ART. 24.] WORCESTER COUNTY. 1143

the streets of the town, not to exceed ten days. And when-
ever in any such ordinance or by-law a fine or penalty is im-
posed for the doing of any act forbidden to be done by such or-
dinance or for omitting to do any act required to be done by
such ordinance, the doing of such act in the first case or the
omission to do such act in the second case, shall be deemed to
be a criminal offense; and all such offenses shall be prosecuted
by the arrest of the offender and by holding him to bail to ap-
pear in or committing him for trial in the Circuit Court for.
Worcester county, unless upon being brought before a justice
of the peace, and having been informed of his right to a jury trial,
as elsewhere provided in this charter, he shall waive said right
and elect to be tried before a justice of the peace, and if any per-
son shall be adjudged guilty of any such offense under any or-
dinance or by-laws passed in pursuance of the powers hereby
given or any of them, by the Circuit Court aforesaid or by a
justice of the peace, any person so found guilty shall be sen-
tenced to pay the fine or penalty prescribed by the said ordi-
nance or by-law, and also the costs of prosecution, and in de-
fault of the payment thereof the person so found guilty shall be
committed to jail for the length of time required by said ordi-
nances or by-laws, not to exceed the thirty days' limit above
provided, and in case the said ordinance or by-law sets no
length of time for the offender to stand committed in default of
the payment of said fine or "penalty, then said offender shall be
committed 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 pen-
alty imposed for violating thereof shall be enforced by civil
action only; provided, such intention is clearly expressed. Any
violation of any provision under and belonging to the sub-
title of Berlin, 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 Berlin, except such ordinances 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 Wor-
cester 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