The Republican., 1962-10-04

place Wlthin tniS STATE, ndVinB tHe name
or initials of the owner, dealer or
shipper stamped, marked or fastened on
such cans, or wilfully change by re-
marking or otherwise said name or
initials of any such owner, dealer or
shipper so stamped, marked or fastened
upon such cans; nor shall any person,
without the consent of the owner, use
such cans for any other purpose than
for milk or cream; nor shall any person
or persons, without the consent OF the
owner, place in any such cans any sub
stance or product other than milk or
cream. Any person who, shall violate
any of the provisions of this section
shall be deemed guilty of a msde-
meanor. and upon conviction before a
justice of the peace of the Icity orI
county wherein the Otense was COM
mitted, or in court of competent
Jurisdiction. shall be. fined not more
than fifty dollars and cost of prosecu.
ton; one-half Iof all fines imposed shall
be paid to the informer, and the other
halfI of said fine shall be paid to the
board of school commissioners OF the
county or City of Baltimore in which
the offense shall be committed; and N
default in the payment of said fine shall
less than thirty days nor more than
SEC. Il. And be il further enacted,
That Article 27 of the Annotated Code
of Maryland O957 Edition., title.
"Grmes and ctd punshmfn's'b he sn6 sn9i's !, s.
hereby repealed and reenacted, with
amendments, to read as follows:
341 (b) Prosecutions for Jiotdtion
of Sectfon.-All prosecutions for viola.
tons of the provisions OF this section
may be either upon presentment and
Indictment in any court having criminal
jurisdiction in this State, or by trial
before any justice of the peace in and
for the county for the City of Balti-
more, as the case may bel where the
offense occurs, and jurisdiction original
and concurrent with the said courts
having criminal jurisdiction is hereby
given to the said justices of the peace,
and they shall have power to issue all
processes and do all acts which may be
necessary for the exercise of said juris.
diction; and may try and determine all
such cases and may pronounce judgment
and impose sentence therein to the same
extent as the aforesaid courts having
criminal jurisdiction could do in such
cases, if such cases were tried before
such court without a jury; provided,
however, that if any person when
brought before any such justice having
jurisdiction of the case, shall, before the
trial for the alleged offense, pray a jury
trial, or if the States attorney for. the
county where the offense occurs shall,
before the trial for the alleged offense,
pray a jury trial on behalf of the State,
it shall be the duty of such justice to
commit such alleged offender for trial,
or TO hold him to bail to appear Tor
trial in the court having criminal juris-
diction in the case, at its then or next
session, and to transmit said commit
ment or recognzance, with the names
and residences of the witnesses for the
prosecution endorsed thereon, forthwith
to the clerk of such. court; and the
justice of the peace, before whom the
accused is brought for trial, shall in
form him seasonaby of his right to
demand a trial by jury.
SEC. IS. And be it further enacted,
That Article 27 of the Annotated Code
of Maryland G957 Edition., title,
Grimes and Punshments," Section $40,
be and it is hereby repealed and re-
enacted, with amendments, to read as
follows:
5 $40 Unauthorized use of livestock
or vehicle.
Any person or persons, his or their
aders or ahettors who shall enter, or
being upon the premises of any other
person. body corporate or polite in the
State, SHALL against the will and consent
of said person or persons, body cor
porate or polite or their agents, wiltully
take and carry away any horse, mare,
colt. gelding, mule, ass, sheep, hog. OK
or COW, or any carriage, wagon, buggy,
cart or any other vehicle, including
motor vehicle as defined in the laws of
this State relating to such, or property
whatsoever, or take and carry away out
of the custody or use of any person or
persons, body corporate or polite, or his
or their agents, any of the above
enumerated property at whatsoever place
the same may be found, shall upon con-
viction thereof in any of the courts of
this State having criminal jurisdiction
be adjudged guilty of misdemeanor,
,,,I I'LL tta talgp
and carried away, or, if unable so to do.
shall pay to the owner or owners the
full value thereof, and be fined not
less than fifty nor more than one hun.
dred dollars, or be imprisoned in the
county or city Jail Tor the penitentary.I
or the house of correction, for not less
than six months nor more than four
years, or be both fined and imprisoned
as aforesaid, in the discretion of the
court, although it may appear from the
evidence that such person or persons,
his or their aders and abettors, took
and carried away the property or any
portion of the same enumerated in this
section. for his or their present use, and
not with the intent of appropriating or
converting the same. The provisions of
article 81. Section IS, shall not offiy
to this section.
That Article 27 of the Annotated Code
of Maryland G9I Edition., title.
Grimes and Punishments,' subtitle,
Receiving Stolen Goods, Money or
Securities" Sections 5000 and Id,
be, and they are hereby repealed and
reenacted, with amendments, to read as
follows:
5000 Jurisdiction, procedure, bail.
ete.-All prosecutions for violation of
the provisions of this section may be
either upon presentment and indictment
in any court having criminal jurisdiction
in this State, or by trial before any
justice of the peace duly assigned to
hear and determine criminal matters in
and for the county Tor the City of Bal
timore, as the case may bel where the
offense occurs, and jurisdiction original
and concurrent with the said courts
having criminal jurisdiction is hereby
given to the said justices of the peace
as aforesaid and they shall have power
to issue all processes and do all acts
which NAV be necessary for the exercise
of said jurisdiction; and may try and
determine all such cases and may pro-
nounce judgment and impose sentence
therein to the same extent as the atore-
said courts having criminal jurisdiction
could do in such cases, if such cases
were tried before such court without a
jury; provided, however. that if any
person when brought before any such
justice having jurisdiction of the case,
shall, before the trial for. the alleged
States attorney for the county Tor
City of Batimore1 where the offense
occurs shall, before the trial of such
alleged offense, pray a jury trial on
behalf of the State, it shall be the
duty of such justice to commit such
alleged offender for trial, or to hold
him to bail to appear for trial in the
court having criminal Jurisdiction in
the case. at its then or next session and
to transmit said commitment or recog-
nizance with the names and residences
of the witnesses for the prosecution
endorsed thereon, forthwith to the clerk
of said court; and the justice of the
peace, before whom the accused is
brought for trial, shall inform him
seasonably of his right to demand a
trial by jury.
s467 (dl Jurisdiction Of justices of
the fcGee-Provded further that moth
ing in this section and 400 shall be
construed to change, enlarge or diminish
the jurisdiction of justices of the peace
in anv of the counties of the State for
the City of BaltimoreI who are herein
specifically vested with authority to
hear, try and determine cases under
this section. but that only such justices
are vested with authority herein as
hear, try and determine cases of viola
ton of the law before June |. 1945
SEC. u. lind be it further enacted
That Article d of the Annotated Code
of Maryland G057 Edtiou), title
Grimes and PuniShmen's'. Section
All. he and it is hereby repealed and
recnacted, with amendments, to read as
follows:
s At. Jurisdiction over violators;
pro,ecution: jury trial
The several justices of the peace in
the respective counties of this State