the event that
any part of the said sum of Five Thou
sand Dollars ($5,000.00) is not claimed
by exhibitors of live stock and agricul
tural exhibits then sueh unexpended
balance shall be paid to the Comptroller
and by him deposited In the same fund
and distributed In the same manner as
provided In the following paragraph.
In addition to all fees, premiums,
taxes or other sums imposed by law,
each licensee under the provisions of
this section shall pay to the Comptroller
within five days after the close of the
last meeting held each season, a tax at
the rate of 1% on all money wagered
on all races during said season above
the sum of Five Hundred Thousand
Dollars ($500,000.00), the intention of
this Act being that all money wagered
up to and Including Five Hundred
Thousand Dollars ($500,000.00) with any
one organization during any one season
shall be exempt from the provisions of
said tax. In addition to all other li
cense fees and taxes hereinbefore or
elsewhere provided for, every such li
censee shall pay to the Commission an
additional license fee or tax of 5% of
the net revenue, as shown in a sworn
statement to be submitted to and ap
proved by the Commission, and for this
purpose, the said Commission shall have
all the powers relative to the produc
tion or auditing of hooks as provided
In Section 11 of this Article. The funds
derived from the above taxes, together
with any amount from unclaimed pre
miums as set forth In the preceding
paragraph, shall be placed in a special
fund by the Comptroller to be used for
the purpose of conducting such com-
Ktitive agricultural exhibitions as may
provided by law, and any balance
remaining unexpended In said special
fund at the end of the fiscal year fol
lowing the one In which It Is collected
shall be transferred by the Comptroller
to the general fund of the State of
Maryland.
All licensee* under this section shall
keep books and accounts of all money
ln‘t and premium* paid, together with
all other receipts and expenditures. Said
books and account* shall be at all times
open to inspection by the representa
tives of the Racing Commission, and to
audit by the State Auditor.
Sec. 2. And be It further enacted,
That this Act Is hereby declared to be
an emergency law and necessary for the
Immediate preservation of the public
health and safety, and having been
poised by a yea and nay vote, sup
ported by three-fifths of all the mem
ber* sleeted to qsch of the two Houses
of the Oeneral Assembly, the name shall
tako effect from the date of its passage.
Approved: March 24, 1087.
CHAPTER 68
AN ACT to repeal and re-enact, with
amendments. Section 103A of Article
M of tbe 1035 Supplement, Annotated
Code of Maryland, title "Licenses”,
sub-title “Motor Vehicles”, requiring
the use of safety glass In motor ve
hicles.
flection 1. Be It enacted by the Gen
eral Assembly of Maryland, That Sec
ties IMA of Article 56 of the 1035 Sup
plement, Annotated Code of Maryland,
title “Licenses”, sub-title “Motor Ve
hicles”, be and the same is hereby re
pealed and rt-ennrtd. with nmendmenta,
ne as to read as follows:
IMA. <U It shall be unlawful after
Jane first, nineteen hundred thirty
•even, to operate on nny highway In
this flute • motor vehicle manufactured
er assembled after said date, designed
or used for tho purpose of carrying
pnnnsngers for hire or •• n school bus,
ualaoo such vehicle be equipped with
anfety glass wherever glass Is used In
•aid motor vehicle In doors, windows,
windshields aad wings.
<*> It shall be unlawful after June
•tit. nineteen hundred thirty-seven, to
operate on nny highway In this flute
nay motor -vehicle manufactured or as
nemfcl*d after sold date and registered
In this flute it a levs each vehicle be
•snipped with safety glass wherever
fin*# I* a sod la aald motor vehicle in
doom, windows, windshields and wings.
•nil! Heim 1 b* died W h| l ****** Jun#
oHI any motor vehicls manufactured or
aoormhM after said date, registered
or ltended to ho rogtsterd la this flute
sad operated or lama dad to be operated
m aay highway la thle State, unless
aaefc vehicls ha equipped with safety
plane wl**ttr glam to used la aald
mats* vehicle ta tears, windows, wtnd
•hlelda and wiaga. sad every sale la
tam a'mpamu*
MIDLAND JOURNAL, RISING SUN, MD.
PUBLIC GENERAL LAWS
replaced with any glass other than
safety glass, it shall be unlawful after
■aid date for the owner of any motor
vehicle to have safety glass, broken or
otherwise, in doors, windows or wings
of said motor vehicle replaced with any
glass other than safety glass and It
shall be unlawful after said date for
any person to Install In tlie doors, win
dows, windshields and wings of any
motor vehicle any glass other than such
glass as Is required by this Bub section
(4).
(5) The Commissioner of Motor
Vehicles shall compile, maintain and
publish a list of types of glass by name
approved by him ns conforming to tbe
specifications and requirements for
safety glass ns hereinafter set forth and
defined in Sub-spetinn (7) of this Sec
tion 193A and shall not register any
motor vehicle which Is subject to the
provisions of this Section 193A unless
sueh motor vehicle Is equipped here
In provided with an approved type of
safety glass and shall suspend the regis
tration of any motor vehicle so subject
to tills Section 193A which the Commis
sioner of Motor Vehicles Rhall find Is
not so equipped until It la made to con
form to the requirements of this Sec
tion 193 A.
(6) The owner and operator of any
motor vehicle operated In violation of
the provisions of Sub-sections (1) and
(2) of this Section 193A, any person
selling any motor vehicle In violation
of the provisions of Sub-section (3) of
this Section 193A, and any person
having glass replaced and any person
installing glass in nny motor vehicle
In violation of the provisions of Sub
section (4) of this Section 193A shall
be guilty of a misdemeanor and upon
conviction shall be punishable by a
fine of Five Dollars ($5) to Fifty Dol
lars (SSO), or by Imprisonment not to
exceed one (1) year, or by both. In
case of the violation of any provision
or provisions of this Section 193A by
any common carrier or person operat
ing under a permit issued by the Pub
lic Service Commission of Maryland,
said permit shall either be revoked, or,
in the discretion of said Commission,
suspended until said provision or pro
visions are compiled with to the satis
faction of said Commission.
(7) The torin “safety” glass, as used
In this Section 193A shall be construed
to mean and include any product com
posed of glass, so manufactured, fabri
cated or treated ns substantially to pre
vent shattering and flying of the glass
when struck or broken. The word “per
son”, as used In this Section 193A, shall
mean and Include natural persons, as
sociations, partnerships and corpora
tions.
Sec. 2. And be It further enacted,
That this Act shall take effect June 1,
1937.
Approved: April 26, 1937.
CHAPTER 123
AN ACT to add six new sections to
Article 27 of the Annotated Code of
Maryland (1935 Supplement), title
“Crimes and Punishments”, sub-title
“Jurisdiction, Procedure and Sen
tence”, sub-title “Jurisdiction”, said
new sections to be known as Sections
5498, 549 C, 549 D, 540E, 549 F and 549 G,
to follow immediately after Section
549A of said Article, to make uniform
the law on fresh pursuit, and author
izing this State to cooperate w’lth
other States therein.
Section 1. Be it enacted by the Gen
eral Assembly of Maryland, That six
new sections be, and the same are
hereby added to Article 27 of the An
notated Code of Maryland (1935 Supple
ment), title “Crimes and Punishments”,
sub-title “Jurisdiction, Procedure and
Sentence”, sub-title “Jurisdiction”, said
new sections to be known as Sections
5498, 549 C, 549 D, 549E, 549 F and 549 G,
to follow immediately after Section 549A
of said Article, so as to read as follows:
5498. Any member of a duly organ
ized State, county or municipal peace
unit of another State of the United
States who enters this State in fresh
pursuit, and continues within this State
In such fresh pursuit, of a person In
order to arrest him on the ground that
he is believed to have committed a fel
ony In sueh other State, shall have the
same authority to arrest and hold such
person In custody, as has any member
of any duly organized State, county or
municipal peace unit of this State, to
arrest and hold in custody a person on
the ground that he Is believed to have
committed a felony In this State.
549 C. If an arrest is made in this
State by an officer of another State in
accordance with the provisions of Sec
tion 5498 of this Act, he shall without
unnecessary delay take the person ar
rested before a Justice of the Peace
of the county or the City of Baltimore,
in which the-arrest was made, who shall
conduct a hearing for the purpose of
determining the lawfulness of the ar
rest. If the Justice of the Peace deter
mines that the arrest was lawful he
shall commit the person arrested to
await for a reasonable time the issu
ance of an extradition warrant by the
Governor of this State. If the Justice
of the Peace determines that the arrest
was unlawful he shall discharge the
person arrested.
549 D. Section 5498 of this Act shall
not be construed so as to make unlawful
any arrest in this State which would
otherwise be lawful.
549E. For the purpose of this Act
the word “State” shall include the Dis
trict of Columbia.
549 F. The term “fresh pursuit” as
used in this Act shall include fresh pur
suit as defined by the common law, and
also the pursuit of a person who has
committed a felony or who is reason
ably suspected of having commltteed a
felony. It shall also include the pur
suit of a person suspected of having
committed a supposed felony, though no
felony has actually been committed, if
there la reasonable ground for believing
that a felony has been committed. Fresh
pursuit as used herein shall not neces
sarily imply instant pursuit, hut pur
suit without unreasonable delay.
549 G. Upon the passage and approval
by the Governor of this Act It shall
be the duty of the Secretary of State
to certify a copy of this Act to the
Executive Department of each of the
States of the United States.
Sec. 2. And be it further enacted,
That If any part of this Act is for any
reason declared void, it is declared to
be the intent of this Act that such in
validity shall not affect the validity of
the remaining portions of this Act.
Sec. 3. And be it further enacted,
That this Act may be cited as the Uni
form Act on Fresh Pursuit.
Sec. 4. And be it further enacted,
That this Act is hereby declared to be
an emergency law, and necessary for the
Immediate preservation of the public
safety, and, being passed upon a yea
and nay vote, supported by three-fifths
of all members elected to each of the
two Houses of the General Assembly,
the same shall take effect from the date
of its passage.
Approved: May 18, 1937.
CHAPTER 125
AN ACT to add a new Section to Arti
cle 41 of the Annotated Code of Mary
land (1935 Supplement), title “Gov
ernor-Executive and Administrative
Departments”, sub-title “Parole Com
missioner”, said new Section to be
known as Section 56, and to follow
Immediately after Section 55 of said
Article, providing that the State of
Maryland may enter into a compact
with any of the United States for mu
tual helpfulness in relation to per
sons convicted of crime or offenses
who may be on probation or parole,
flection 1. Be it enacted by the Gen
eral Assembly of Maryland, That a new
section be, and the same is hereby added
to Article 41 of the Annotated Code of
Maryland (1935 Supplement), title “Gov
ernor—Executive and Administrative
Departments”, sub-title “Parole Com
missioner”, said new Section to be
known as Section 56, to follow imme
diately after Section 55 of said Article,
and to rend as follows:
56. The Governor of this State is
hereby authorized and directed to exe
cute a compact on behalf of the State
of Maryland, with any of the United
States legally joining therein in the
form substantially as follows:
A COMPACT
Kntered Into by and among the con
tracting States, signatories hereto, with
the consent of tbe Congress of the
United States of America, granted by an
Act entitled "An Act Granting the Con-
PUBLIC GENERAL LAWS
sent of Congress to any two or more
States to enter into Agreements or Com*
pacts for Cooperative Effort and Mutual
Assistance In the Prevention of Crime
and for Other Purposes”.
The Contracting States Solemnly Agree:
(1) That 1t shall be competent for the
duly constituted judicial and adminis
trative authorities of a State party to
this compact (herein called “sending
State”), to permit any person convicted
of an offense within such State nnd
placed on probation or released on pa
role to reside in nny other State party
to this compact (herein called “receiv
ing State”), while on probation or pa
role. If
(a) Such person Is In fact a resident
of or has hls family residing within
the receiving State and can obtain em
ployment there;
(b) Though not a resident of the re
ceiving State and not having hls family
residing there, the receiving State con
sents to such person being sent there.
Before granting such permission, op
portunity shall be granted to the re
ceiving State to Investigate the home
and prospective employment of such
person.
A resident of the receiving State,
within the meaning of this section, is
one who has been an actual inhabitant
of such State continuously for more
than one year prior to hls coming to
the sending State and has not resided
within the sending State more than six
continuous months immediately preced
ing the commission of the offense for
which he has been convicted.
(2) That each receiving State will as
sume the duties of visitation of and
supervision over probationers or pa
rolees of any sending State and in the
exercise of those duties will be gov
erned by the same standards that pre
vail for Its own probationers and pa
rolees.
(3) That duly accredited officers of
a sending State may at all times enter
a receiving State and there apprehend
and retake any person on probation or
parole. For that purpose no formalities
will be required other than establishing
the authority of the officer and the iden
ti'y of the person to be retaken. All
legal requirements to obtain extradi
tion of fugitives from justice are hereby
expressly waived on the part of States
party hereto, as to such persons. The
decision of the sending State to retake
a person on probation or parole shall
be conclusive upon and not reviewable
within the receiving State: Provided,
however, that if at the time when a
State seeks to retake a probationer or
parolee there should be pending against
him within the receiving State any
criminal charge, or he should be sus
pected of having committed within sueh
State a criminal offense, he shall not
be retaken without the consent of the
receiving State until discharged from
prosecution or from imprisonment for
such offense.
(4) That the duly accredited officers
of the sending State will be permitted
to transport prisoners being retaken
through any and all States parties to
this compact, without interference.
(5) That the Governor of each State
may designate an officer who, acting
jointly with like officers of other con
tracting States, if and when appointed,
shall promulgate such rules and regula
tions as may be deemed necessary to
more effectively carry out the terms of
this compact.
(6) That this compact shall become
operative immediately upon its execu
tion by any State as between It nnd
any other State or States so executing.
When executed it shall have the full
force and effect of law within such State,
the form of execution to be in accord
ance with the laws of the executing
State.
(7) That this compact shall continue
In force and remain binding upon each
executing State until renounced by it.
The duties and obligations hereunder
of a renouncing State shall continue as
to parolees or probationers residing
therein at the time of withdrawal until
retaken or finally discharged by the
sending State. Renunciation of this
compact shall be by the same authority
which executed it, by sending six
months’ notice in writing of its inten
tion to withdraw from the compact to
the other States party hereto.
Sec. 2. And be it further enacted.
That if any section, sentence, subdi
vision or clause of this Act is for any
reason held invalid or to be unconsti
tutional, such decision shall not affect
the validity of the remaining portions
of this Act.
Sec. 3. And be It further enacted,
That this Act may be cited as tlie Uni
form Act for Out-of-State l’arolee Su
pervision.
Sec. 4. And be it further enacted,
That this Act is hereby declared to be
an emergency law and necessary for
the immediate preservation of the pub
lic safety, and, being passed upon a
yea and nay vote, supported by three
fifths of all members elected to each of
the two Houses of the General Assem
bly, the same shall take effect from the
date of its passage.
Approved: May 18, 1937.
CHAPTER 155
AN ACT to add a new section to Arti
cle 25 of the Annotated Code of Mary
land (1924 Edition), title “County Com
missioners”, sub-title “General Pro
visions”, said new section to be
known as Section 2A, and to follow
immediately after Section 2 of said
Article, authorizing the County Com
missioners of the several counties and
the legislative bodies of the several
Incorporated cities and towns in the
State to establish and/or maintain
reasonable facilities for public recrea
tion.
Section 1. Be It enacted by the Gen
eral Assembly of Maryland, That a new
section be and it is hereby udded to
Article 25 of the Annotated Code of
Maryland (1924 Edition), title “County
Commissioners”, sub-title “General Pro
visions”, said new section to be known
as Section 2A, to follow immediately
after Section 2 of said Article, and to
read as follows:
2A. The County Commissioners of
each County and the legislative body of
each incorporated city or town in the
State shall have full pow’er and author
ity to establish and/or maintain, di
rectly or by contract, reasonable facili
ties for the public recreation.
Sec. 2. And be it further enacted,
That this Act shall take effect June 1,
1937.
Approved: April 15, 1937.
CHAPTER 179
AN ACT to add twenty-seven new Sec
tions to Article 41 of the Annotated
Code of Maryland (1924 Edition), title
“Governor—Executive and Adminis
trative Departments”, sub-title “1.
The Executive Department”, said new
Sections to be known as Sections 13A,
138, 13C, 13D, 13E, 13F, 13G, 13H,
131, 13J, 13K, 13L, 33M, 13N, 130,
13P, 13Q, 13 R, 13S, 13T, 13U, 13V, 13W,
13X, 13Y, 13Z, and 13ZZ, and to follow
immediately after Section 13 of said
Article, to make uniform the proced
ure ou interstate extradition.
Section 1. Be it enacted by the Gen
eral Assembly of Maryland, That twen
ty-seven new Sections be, and the same
are hereby added to Article 41 of the
Annotated Code of Maryland (1924 Edi
tion), title “Governor—Executive and
Administrative Departments”, said new
Sections to be known as Sections 13A,
138, 13C, 13D, 13E, 13F, 13G, 13H, 131,
13J, 13K, 13L, 13M, 13N, 130, 13P, 130,
13R, 13S, 13T, 13U, 13V, 13W, 13X, 13Y, -
13Z and 13ZZ, to follow immediately
after Section 13 of said Article, and to
read as follows:
13A. Definitions. The term “Execu
tive Authority” includes the Governor,
and any person performing the func
tions of Governor in a State other than
this State. The term “State”, referring
to a State other than this State, includes
any other State or territory of the
United States of America.
138. Fugitives from Justice; Duty of
Governor. Subject to the provisions of
this Act, the provisions of the Con
stitution of the United States control
ling, and any and all acts of Congress
enacted in pursuance thereof, it Is the
duty of the Governor of this State to
have arrested and delivered up to the
executive authority of any other State
of the United States any person charged
in that fltate with treason, felony, or
other crime, who has fled from justice
aad !• found in this State.
PUBLIC GENERAL LAWS
13C. Form of Demand. No demand
for the extradition of a person charged
with crime in another State shall be
recognized by the Governor unless in
writing alleging, except in cases aris
ing under Section 13F, that the accused
was present in the demanding State at
the time of the commission of the al
leged crime, and that thereafter he fled
from the State, and accompanied by a
copy of an indictment found or by in
formation supported by affidavit in the
State having jurisdiction of the crime,
or by a copy of an affidavit made be
fore a Justice of the Peace or Magis
trate there, together with a copy of any
warrant which was issued thereupon:
or by a copy of a judgment of convic
tion or of a sentence imposed in execu
tion thereof, together with a statement
by the Executive Authority of the de
manding State that the person claimed
has escaped from confinement or has
broken the terms of his bail, probation
or parole. The indictment, Information,
or affidavit made before the magistrate
or Justice of the Peace must sub
stantially charge the person demanded
with having committed a crime under
the law of that State; and the copy of
indictment, information, affidavit, judg
ment of conviction or sentence must be
authenticated by the Executive Author
ity making the demand.
13D. Governor May Investigate Case.
When a demand shall be made upon the
Governor of this State by the Executive
Authority of another State for the sur
render of a person so charged with
crime, the Governor may call upon the
Attorney General or any prosecuting
officer in this State to Investigate or as
sist in investigating the demand, and
to report to him the situation and cir
cumstances of the person so demanded,
and whether he ought to be surrendered.
13E. Extradition of Persons Im
prisoned or Awaiting Trial In Another
State or Who Have Left the Demand
ing State Under Compulsion. When It
is desired to have returned to this State
a person charged in this State with a
crime, and such person Is imprisoned
or Is held under criminal proceedings
then pending against him in another
State, the Governor of this State may
agree with the Executive Authority of
such other State for the extradition of
such person before the conclusion of
such proceedings or hls term of sentence
in such other State, upon condition that
such person be returned to such other
State at the expense of this State as
soon as the prosecution in this State
is terminated.
The Governor of this State may also
surrender on demand of the Executive
Authority of any other State any per
son in this State who is charged in the
manner provided in Section 13V of this
Act with having violated the laws of
the State whose Executive Authority is
making the demand, even though such
person left the demanding State in
voluntarily.
13F. Extradition of Persons Not
Present in Demanding State at Time
of Commission of Crime. The Governor
of this State may also surrender, on de
mand of the Executive Authority of any
other State, any person in this State
charged in such other State in the man
ner provided in Section 13C with com
mitting an act in this State, or in a
third State, intentionally resulting in
a crime in the State whose Executive
Authority is making the demand, and
the provisions of this Act not otherwise
inconsistent, shall apply to such cases,
even though the accused was not in
that State at the time of the commis
sion of the crime, and has not fled
therefrom.
13G. Issue of Governor’s Warrant of
Arrest: Its Recitals. If the Governor
decides that the demand should be com
plied with, he shall sign a warrant of
arrest, which shall be sealed with the
State seal, and be directed to any peace
officer or other person whom he may
think fit to entrust with the execution
thereof. The warrant must substan
tially recite the facts necessary to the
validity of its issuance.
13H. Manner and Place of Execu
tion. Such warrant shall authorize the
peace officer or other person to whom
directed to arrest the accused at any
time and any place where he may be
found within the State and to command
the aid of all peace officers or other
persons in the execution of the warrant,
and to deliver the accused, subject to
the provisions of this Act to the duly
authorized agent of the demanding
State.
131. Authority of Arresting Officer.
Every such peace officer or other per
son empowered to make the arrest, shall
have the same authority, in arresting
the accused, to command assistance
therein, as peace officers have by law
in the execution of any criminal proc
ess directed to them, with like penal
ties against those who refuse their as
sistance.
13J. Rights of Accused Person: Ap
plication for Writ of Habeas Corpus.
No person arrested upon such warrant
shall be delivered over to the agent
w'hom the Executive Authority demand
ing him shall have appointed to receive
him unless he shall be first taken forth
with before a judge of a court of rec
ord in this State, who shall inform him
of the demand made for hls surrender
and of the crime with which he is
charged, and that he has the right to
demand and procure legal counsel; and
If the prisoner or his counsel shall
state that he or they desire to test the
legality of hls arrest, the Judge of such
court of record shall fix a reasonable
time to be allowed him within which
to apply for a writ of habeas corpus.
When such writ is applied for, notice
thereof, and of the time and place of
hearing thereon, shall be given to the
prosecuting officer of the county or the
City of Baltimore In which the arrest
is made and In which the accused is in
custody, and to the said agent of the
demanding fltate.
13K. Penalty for Non-Compliance
with Preceding Section. Any officer who
shall deliver to the agent for extradi
tion of the demanding fltate a person
in his custody under the Governor’s
warrant. In wilful disobedience to the
last section, shall be guilty of a misde
meanor and, on conviction, shall be
subject to a fine of not more than
$1,000.00, or be Imprisoned not more
than six months, or both, the trial of
said case to be conducted in the Cir
cuit Court of the County, or in the
Criminal Court of Baltimore City, wher
ever the offense shall have been com
mitted.
13L. Confinement in Jail When Nec
essary. The officer or persons executing
the Governor’s warrant of arrest, or
the agent of the demanding Btate to
whom the prisoner may have been de
livered, may, when necessary, confine
tbe prisoner in the jail of any county
or city through which he may past;
and the keeper of such jail must receive
and safely keep the prisoner until the
officer or person having charge of him
is ready to proceed on hls route, such
officer or person being chargeable with
the expense of keeping.
The officer or agent of a demanding
State to whom a prisoner may have been
delivered following extradition pro
ceedings In another State, or to whom a
prisoner may have been delivered after
waiving extradition in sach other State,
and who is passing through this State
with such a prisoner for the purpose
of immediately returning such prisoner
to the demanding State may, when nec
essary, confine the prisoner in the Jail
of any county or city through which he
may pass; and the keeper of such jail
must receive and safely keep the pris
oner until the officer or agent having
charge of him Is ready to proceed on his
route, such officer or agent, however,
being chargeable with the expense of
keeping; provided, however, that such
officer or agent shall produce and show
to the keeper of such jail satisfactory
written evidence of the fact that he la
actually transporting auch prisoner to
the demanding fltate after a requisi
tion by the Executive Authority of auch
demanding Btate. Such prisoner shall
not be entitled to demand a new requi
sition while In this State.
13M. Arrest Prior to Requisition.
Whenever nny person within this fltate
shall be charged on tbe oath of any
credible person before any Judge or
Justice of the Peace of this State with
tbe Commission of any crime in any
other State and* except in eases arising
under flection 13F, with having fled
from justice, or with having beta con
victed of a crime in that fltate nnd hat*
m, ./ : i. 1
PUBLIC GENERAL LAWS
lug escaped from confinement, or hav*
Ing broken the terms of his bail, pro
bation or parole, or whenever complaint
shall have been made before nny Judge
or Jifstice of the Peace in this State
setting forth on the affidavit of any
credible person in another fltate that
a crime has been committed In such
other fltate and that the accused has
been charged in such fltate with the
commission of the crime, and, except
in cases arising under Section 13F, has
fled front justice, or with having been
convicted of a crime In that State and
having escaped from confinement, or
having broken the terms of hls bail,
probation or parole, and is believed to
be In this State, the judge or Justice
of the Peace shall Issue a warrant di
rected to any peace officer commending
him to apprehend the person named
therein, wherever ho may he found in
tills fltate, and to bring him before the
same or any other judge, Justice of the
Peace or court who or which may be
available in or convenient of access to
the place where the arrest may be
made, to answer the charge or complaint
and affidavit, and a certified copy of
the Rworn charge or cornplnlnt and affi
davit upon which the warrent Is issued
shall be attached to the warrant.
1.3 N. Commitment to Await Requisi
tion; Bail. If from the examination be
fore the judge or Justice of the Peace
It appears that the person held is tbe
person charged with having committed
the crime alleged and, except In cases
arising under flection 13F, that he has
fled from justice, the judge or Justice
of the Peace must, by a warrant recit
ing the accusation, commit him to the
county jail for such a time not exceed
ing thirty days and specified in the
warrant, as will enable the arrest of the
accused to he made under a warrant of
the Governor on a requisition of the
Executive Authority of the fltate having
jurisdiction of the offense, unless the
accused give hail as provided In the
next section, or until he shall be legally
discharged.
1.30. Ball; in What Cases; Conditions
of Bond. Unless the offense with which
the prisoner is charged is shown to be
an offense punishable by death or life
imprisonment under the laws of the
State In which It whs committed, a
judge or Justice of the Peace In this
State may admit the person arrested to
bail by bond, with sufficient sureties,
and in sueh sum as lie deems proper,
conditioned for Ills appearance before
him at a time specified In such bond,
and for hls surrender, to lie arrested
upon the warrant of the Governor of
this State.
13P. Extension of Time of Commit
ment., Adjournment. If the accused la
not arrested under warrant of the Gov
ernor by the expiration of the time
specified in the warrant or bond, a
judge or Justice of the Peace may dis
charge him or may recommit him for a
further period not to exceed sixty days,
or a judge or Justice of the Peace may
again take pail for Ills appearance and
surrender, as provided in flection 1.30,
but within a period not to exceed sixty
days after the date of such new bond.
13Q. Forfeiture of Bail. If the pris
oner is admitted to bail, and falls to
appear and surrender himself according
to the conditions of Ills bond, the judge
or Justice of the Peace by proper order,
shall declare the bond forfeited and or
der his immediate arrest without war
rant if he be within this State. Recov
ery may be had on such bond in the
name of the State as In the case of
other bonds given by the accused in
criminal proceedings within this fltate.
1.3 R. Persons Under Criminal Prose
cution In This State at Time of Requisi
tion. If a criminal prosecution has been
Instituted against such person under
the laws of this State and is still pend
ing, the Governor, In his discretion,
either may surrender him on demand
of the Executive Authority of another
State or hold him until he has been
tried and discharged or convicted and
punished In this State.
13S. Guilt or Innocence of Accused,
When Inquired Into. The guilt or In
nocence of the accused as to the crime
of which he Is charged may not be in
quired into by the Governor or in any
proceeding after the demand for extra
dition accompanied by a charge of crime
in legal form as above provided shall
have been presented to the Governor,
except a* it may be involved in identi
fying the person held as the person
charged with the crime.
13T. Governor May Recall Warrant.
The Governor may recall his warrant
of arrest or may issue another warrant
whenever he deems proper.
13U. Fugitives from This State; Duty
of Governor. Whenever the Governor
of this State shall demand a person
charged with crime or with escaping
from confinement or breaking the terms
of hls bail, probation or parole in this
State, from the Executive Authority of
any other State, or from the chief jus
tice or an associate justice of the Su
preme Court of the District of Colum
bia authorized to receive such demand
under the laws of the United States, he
shall Issue a warrant under the seal of
this State, to some agent, commanding
him to receive the person so charged
if delivered to him and convey him to
the proper officer of the county in this
State or the City of Baltimore, in which
the offense was committed.
13V. Application for Issuance of
Requisition; by Whom Made; Contents.
I. When the return to this State of a
person charged with crime In this fltate
is required, the State’s Attorney of the
County or the City of Baltimore, as the
case may be, shall present to the Gov
ernor hls written application for a
requisition for the return of the person
charged, in which application shall be
stated the name of the person so
charged, the crime charged against him,
the approximate time, place and circum
stances of its commission, the State lit
which he is believed to be, including the
location of the accused therein, at the
time the application is made and cer
tifying that, in the opinion of the said
presecuting attorneys the ends of Jus
tice require the arrest and return of the
accused to this State for trial and that
the proceeding is not instituted to en
force a private claim.
11. When the return to this State la
required of a person who has been con
victed of a crime in this State and baa
escaped from confinement or broken the
terms of his bail, probation or parole,
the State’s Attorney of the connty or
the City of Baltimore, in which the of
fense was committed, the parole com
mission, or the warden of the institu
tion or sheriff of the county, from
which escape was made, shall present
to the Governor a written application
for a requisition for the return of such
person, in which application shall be
stated the name of the person, the crime
of which he was convicted, the circum
stances of his escape from confinement
or of the breach of the terms of his
bail, probation or parole, the State in
which he Is believed to be, including
the location of the person therein at tho
time application la made.
111. The application shall be verified
by affidavit, shall be executed in dupli
cate and shall be accompanied by two
certified copies of the indictment re
turned. or information and affidavit filed,
or of the complaint made to the judge
or Justice of the Peace, stating the
offense with which the accused is
charged, or of the judgment of convic
tion or of the sentence. The prosecut
ing officer, parole board, warden or
sheriff may also attach such further
affidavits and other documents In du
plicate as he shall deem proper to be
submitted with such application. One
copy of the application, with the ac
tion of the Governor indicated by en
dorsement thereon, and one of the cer
tified copies of the indictment, com
plaint, information, and affidavits, or of
the judgment of conviction or of the
sentence shall be filed in the office of
the Secretary of flute, to remain of
record in that office. The other copies
of all papers shall be forwarded with
the Governor's requisition.
13W. Immunity from Service of
Process in Certain Civil Actions. A
person brought into this Btate by, or
after waiver of, extradition based on a
criminal charge shall not be subject to
•ervtco of personal process in civil ac
tions arising out of the same facts as
tho criminal proceedings to answer
which he is being or ban been re
turned. until ho has been convicted in
proceeding, or. if acquitted
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