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Session Laws, 1882 Special Session
Volume 418, Page 140   View pdf image (33K)
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140

LAWS OF MARYLAND.

 

SEC. 7. And be it enacted, That all prosecutions

 

for violations of the provisions of this act, and which

How prosecu-

are hereby declared to be criminal offences, may be

tions are tu be

either upon presentment and indictment or by trial

made.

before a justice of the peace, who shall have juris-

 

diction, original and concurrent, with the Circuit

 

Court of said county, and the said justice shall have

 

power to issue all process and to do all acts which

 

may be necessary to the exercise of his said jurisdic-

 

tion, and may try and determine all cases whereof

 

he may have jurisdiction, and may pronounce judg-

 

ment and sentence therein, in the same manner and

 

to the same extent as the Circuit Court of said

 

county could do in such cases, as if such cases were

 

tried before said court 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,

Right to jury

pray a jury trial, or if the State's Attorney for said

trial.

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 any such justice to commit such

 

alleged offender for trial, or to hold the said offender

 

to bail to appear 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 recognizance, with the names

 

and residence of the witness for the prosecution

 

endorsed thereon, forthwith to the clerk of said

 

court; and provided the justice, before whom the

 

case is tried, shall inform the person charged of his

 

right to a jury trial.

 

SEC. 8. And be it enacted, That State's Attorneys

 

and justices of the peace having knowledge of any

 

previous conviction of any person accused of vio-

 

lating the provisions of this act, in preparing war-

Previous con-
dition.

rants, presentments and indictments, shall allege

 

such previous conviction therein, and it shall be the

 

duty of the Clerk of the Circuit Court to furnish

 

such information to the State's Attorney and grand

 

juries; but it shall not be necessary to set forth

 

particularly in any such presentment or indictment

 

the record of a former conviction, but it shall be

 

sufficient to allege briefly that said person, corpora-

 

tion, company or association had been convicted of



 
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Session Laws, 1882 Special Session
Volume 418, Page 140   View pdf image (33K)
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