88 JUSTICES OF THE PEACE. [ART. 52.

Montgomery and Frederick counties), are hereby invested with,
and shall have hereafter jurisdiction to hear, try and determine
all cases involving the charge of any offense, crime or misde-
meanor, not punishable by confinement in the penitentiary or
involving a felonious intent, which may be committed within
their respective counties; and shall have jurisdiction to hear,
try and determine all prosecutions or proceedings for the
recovery of any penalty for doing or omitting to do any act
within their respective counties, the doing of which or the
omission to do which, is made punishable under the laws of
this State by any pecuniary fine or penalty, or by imprison-
ment in jail or in the Maryland house of correction, all of
which acts or omissions are hereby declared to be criminal
offenses; and the said justice shall have power to issue all
process, and to do all acts which may be necessary for the
exercise of their said jurisdiction, and may pronounce judg-
ment and sentence in all such cases coming before them, in the
same manner, and to the same extent as the circuit courts for
said counties could, if such cases had been tried before said
courts; 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 justice, 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
judgment there shall be a right of appeal within ten days to
the circuit court for the county in which the alleged offense is
charged to have been committed, 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 sufficient
surety conditioned for his personal appearance to answer said
charge at the then session (if there be a session) of the circuit
court of their respective counties, 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