The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1906-05-12

AN ACT to repeal and re-enact with
amendments Section 70, of Article So,
of the Code of Public General Laws,
of 1904, title. Justice of the Peace"
sub title, Criminal Jurisdiction"
and to re-enact the same with
amendments.
Section l. Be it enacted by the Cen
eral Assembly of Maryland. That Sec
ton II, of Article 3d. of the Code Of
Public General Laws of 1904, title,
Justice of the Peace" subtitle,
Criminal Jurisdiction" be and the
same is hereby repealed and re-enacted
with amendments, so as to read as
follows:
Section 12 The several Justices of
the Peace of the State of Maryland,
Except in the City of Baltimore. and
Frederick Counties). are hereby in
vested with, and shall have hereafter
jurisdiction to hear try and determine
all cases involving the charge of any
offence, crime or misdemeanor, not
i'sasai@hshle h:z-nan inement in the peni-
tertiary or involving a feloniouS in
tent. which may be committed wIrn1u
their respective counties; and shall
have jurisdiction to hear, try and de-
termine all prosecutions or proceedings
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 fine or
penalty, or by Imprisonment in Jail or
in the Maryland House of Correction,
all of which acts or omissions are here
by declared to be criminal offences:
and the said justices shall have power
to issue all process and to do all acts
which may be necessary for the exer-
else of their said jurisdiction. and may
pronounce judgment and sentence in
all such cases coming before them, in
the same manner. and to the same ex-
tent as the Circuit Court for said coun-
ties could, If such cases had been tried
before said Courts; provided however.
that the accused when brought before
any such justice. on being informed
by him of his right to trial by jury.
freely elects to be tried before such
justice, and provided further. that a
jury trial be not prayed in such case
on the part of the State by the States
Attorney. If after a trial before the
justice either party shall feel aggrieved
by his judgment there shall be a right
of appeal within ten days to the Circuit
Court for the County in which the
alleged offence is charged to have been
committed, and in all cases where a
jury trial is prayed by the State. or
the accused elects to be tried by jury,
or appeals from the Judgment of the
justice. the justice shall take from the
accused his recognizance with suffi-
cient surety conditioned for his per-
sonrl appearance to answer said charge
at the then session Of there be a SEES
sion) of the Circuit Court of their re-
spectiVe counties. or the next session
of said Court, if it be not then in SEES
sion: and in default of the accused
entering into such recognizance the
Justice shall commit him to Jail for
his appearance at such Court to an
swer such charge and shall at once
return the recognizance If there be
one. and all papers and proceedings
in such case. including a copy of his
judgment lin appeal cases. together
with the name and residence of the
witnesses for the prosecution to the
Clerk of said Court who shall place
such case on the appeal docket Of said
Court and issue subpoenas for the wit
resses named by the justice. and the
case shall be then tried in said Court
on the information or warrant. When
an appeal shall be taken bv the ac-
cused after the execution of sentence
has hegun. by confinement in Jail or
tho MARYLAND House of Correction. the
Justice on sufficient surety being given
for the acCused's appearance at Court
rs hereinbefore required shall at once
transmit an order reciting this fact
to the officer In whose custody he may
he and directing his discharge. and in
default of such surety being given.
the Justice shall send a commitment
to the sheriff of the County command
ing him to receive the prisoner and
hold him for his appearance at Court
to answer said charge; and on the
presentation of q cnny of such COM
mitment by the sheriff to the officer in
whose CUSTODY the prisoner may be.
such officer shall at once deliver the
prisoner to the sheriff: and it shall be
the duty of the sheriffS OF the several
counties of this State upon receipt of
such commitment to forthwith obtain
such prisoner if he be not in his Gus
todv.
Section Q And be it enacted. That
this Act shall take effect from the date
of its passage
Approved April 8. 1906.
EDWIN WAKEFIELD.
Governor.
JOSEPH B. SETH.
President of Senate.
CARVILLE D. BENSON.
Sneaker of House of Delegates