580 LAWS OF MARYLAND. [CH. 487

offenses; and the said Trial Magistrates shall have power
to issue all process, and to do all acts which may be
necessary for the exercise of their said jurisdiction, and may
pronounce judgment and sentence in all such cases coming
before them, in the same manner, and to the same extent, as
the Circuit Courts for said counties could, if such cases had
been tried before said Courts; provided, however, that the
accused, when brought before any such Trial Magistrate,
on being informed by him of his right to trial by jury,
freely elects to be tried before such Trial Magistrate,
and provided, further, that a jury trial be not prayed in such
case on the part of the State by the State's Attorney. If after
a trial before the Trial Magistrate either party shall
feel aggrieved by his judgment there shall be a right of appeal
within ten days to the Circuit Court for the county in which
the alleged offense is charged to have been committed, and in
all cases where a jury trial is prayed by the State, or the
accused elects to be tried by jury, or appeals from the judg-
ment of the Trial Magistrate, the Trial Magistrate shall
take from the accused his recognizance with sufficient
surety conditioned for his personal appearance to answer
said charge at the then session (if there be a session)
of the Circuit Court of their respective counties, or the next
session of said Court, if it be not then in session; and in default
of the accused entering into such recognizance the
Trial Magistrate shall commit him to jail for his appearance
at such Court to answer such charge, and shall at once return
the recognizance, if there be one, and all papers and proceed-
ings in such case, including a copy of his judgment (in appeal
cases) together with the name and residence of the witnesses
for the prosecution to the Clerk of said Court, who shall place
such case on the appeal docket of said Court and issue sub-
poenas for the witnesses named by the Trial Magistrate
only upon the written order of the State's Attorney, and
the case shall be then tried in said Court on the information or
warrant. When an appeal shall be taken by the accused after
the execution of sentence has begun, by confinement in jail or
the Maryland House of Correction, the Trial Magistrate,
on sufficient surety being given for the accused's appear-
ance at Court as hereinbefore required, shall at once transmit
an order reciting this fact to the officer in whose custody he
may be, and directing his discharge, and in default of such
surety being given, the Trial Magistrate shall send
a commitment to the Sheriff of the county, commanding him
to receive the prisoner and hold him for his appearance at
Court to answer said charge; and on the presentation of a
copy of such commitment by the Sheriff to the officer in whose
custody the prisoner may be, such officer shall at once deliver