ALBERT C. RITCHIE, GOVERNOR. 1469

therein in the same manner and to the same extent as the Cir-
cuit Court for Montgomery County could in such cases if said
cases were tried before said Court without the investigation of
a jury; provided further, that said justice shall have the power
in any and all cases to suspend the operation of any sentence
for such time as he may see fit or may indefinitely postpone
said sentence. That if any person when brought before said
justice having jurisdiction of the case, shall before the trial of
the alleged offense pray a jury trial it shall be the
duty of the said justice to commit such alleged offender for
trial in the Circuit Court for Montgomery County, at its then
session, if it be in session, or its next session if it be not then
in session, and return said commitment or recognizance, with
the name and names and residence of the witnesses for the
prosecution endorsed thereon, forthwith to the Clerk of the
Circuit Court, and the said justice shall inform the person
charged of his right to a jury trial and on receipt of the rec-
ognizance sent up by the justice the clerk shall place the same
on the Appeal Docket and issue a subpoena for the witnesses
named by the justice and the case shall be tried on the informa-
tion or warrant as if on appeal. In all cases after jury trial is
waived, in which any person is tried and committed before said
Police Justice and sentenced by him to any imprisonment other
than imprisonment in default of payment of fines of ten dol-
lars or under and costs or to any fine of over ten dollars exclu-
sive of costs he may within ten days after sentence, exclusive of
the day of sentence, pray an appeal to the Circuit Court for
Montgomery County upon waiving his right to plead on the
trial of said appeal in said Circuit Court, his former jeopardy
resulting from him, his or her said trial and conviction before
said justice, no formal waiver of said right, to plead under this
section to said Circuit Court shall be construed as a waiver of
said right to plead said former jeopardy and in the event of
such appeal being so prayed the said justice shall forthwith en-
dorse 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 and 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 indictment by
the Grand Jury: and the said Circuit Court, upon said trial
de novo, may impose any sentence authorized by law, to be im-
posed as punishment for the offense charged, irrespective of