662 ARTICLE 3.

and forthwith transmit the papers, together with a copy of the commit-
ment, with the names and addresses of the witnesses for the prosecution,
endorsed thereon, to the office of the Clerk of the Circuit Court for Bal-
timore County, and the said person shall thereafterward be tried de novo
in the Circuit Court for Baltimore County, in the same manner as if the
said case had been originally brought before said Court without the neces-
sity of presentment or indictment by the Grand Jury; and the said court,
upon said trial de novo, may impose any sentence authorized by law to
be imposed as punishment for the offense charged irrespective of the sen-
tence imposed by the justice of the peace below, provided, however, that
the trial in the Circuit Court for Baltimore County shall be by jury, if
demanded by the party charged; provided further, that upon the trial in
the Circuit Court for Baltimore County of such appeals under this sec-
tion, the same fees and costs shall be taxed in said cases on appeal as
would obtain in like cases where a trial is had upon presentment and
indictment by the Grand Jury; provided, further, that no appeal shall
he prosecuted under this section after payment of the fine or after expira-
tion of the sentence imposed by the justice. And, in case of appeal prose-
cuted under this section the convicted party shall be entitled to be ad-
mitted to bail for his appearance in the Circuit Court for Baltimore
County, pending for his appearance in the Circuit Court for Baltimore
County, pending the hearing of such appeal, upon furnishing surety to
be fixed by the said justice of his appearance in the Circuit Court for
Baltimore County, or upon furnishing such surety for his said appearance
as the Circuit Court for Baltimore County may require.

1929, ch. 313, aec. 316B.
396B. In all cases in which the convicted person is entitled to an

appeal under said Section 396A, and fails to prosecute his appeal within
the time provided in said section, it shall be thereinafterward conclusively
presumed that the said justice informed the said party charged of his
right to a jury trial in said case, and that the said party waived the same.*

1904, ch. 70. B. Co. C. (1908), sec. 206. 1916, sec. 318. 1928, sec. 397.
397. When there is an arrest by a police officer or constable of any
person for any violation of the law punishable either by a fine or imprison-
ment, or by a fine alone, during the hours when the station house justices
as aforesaid are not at said respective station houses, the officer on duty

and in charge of said station house, or such station house justice, if he
can be found, is hereby authorized and empowered to release for the next
tearing before said station house justice any person so arrested upon a
deposit of an amount equal to the maximum fine and the costs or penalty
imposed, if found guilty, as surety for such appearance, and after the
tearing the deposit so made is to be returned to the depositor if the com-
plaint is dismissed or held for court, upon his appearance at said hearing;
and if said person so arrested fails to appear at said hearing, or if he

*Sec. 2 of ch. 313, Acts of 1929, repeals all laws Inconsistent therewith.