82

LAWS OF MARYLAND.

in the judgment of the judge or justice,-is sustained, the license
of such dealer shall be cancelled; but nothing herein shall pre-
vent the said dealer from being tried for keeping a disorderly
house or for any other offense under any of the sections or sub-
sections of this article.

Disposition of
fines.

SUB-SEC. 8. All fines imposed under these sub-sections shall
be paid over to the Sheriff of said county when a case is tried
in the Circuit Court or to the justice of the peace who tries the
same, and such justice or Sheriff shall pay over the fines to the
school commissioners of said county, within thirty days after
receiving the same; and if within sixty days from the date of
the conviction, the Governor does not remit fine, it shall be
applied for the use of the public schools; but if the Sheriff or
the said justice wilfully or without the written consent of the
treasurer of the school commissioners, fails to pay over any
fine as aforesaid, upon conviction in the Circuit Court for said
county, he shall be fined double the amount received and not
paid over, and shall stand committed until tine and costs are
paid; and unless said fine is remitted, till fine and costs are
paid, by the Governor within sixty days from the date of the
conviction, the fine shall be paid to the school commissioners.

Right of
appeal.

SUB-SEC. 9. If any defendant feels aggrieved by the judg-
ment of a justice of the peace trying any case under any of
the sections or sub-sections of this article concerning liquors,
intoxicating drinks or cider, he may appeal to the Circuit
Court for said county, upon entering into a recognizance to
appear in said Circuit Court, as in other cases; but if he shall
make oath that he is unable to furnish requisite securities fbr
his said appearance, he may have the case reviewed by any
judge of said Circuit Court under a writ habeas corpus; pro-
vided, that said judge is satisfied that such defendant is unable
to furnish such securities; and provided, that the said court
will not be in session for more than ten days from the filing
of his petition; and provided, that the justice will not be the
personal recognizance of the party; in all cases when an
appeal is taken while the said court is in session, and the
record can be sent up before its adjournment, the appeal shall
be heard at such session; if the defendant appealing will
deposit the amount of the fine and costs, he may appeal and
recognize at any time within thirty days from the date of the
judgment; and if he appeals and recognizes within thirty days,
the money shall be returned to him.

Approved March 7th, 1894.