|
5028 ARTICLE 23.
if the State's attorney for said county shall, before the trial of such alleged
offense, pray a jury trial on the part of the State, it shall be the duty of
any such justice to commit such alleged offender for trial in the circuit
court, at its session, if it be then in session, or at its next session, if it be
not then in session, and to return said commitment or recognizance, with
the names and residences of the witnesses for the prosecution endorsed
thereon, forthwith to the clerk of said court; and the justice before whom
the case is tried, shall inform the person charged of his right to a jury
trial; and on receiving the recognizance sent up by the justice, the clerk
shall place the same on the appeal docket, and issue subpoena for the
witnesses named by the justice, and the case shall be tried on the informa-
tion or warrant as if on appeal; and if on waiver of jury trial before the
justice, and trial before him, either party shall feel aggrieved, he or the
State may appeal to the circuit court, upon the accused recognizing with
security approved by the justice.
P. L. L., 1888, Art. 23, sec. 58. 1884, ch. 510.
116. Constables in the said counties shall be entitled to the fees pre-
scribed by law for the particular services rendered by them under the
preceding section; and the said justices shall be entitled to charge for
their respective services in said criminal cases the following fees: For
issuing each State writ, twenty-five cents; for summoning all the wit-
nesses on both sides in any case, fifty cents; for each trial, one dollar;
for every commitment, twenty-five cents; for every release, twenty-five
cents; for taking recognizances in each case reported to the circuit court,
twenty-five cents each; for each attachment for contempt, twenty-five cents.
P. L. L., 1888, Art. 23, sec. 59. 1884. ch. 510.
117. The aforesaid fees of said constables and justices for said counties
shall be taxed against and paid by the party against whom judgment shall
be rendered, unless he or she be discharged therefrom by due course of
law; if such party against whom judgment is rendered is unable to pay
the same, such fees shall be paid by the county wherein said judgment was
rendered; and all fines and penalties received by any justice under the
provisions of Section 115, shall be accounted for and wholy paid without
abatement or deduction therefrom by such justice, to the county Commis-
sioners of the county wherein they are collected, for the use of said county;
and no part of any fine or penalty enforced or collected under said section
shall be paid to any informer.
1914, ch. 244.
118. Every Justice of the Peace for Wicomico County, shall report to
the County Commissioners of Wicomico County, on the first Monday of
January, April, July and October, in each year hereafter, every criminal
case before him, giving in said report, name of criminal, crime, date of
trial, finding, fees of self, name and fees of constable or other officer,
names and fees of witnesses and all forfeiture of recognizance in cases
|
 |