The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-02-10
NEW PAR7
CONTINUED from page


Jury service in the county wherein
the accused is to be tried upon the
day named in the writ. Said jurors
shall attend for the purpose Of the
trial Of the accused, and the jury
shall be selected in the manner pro-
yided by law. For their services,
the Jurors SO drawn shall be paid the
per diem and mileage out Of the same
funds that the Jurors of the county
wherein the accused is to be tried ara
paid.
Sec. 81. II shall be unlawful for
eny person to bring or carry into the
state, or from one place to another
within the state, even when intended.
for personal use, liquors exceeding in
the aggregate one-half of one gallon
in Quantity. unless there is plainly
Printed or written on the side or top
of the suit case, trunk or other con-
tainer. in large display letters, in the
English language, the contents of
the containers, and the our tity and
kind OF liquors contained therein. II
tny person shall violate this section
he shall be deemed guilty of n,isas-
neanor; and. the liquors in the pos
session of any person violating this
section may be seized, and shall be
conclusive evidence OF the unlawful
keeping, storing and selling OF same
by the person having such LIQUORS In
his possession; and upon the conyic-
ton of such person he shall be sub
1ect to the fines and imprisonments
as provided for in section three.
Section 80. A Justice OF peace
shall have concurrent jurisdiction
with the circuit court and sother
courts having criminal jurisdiction
in his county for the trial OF first
,otfenses arising under this act. Tho
defendant shall be entitled to trial
by jury shall demand the same,
upon depositfng with the Justice the
amount as fixed by law for payment
for attendance Of the jurors. The
state shall halls the same right as
the defendant to peremptorily chai.
lenge any two or the jurors selected
and returned by the officer under the
writ issued by the justice command
ing the summoning Of the same. Upon
conviction of the accused, the JUS
tice shall impose the fines and PEN
alties and required bonds as pro-
vided by this act for first offenses;
and cha! .thereupon certify to the
prosecuting attorney FOR filing in his
Office transcript from his docket
of the judgment in the case. Such
transcript shall be admissible evi-
,dence upon the trial of the accused
for any second offense alleged In
an indictment found and returned
against him. The justice shall also
certify to the prosecuting attorney
copies Of all bonds given by the de-
fendant upon conviction. The state
shall have the same right Of appeal
as the defendant from any Judgment
OF the Justice. Whenever the PROS
ecuting attorney Of the county shall
appear for the state for any prose-
cution for any offense under this act,
there shall be allowed and taxed ali
part OF the costs fee af ssa dor
lars to be, recovered and collected
by the prosecuting attorney in the
same manner as like fees are coll
lected in criminal and other courts
wherein trials are had upon indict-
ments. The provisions OF section
twenty Of this act shall apply to
trials before a Justice OF the peace.
Provided however, that in any pros
ecution before Justice Of che peace.
the prosecuting ATTORNEY. or tho
state commissioner % prohibition or
any OF his deputies shall have the
right. before trial, to elect whether
the case shall be- tried are judg-
rppt entered, or whether the accused
shall be held to the grand Jury; pro
vfded, however. that should the de-
PENDANT desire to confess. then nei-
Their the prosecuting attorney nor the
state conInissio nef 81 prohibition or
any Of his deputies. shall have such
right to elect, and the Justice shall
epfer itIdgnaeilt upon the con esSioisa
ecs 80 NY person eetsed on be-