156 LAWS OF MARYLAND [CH. 43

vidual shall state that he is a defective delinquent, the court shall
summon the individual before it for hearing, and may in its discre-
tion summon other witnesses and secure further evidence. Upon
the application of the State, or of the defendant for a jury trial, or
upon its own motion, the court shall empanel a jury of twelve per-
sons to be selected by the court from the jurors then in attendance
upon said court; or if the court is in recess, the jurors shall be
selected from those in attendance at the term of court at which said
petition is heard. The court shall direct such jury after hearing to
find specially, by its verdict, whether the defendant is a defective
delinquent as defined in Section 5. In the absence of request for
finding by a jury, the court may make such determination sitting as
judge and jury. The defendant when summoned for hearing shall
be given a copy of the report of the institution; he shall be repre-
sented by counsel of his own choice, or if he makes no choice, by
competent counsel appointed by the court, and shall be given full op-
portunity to summon witnesses to and present evidence at the said
hearing. Counsel appointed herein by the court may also represent
the defendant in prosecuting an application for leave to appeal and
in appealing as provided in Section 11 of this article.

11.

From any court order issued under the provisions of Section 9, or
of Section 10, [there shall be the same right of appeal to the Court
of Appeals as in other civil proceedings. ] within thirty (SO) days
after the passage of the order, application may be made to the Court
of Appeals for leave to appeal from the order. The application for
leave to appeal shall be in such form as the Court of Appeals may,
by its rules, prescribe. If the Attorney General or the State's At-
torney shall state an intention to file an application for leave to ap-
peal, the order may be stayed. If the application for leave to appeal
is granted, the procedure for appeal shall conform with the rules
of the Court of Appeals. On appeal, the Court may affirm, reverse
or modify the order appealed, or it may remand the case for further
proceedings. If the application for leave to appeal is denied, the
order sought to be reviewed shall become final to the same extent and
with the same effect as if the order had been affirmed on appeal.

11A.

Whenever a defendant desires to file an application for leave to
appeal in order to appeal as provided in Section 11, and is unable
by reason of poverty to pay the cost of the application and of appeal,
he may file, with the court making the order from which appeal is
sought, a petition under oath alleging the fact of his poverty and
his inability to defray the expense of making application and of
appealing. The court upon being satisfied of the defendant's pov-
erty shall sign an order directing that all costs, including but not
limited to, all court costs, the cost of preparing the transcript of
testimony, the cost of preparing and transmitting the record, and
the cost of the briefs, appendices and printed record extract nec-
essary in connection with the appeal shall be paid by the political
sub-division from which the appeal is taken and that the record shall
be transmitted to the Court of Appeals at the expense of the politi-
cal sub-division. A copy of the order shall be included in the record
transmitted to the Court of Appeals and the payment of all filing
fees to the clerk of the Court of Appeals in connection with the ap-