ALBERT C. RITCHIE, GOVERNOR 1317
said right to plead said former jeopardy and in the event of
such appeal being so prayed the said Justice shall forthwith
endorse on the warrant or commitment the fact of an appeal
being prayed together with list of the names and residences
of the witnesses for the State a.nd forthwith transmit the
papers, in the case to the Clerk of said Court, and the said
person shall be tried de novo in the Circuit Court, in the same
manner as if the said case had been originally brought before
the Circuit Court without the necessity of presentment or in-
dictment by the Grand Jury; and the said Circuit Court, upon
said trial de novo, may impose any sentence authorized by
law, to be imposed as punishment for the offense charged ir-
respective of the sentence imposed by the Police Justice below,
provided, however, that the trial in the Circuit Court afore-
said shall be by jury, if demanded by the party charged ; pro-
vided further, that upon the trial iu said Circuit Court of
such appeal under this section the same fees and costs shall be
taxed in said cases as would obtain in like cases where trial
is had upon presentment and indictment by the Grand Jury ;
provided, further, that no appeal shall be prosecuted under
this section after payment of the fine or after the expiration
of the sentence imposed by said Police Justice. And, in case
of appeal prosecuted under this section the convicted party
shall be entitled to be admitted to bail for his appearance in
said Circuit Court, pending the hearing of such appeal, upon
furnishing surety to be fixed by the said Police Justice for his
appearance in said Circuit Court, or upon furnishing such
surety for his said appearance as said Circuit Court may
require.
SEC. 5. Be it enacted, That the several Justice of the Peace
of said Montgomery County shall have all that civil and crim-
inal jurisdiction had and possessed by them on the first day of
January, 1910, and all laws in force at that time relating to
the powers, duties, authority and jurisdiction of the said Jus-
tices of the Peace, of the said Montgomery County, are hereby
declared to be of full force and effect, and this Act shall in
no wise be construed to take away any of that civil or criminal
jurisdiction had by the said Justices of the Peace of the said
Montgomery County on the day and year last mentioned afore-
said, provided, however, that in all cases over which the said
Justices of the Peace have jurisdiction the said Police Justice
shall likewise have concurrent jurisdiction.
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