ART. 12.] JUSTICES OF THE PEACE AND CONSTABLES. 1261

process and to do all acts which may be necessary to the exercise
of their said jurisdiction, and may try and determine all cases
whereof they may have jurisdiction, and may pronounce judgment,
and sentence therein in the same manner and to the same extent
as the circuit court for said counties could in such cases, if such
cases were tried before them without the intervention of a jury;
provided, however, that if any person, when brought before any
such justice having jurisdiction of the case, shall before trial for
the alleged offence pray a jury trial, or if the State's attorney for
said county shall, before the trial of such alleged offence, pray a
jury trial on the part of the State, it shall be the duty of anysuch
justice to commit such alleged offender for trial in the circuit,
court for the county in which the offence was committed at its
then 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 recogni-
zance, with the names and residences of the witnesses for the prose-
cution endorsed thereon, forthwith to the clerk of the said court ;
and the justice before whom the case is tried shall inform the
person charged of his right to a jury trial.

1884. ch. 510.

137. Constables in the said counties shall be entitled to the fees,
prescribed 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 witnesses 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 recogni-
zances in each case reported to the circuit court, twenty-five cents
each; for each attachment for contempt, twenty-five cents.

Ibid.

138. 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 be discharged there-
from 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.