JOHN WALTER SMITH, ESQ., GOVERNOR.

19

herein dircted shall sell any such liquor, except in the way and
manner allowed in section 193 B of this Act, he shall, upon

CHAP. 13,

conviction be subject to the punishment inflicted by section
193 A of this Act, and in addition to such punishment for the
second offence, his license shall be by the Court declared to
be void and suppressed.

193 D. All prosecutions' for violation of the provisions of

Penalty.

any of the preceding sections of this Act 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 Circuit
Court for Queen Anne's county, and the said justice shall have
power to issue all processes and do all acts which may be
necessary to exercise of his eaid 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 Circuit Court for Queen Anne's
county could do in such cases, as if such cases were tried before
said Court without 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

How prose-
cutions are to
be made.

alleged offence, pray a jury trial, or if the State's Attorney for
said county shall, before trial of such alleged offence pray a
jury trial on the part of State, it shall be the duty of any such
justice to committ such alleged offender for trial or to hold
the said offender to bail, to appear for trial in the Circuit
Court for Queen Anne's county at its then or next session and
to return said commitment or recognizance with the names
and residences of the witnesses for the persecution endorsed
thereon, forthwith to the clerk of said Court, and the justice
before whom the accused is brought for trial shall inform him
of his right to a jury trial.

193 E. The State's Attorney and justices of the peace
having knowledge of any previous conviction ot any person

Jury trial
may be
ordered.

accused of violation the provisions of any of the preceding
sections of this Act in preparing warrants, presentments and
indictments shall allege such previous convictions therein ; and
it shall be the duty of the clerk of the aforesaid Circuit Court
to furnish such information to the State's Attorney and grand
jury ; and 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, corporation, company or association had been convicted
of a violation of any provision of this Act ; and any such
indictment or proceeding may be amended at any stage of the
proceedings before final judgment as a matter of right.

Duty
of State's
attorney, etc.