ROBERT M. McLANE, ESQUIRE, GOVERNOR.

243

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 any such justice to com-

mit such alleged offender for trial, or to hold the said

offender to bail to appear for trial in the circuit court

Eight to jury
trial.

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

residences of the witnesses for the prosecution en-

dorsed 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. 9. And be it enacted, That state's attorneys

and justices of the peace, having knowledge of any

Indictments-

previous conviction of any person accused of violat-

how prepared.

ing the provisions of this act, in preparing warrants,

presentments and indictments, shall allege such pre-

vious conviction therein, and it shall be the duty of

the clerk of the circuit court to furnish such informa-

tion 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

Record of for-
mer indictment

that said person, corporation, company or association,

not neceesary.

had been convicted of a violation of any particular

provision of this act, and any such indictment or pro-

ceeding may be amended at any stage of the proceed-

ings before final judgment, and as a matter of right.

SEC. 10. And be it enacted, That all acts or parts

Inconsistencies

of acts inconsistent with the provisions hereof be and

repealed.

the same are hereby repealed.

SEC. 11. And be it enacted, That this act shall take

Effective.

effect from the date of its passage.

Approved April 8, 1884.