1202

LAWS OF MARYLAND.— 1835.

the said docket, he shall be deemed guilty of forgery, and upon
prosecution and conviction thereof iti the county court, he shall
suffer the punishment prescribed by law for the offence of for-
gery.

Jurisdiction
ia cases of
assault and
battery.

SEC. 8. And be it enacted, That the said district court shall
have criminal jurisdiction in all cases of assault and battery
committed within the district thereof, unless it shall appear to
the said district court, upon a hearing of the case, that the said
assault and battery was committed with an intent to kill, and it
shall bo lawful for the said court when informed by complaint
made upon oath before them, or of their own knowledge, of the
commission of any such offence within the said district, to issue

Issue capias

a capias in the name of the slate, against the person accused,
directed to some constable of the district, to compel his or her
appearance before the said court, to answer the charge, and
when the party shall appear before the said court, he or she

Option al-
lowed to
traverse or
enter re-
cognizance.

shall have the option either to submit the case to the hearing
and judgment of the said court, and to traverse the same before
the said court, as such like case may be now traversed before
the county court, or may in his or her election enter into recog-
nizance before the said district court, or any one of the justices
thereof, for his or her appearance at the next county court of the

On submit-
ting thy
case.

same county, to answer the charge ; but if the party so charged
shall elect to submit his or her case to the hearing and judg-
ment of the said district court, or to traverse the charge before

Authority to
try and
determine.

the same court, then the said district court shall have power
and jurisdiction to hear and determine the same, and give judg-
ment according to the law of the land, and the truth of the
matter, and in case of conviction, the said district court shall

To inflict
punishment,

and may inflict punishment by fine and imprisonment, and in
all such cases, the party accused, as well as the state, shall
have the benefit of such witnesses as either of them may require

Method of
proceeding.

to be summoned to the said court to testify in their behalf, and
the privilege of appearing and prosecuting, or defending the
charge, by attorney, and the party accused shall have a reason-
able time to prepare for his defence, and shall be entitled also to

Relating to
bail.

be discharged from actual custody upon giving reasonable bail
for his appearance in the said district court, from time to time, as
the court shall direct and require, till he be finally discharged ;
and any one of the said district justices shall have authority to

Bail bond.

take such bail bond, with such security as he may reasonably
require, conditioned as aforesaid, and the said district court shall

Taxing
costs.

have power and authority to tax the costs that may arise, ia all
such cases before them for assault and battery ; and in cases of
conviction of the party accused, to give judgment against him
or her, for the said costs, as well as for any fine the said court
may impose; and ia case of nonpayment of such fine and