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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5181   View pdf image (33K)
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WORCESTER COUNTY. 5181

him to bail to appear in or committing him for trial in the Circuit Court
for Worcester County, unless upon being brought before a Justice of the
Peace and having been informed of his right to a jury trial, as elsewhere
provided in this charter, he shall waive said right and elect to be tried
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 afore-
said, 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 con-
tained 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 ordi-
nance 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 County of Berlin, except such ordinances
as shall by their terms be enforceable by civil action only, shall be mis-
demeanors, 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 warrant 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 recognizance 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 juris-
diction, and where jury trial is waived they may try and determine all
such cases and pronounce judgment and sentence therein, and they shall
have power to approve the sureties of any recognizance entered into upon
appeal from their decision.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 5181   View pdf image (33K)
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