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Session Laws, 1906 Session
Volume 479, Page 1089   View pdf image (33K)
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EDWIN WARFIELD, ESQ., GOVERNOR.

1089

und in case the said ordinance or by-law sets no length of
time for the offender to stand committed in default of the pay-

CHAP. 549

ment of said fine or penalty, then said offender shall be com-
mitted to jail until thence discharged by due course of law.
Nothing herein contained shall prevent the Mayor and
Council from providing in any or all of the ordinances or
by-laws passed by them that violations of said ordinance or
ordinances, by-law or by-laws, shall not be criminal offenses,
or that the fine or penalty imposed for violation thereof
shall be enforced by civil action only; provided, such inten-
tion is clearly expressed. Any violation of any provision
under and belonging to the sub-title of Pocomoke, as a sub-
title to Article 24 of the Code of Public Local Laws of
Maryland, title " Worcester County," including all violations
of any of the provisions of this Act or charter, and also all
violations of any ordinance passed or to be passed by the
Mayor and Council of Pocomoke City, except such ordi-
nances as shall by their terms be enforcible by civil action
only, shall be misdemeanors, and all such misdemeanors
shall be indictable or they may be tried before any justice
of the peace for Worcester county; provided, that any
defendant or defendants in such cases shall, before the trial,
be notified of his right to a jury trial, and in any such case
the State of Maryland shall be the plaintiff, and the State's
attorney for said county and the defendant or defendants
therein shall respectively possess the right to have the case
removed to the Circuit Court for said county where they can
have a jury trial; and the justice of the peace or the Circuit
Court may in all cases amend the warrant so that the offense
intended to be charged may be duly set forth; provided,
further, that if the defendant be found guilty and adjudged
to pay a fine or to be imprisoned he may appeal to the Circuit
Court for Worcester county on recognizance at any time
within ten days from the trial, and the State may also appeal
in any case upon order of the State's attorney. And said
justices of the peace shall have power to issue all process
necessary to exercise such jurisdiction, and where jury trial
is waived they may try and determine all such cases and
pronounce judgment and sentence therein, and they shall
have power to approve the sureties of any recognizance
entered into upon appeal from their decision.

SEC. 2. And be it further enacted, That nothing in this Act
or any part thereof contained shall be construed as repealing

General
powers
granted.



 
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Session Laws, 1906 Session
Volume 479, Page 1089   View pdf image (33K)
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