692

LAWS OF MARYLAND.

SEC. 6. And be it enacted, That all prosecutions

for violations of the provisions of this act, and

which are hereby declared to be criminal offences,

may be either upon presentment and indictment,

or by trial before a justice of the peace, who shall

have jurisdiction original and concurrent with the

Prosecutions
—how made.

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 jurisdiction, and may try and determine all

cases whereof he may have jurisdiction, and may

pronounce judgment and sentence therein in the

same manner and to the same extent as the cir-

cuit court for said county could do in such cases

as if such cases were tried before said court with-

out the intervention of a jury; provided, how-

ever, 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 trial of such alleged offence pray a

Trial by jury.

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 in session, or at its next

session, if it be not in session, and to return said

commitment or recognizance, with the names and

Return to be

residences of the witnesses for the prosecution

made to clerk.

endorsed thereon, forthwith to the clerk of said

court; provided the justice before whom the case

is tried shall inform the person charged of his or

her right to a jury trial, and which in every such

case the said justice is hereby required to do.

SEC. 7. 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-

rants, presentments and indictments, shall allege

Allege pre-
vious convic-

such previous conviction therein; and it shall be

tion.

the duty of the clerk of the circuit court to fur-

nish such information to the State's attorney and

grand jury; but it shall not be necessary to set

forth particularly in any such presentment or in-