PHILLIPS LEE GOLDSBOROUGH, GOVERNOR, 439

before a justice of the peace, and if any person shall be
adjudged guilty of any such offense under any ordinance or by-
laws passed in pursuance of the powers hereby given to any
of them, by the Circuit Court aforesaid, or by a justice of the
peace, any person so found guilty shall be sentenced to pay the
fine or penalty prescribed by the said ordinance or by-law, and
also the cost of prosecution, and in default of the payment
thereof the person so found guilty shall be committed to jail
for the length of time required by said ordinance or by-laws,
not to exceed the thirty days' limit above provided; and in
case the said ordinance or by-laws set no length of time for
the offender to stand committed in default of the payment of
said fine or penalty, then said offender shall be committed to
jail until thence discharged by due course of law. Nothing
herein contained shall prevent the Mayor and Council from
providing in any or all of the ordinances or by-laws passed by
them that violation of said ordinance or ordinances, by-law or
by-laws, shall not be criminal offenses, or that the fine or
penalty imposed for violating thereof shall be enforced by civil
action only; provided, such intention is clearly expressed. Any
violation of any provision under and belonging to the sub-title
of "Berlin" as a sub-title to Article 24 of the Code of Public
Local Laws of Maryland, title ''Worcester County," including
all violations of any of the provisions of this act or charter,
and also all violations of any ordinance passed or to be passed
by the Mayor and Council of Berlin, except such ordinances as
shall by their terms be enforceable by civil action only, shall be
misdemeanors, and all such misdemeanors shall be indictable or
they may be tried before any justice of the peace for Worcester
county; provided, that any defendant or defendants in such
cases shall before the trial be notified of his right to a jury
trial, and in any such case the State of Maryland shall be the
plaintiff, and the State's Attorney for said county and the
defendant or defendants therein shall respectively possess the
right to have the case removed to the Circuit Court for said
county, where they can have a jury trial, and the justice of the
peace or the Circuit Court may in all cases amend the war-
rant so that the offense intended to be charged may be duly
set forth; provided further, that if the defendant be found
guilty and sentenced to pay a fine or to be imprisoned he may
appeal to the Circuit Court for Worcester County on recog-
nizance at any time within ten days from the trial, and the
State may also appeal in any case upon order of the State's
Attorney. And said justices of the peace shall have power
to issue all process necessary to exercise such jurisdiction, and