572 LAWS OF MARYLAND. [CH. 321

sentence therein in the same manner and to the same extent
as the Circuit 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
$hall have the power in any and all cases to suspend the opera-
tion 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 or if
the State's Attorney for said County shall, before the trial of
such alleged offense, pray a jury trial upon the part of the
State, 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 in-
form the person charged of his right to a jury trial and on
receipt of the recognizance 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 information 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 dollars or under and costs or to any
fine of over ten dollars exclusive 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 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 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;