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0942 38 [[left margin]] Suspence [[/left margin]] If the investigation of the case has commenced, it may, nevertheless, be suspended and postponed, if, in the opinion of the Court, justice will be promoted thereby. [[left margin]] cross ex'g [[/left margin]] § 4. The prosecutor and the accused shall each have the right of being confronted with the witnesses against him, of cross-examining them under the rules of law, or arguing the case to the Judge, and of being represented by counsel. [[left margin]] Counsel [[/left margin]] § 5. If the accused in the County Court has no counsel, it shall be the duty of the Judge to enquire fully and fairly into his defence, to sift the testimony against him, and to issue subpoenas for such witnesses as he may represent to be material for his defence, and, if necessary, to compel their attendance. Provided, that the Judge may exercise his in compelling the attendance of witnesses for either party, if the testimony of the witness, as stated by the party desiring his attendance, would, in the opinion of the Judge, be immaterial to the case. [[left margin]] Malice. [[/left margin]] § 6. It shall in the power of the County Judge, if, in his opinion, the prosecution in any case before him, is unfounded and malicious, or without any probable cause, to give judgement for the costs against the prosecutor. [[left margin]] Prosecution [[/left margin]] § 7. If any violation of the criminal law, cognizable in the County Court, be committed by a person of color, it shall be the duty of the special bailiff appointed by the County Judge, to prosecute the offender, if, in the opinion of the latter, the public good requires a prosecution. [[left margin]] Jail - [[/left margin]] § 8. The County Judge shall have power to use the County jail for the detention of accused parties, or for the contempt. Commitments by the County Judge shall be lawful warrants to the jailor for the detention of prisoners, and shall be obeyed by him. [[left margin]] Bail [[/left margin]] § 9. A party accused in the County Court shall have the right to bail, which shall not be excessive; and the County Judge may in his discretion, in furtherance of the public good, discharge a party on his own recognizance. ARTICLE XIV. LICENSES REQUIRED IN CERTAIN CASES. § 1. The Board of Aldermen, members of the City Council, Commissioners, or other corporate authorities, in any town or village of this State, shall have power to pass any ordinance or regulation requiring that all persons engaged in buying, or selling, or receiving on deposit, or on storage, any provisions, for man or beast, including fruit and vegetables of all kinds, any fire-wood, cotton, cottonseed, 39 live stock, poultry or any article of merchandise, shall first obtain from such corporate authorities, a license authorizing such purchase, or sale. Provided, That it shall rest in sound discretion of such corporate authorities to determine whether or not such ordinance or regulation shall be adopted, and also to exclude from the license, any of the articles above named, or to include others. [[right margin]] Granting [[/right margin]] § 2. The Justices of the Inferior Court in any County of this State, may also make and prescribe regulations for the grant of licenses, as in the above section specified within any portion of a County, not included within the corporate limits of a town or village; and shall have the same discretion in the premises, as is given to corporate authorities in the above section. [[right margin]] or refusal [[/right margin]] § 3. Upon the corporate authorities of such town or village, and the Justices of the Inferior Court for any County, shall devolve the responsibility of deciding whether or not the applicant for any such license is a fit and proper person to be entrusted with the privilege - one not likely to violate the laws of this State, nor knowingly to trade with thieves, or other habitual offenders against law, and in their discretion, they may refuse such license to any applicant, except for the purchase of the necessary supplies of food for himself, herself, and family. [[right margin]] Fee [[/right margin]] They shall also, in their discretion, fix the license fee. [[right margin]] Ordinances [[/right margin]] § 4. In all cases where such an ordinance is passed, or such regulations established, publication thereof shall be made in some Gazette of the County, once a week for two months, or written advertisement thereof shall be posted at the Court House, and at places of holding the several Justices' Courts in said County, or at other public places in the County, for three months after the passage of such ordinance or regulation. § 5. No person shall sell to, or buy from another, any of the articles above specified, in any incorporated town or village where such ordinance is passed, or County where the regulations are established, without such license first had and obtained. [[right margin]] Violation [[/right margin]] § 6. Any person violating the provisions of any such ordinance passed in and for an incorporated town or village, shall be tried and punished as by such ordinance prescribed. But any offender against the regulations established by the Justices of the Inferior Court, for the County aforesaid, shall be tried by the County Court, and if convicted, punished by a fine not exceeding _____ hundred dollars, or a sentence to labor, not exceeding _____ months together with the costs of prosecution. And in all cases of offences against the provisions of this Act, the license shall be forfeited, so far as the right to trade in such articles, by vending the same, is concerned.
