The citizen. (Frederick City, Md.) 1895-1923, 1906-05-04
LCIIAPTER A-Il

~ i-hA / LII Et'ssi
AN ACT to repeal and re-enact with
amendments Section -. of Article 81.
OF the Code of Public General Laws
of 1904. title. Justice of the Peace"
subtitle. Criminal Jurisdiction. 3"
and to rc-enact the same with
amendments.
Section /. BE it enacted by the Cen
eral Assembly of Maryland That Sec
ton II. of Article 81 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same is hereby repealed and re-enacted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 u. The several Justices of
the Peace of the State of Maryland
EXCEPT in the City of Baltimore. and
in Talbot. Hartford. Montgomery and
Frederick Countless. are hereby in
vested with. and shall have hereafter
jurisdiction to hear, try and determine
an cases involving the charge of any
offence. crime or misdemeanor. not
punishable by confinement in the peni-
tertiary or involving . felOnous in
tent. which may be committed within
their respective counties: and shall
nave jurisdiction to hear. try and de-
termtne all prosecutions or proceedings
for the recovery of any penalty for
doing or emitting to do any act within
thei" 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 he 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
al such cases coming before them. i'm
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 richt to trial by Jury
freely elects to he tried before such
Justice and pro- ed further. that
Jury, trial be no PRAYED in such case
on the part of T. State by the State
Attorney. If after a trial before the
justice either party shall feel aggrieved
bv his Judgment there shall be 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
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 recoguizance with sufi-
cient surety conditioned for his per
SOprl appearance to answer said charge
al the then session Gf there be a SEES
sionl of the Circuit Court of their re-
Spcctive counties. or the next session
Of said Court. if il he not then in ses-
sion: and in default Of the accused
entering into such racogniZance 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
M al prnpnpliuoC
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 cid
Court and issue suhpoenas for the wit
nesSes 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 begun by confinement in jail or
the Maryland House of Correction. the
Justice on sufficient surety being given
for the accused's apnearance at Court
rs herenbefore 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 ehall send commitment
to the sheriff of the County command
ing MN 10 receive luf pIiStuSi anu
hold him for his appearance at Court
to answer said charge: and on the
nresentation of = co"v of such com
r1itment nv the sheriff to the officer in
whose CUSTODY the prisoner may he:
such officer shall At once deliver the
nrisoner 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
tow.
Section O. And be it enacted That
this Act shall take effect from the date
OF its passage.
Approved April 3. 1906.
EDWIN WAKEFIELD.
Governor.
JOSEPH &. SETH,
President of Senate.
II roI,ArcON