2576 ARTICLE 11.
manner and to the same extent as the Circuit Court for said county could,
if such cases had been tried before said Court; provided, however, that
the accused, when brought before any such justice, on being informed by
him of his right to trial by jury, freely elects to be tried before such jus-
tice, and provided further, that a jury trial be not prayed in such case
on the part of the State by the State's Attorney. If after a trial before
the justice either party shall feel aggrieved by his jugdment, there shall
be a right of appeal within ten days to the Circuit Court for the said
county, and in all cases where a 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 recognizance with suffi-
cient surety conditioned for his personal appearance to answer said charge
at the then session (if there be a session) of the Circuit Court of said
county, or the next session of said Court, if it be not then in session;
and in default of the accused entering into such recognizance the justice
shall commit him to jail for his appearance at such Court to answer such
charge, and shall at once return the recognizance, if there be one, and all
papers and proceedings in such case, Including a copy of his judgment
(in 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 said Court and issue subpoenas for the witnesses
named by the justice only upon the written order of the State's Attorney,
and the case shall be then tried in said Court on the information or war-
rant. When an appeal shall be taken by the accused after the execution
of sentence has begun, by confinement in jail of* the Maryland House of
Correction, the justice, on sufficient surety being given for the accused's
appearance at Court as hereinbefore required, shall at once transmit an
order reciting this fact to the officer in whose custody he may be, and
directing his discharge, and in default of such surety being given, the
justice shall send a commitment to the Sheriff of the county, commanding
him to receive the prisoner and hold him for his appearance at Court to
answer said charge; and on the presentation of a copy of such commit-
ment by the Sheriff to the officer in whose custody the prisoner may be,
such officer shall at once deliver the prisoner to the Sheriff; and it shall
be the duty of the Sheriff of said county, upon receipt of such commit-
ment, to forthwith obtain such prisoner if he be not in his custody.
1924, ch. 184, sec. 489B.
492. The salary of the said police justice designated and appointed,
as provided for in Section 491, shall be not less than five hundred dol-
lars ($500) per annum, of which sum the town of Thurmont shall pay
not less than two hundred dollars ($200) per annum, and the County of
Frederick not less than three hundred dollars ($300) per annum.
P. L. L., 1888, Art. 11, sec. 290. 1918 Code, sec. 490.
493. Whenever the County Commissioners of Frederick County shall
create and establish any new election districts, in said county, there shall
*"Or" evidently intended.
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