ant and his surety, returnable in twenty days from the date thereof. SEC. 16. When any person shall be brought before any such magistrate charged with being guilty, or as being suspected of being guilty of any offence of which he has not jurisdiction to try and determine, and after hearing all the evidence adduced in relation thereto, it shall not appear to such magistrate that the accused is probably guilty of said offence, or of any other offence substantially charged in said complaint, the accused shall be forthwith discharged. SEC. 17. If it shall appear that the accused is probably guilty as aforesaid, such magistrate shall thereupon, if the offence be bailable by him, require the accused to enter into a recognizance with sufficient surety, in such sum as the magistrate shall approve and direct; with condition, that the accused will appear at the next term of the court in and for said county having jurisdiction over such offence, at which a grand jury is required to attend by law, and not depart said court without leave, and in the mean time keep the peace and be of good behavior toward all the people of this state; which recognizance the magistrate shall certify to said court as soon as may be. If the said offence be not bailable by such magistrate, the accused shall forthwith be committed to the jail, in the same county, there to remain until he be discharged by order of law. SEC. 18. In every case in which any such magistrate shall require the accused to give recognizance for his appearance before some court, and in which he shall not give such recognizance, the accused shall be forthwith committed to the jail in the same county, there to remain until he shall give such recognizance or be discharged by order of law. SEC. 19. Any magistrate may adjourn any trial or examination pending before himself, from time to time, not exceeding ten days at any one time, except with the consent or at the request of the accused, and to the same or to a different place in the same county. SEC. 20. In case of an adjournment, if the accused be charged with any offence not bailable by such magistrate, he shall, in the mean time, be committed to the jail in the same county; otherwise he may be recognized in a sum and with a surety to the satisfaction. of such magistrate, for his appearance for such further examination, and for want of such recognizance may be committed to said jail. SEC. 21. If the person recognized as in the next preceding section mentioned, shall not appear according to the condition of such recognizance, the magistrate shall record the default and certify the recognizance with the record of the default, to the court of common pleas in the same county. SEC. 22. Whenever any person charged with treason against this state, murder, arson, rape, robbery, burglary, perjury or subornation of perjury, shall be recognized or committed for trial at a higher court by any magistrate, such magistrate shall also bind, by recognizance, such witnesses as he shall deem material, to appear and testify at such court; and may also require any such witnesses to give surety to be bound with them for their appearance at such court, in case he shall deem it necessary to insure the attendance of any such witnesses. SEC. 23. Every witness who shall refuse to comply with the order of any magistrate requiring him to give recognizance, whether with or without surety, shall be committed to the jail in the same county, there to remain until he give such recognizance, or be discharged by order of law. SEC. 24. When any person shall be committed to jail or shall be under recognizance to answer any charge of assault or battery, or both, or for any threat of committing any offence against the person or property of another, if the party injured or threatened shall appear before the magistrate who issued the warrant of commitment or took the recognizance, and acknowledge in writing that he has received satisfaction of the injury, or has ceased to fear the execution of the threat, such magistrate may, in his discretion, upon payment of all costs that may have accrued, including the board of the prisoner in jail, if committed, discharge the recognizance or supersede the commitment by an order under his hand; which order shall be filed with the recognizance or recorded in the jail book, as the case may require: and may also discharge all recognizances and supersede the commitment of every witness in the case. Every such order shall forever bar all remedy by civil action for such injury. SEC. 25. Whenever any magistrate in any county shall issue his warrant against any person charged with an offence committed within such county, and such person so charged as aforesaid shall escape into, reside or be in any other county, such magistrate may direct such warrant to each and all sheriffs, deputy sheriffs, town sergeants and constables within this state, requiring them to apprehend such person and him bring before such magistrate, to be dealt with according to law; and such officers shall obey and execute said warrant, and be protected from obstruction and assault therein, as in service of other process. SEC. 26. Every person who shall be convicted of any crime or offence before any magistrate, shall be liable to pay all the costs of his prosecution and conviction, and the payment of the same shall be a part of his sentence: and in case he shall be imprisoned he shall be kept in imprisonment until such costs are paid, or remitted, including also all costs of his commitment. SEC. 27. In addition to the punishment prescribed by law, the magistrate may require such person to enter into recognizance with such sufficient surety, and in such sum as he shall direct, with condition to keep the peace towards all the people of this state for a certain time thereafter, not exceeding eleven months; and upon the refusal or neglect of such person to comply with such requirement, the same course shall be pursued as is provided on neglecting to comply with sentence in cases of threats. SEC. 28. Every such recognizance shall be certified to the clerk of the court of common pleas, next to be holden in the same county, and filed by the clerk of said court in the papers of his said office; and in case any person under such recognizance shall fail to perform the condition thereof, his default shall be recorded, and process shall issue against the persons bound in such recognizance, or such of them as the attorney-general shall direct. SEC. 29. Every person who shall be convicted before any magistrate of any crime or offence, and who shall be fined therefor, shall be committed to the jail in the same county, in case of nonpayment of said fine. SEC. 30. When complaint shall be made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that any money or other thing which is the subject of larceny, has been stolen or embezzled, or obtained by false tokens or pretences, within this state or elsewhere, and that the complainant believes that the same is concealed in some house or place within the county where such complaint shall be made, and in such complaint particularly described, such magistrate, if he be satisfied that there is reasonable ground for such belief, shall upon the complainant's giving recognizance in the sum of fifty dollars, with surety to the satisfaction of such magistrate, to indemnify the state against all costs if nothing be found on such warrant, issue his warrant directed to the sheriff, his deputy, or to either of the town sergeants, city sergeants or constables in said county, commanding them in the name of the state, diligently to search the house or place therein described, in the daytime, and to bring said money or thing stolen, if the same shall be found therein, and the person or persons in whose possession or custody the same shall be, before said magistrate or some other magistrate in the same county; which warrant any such officer is hereby authorized and required to exe cute. SEC. 31. When any such warrant shall be returned executed, to any such magistrate, all the money or other things returned therewith shall be safely kept according to the direction of such magistrate, for the purpose of being used as evidence on any trial, and as soon as may be afterwards shall be restored to the owner or owners thereof. SEC. 32. Whenever any such property so recovered shall be used as evidence in any criminal trial, all the costs of such search-warrant, together with the costs of keeping such property, shall be taxed in the bill of costs. CHAPTER 221. OF APPEALS FROM JUSTICES OF THE PEACE, IN CRIMINAL CASES. SECTION 1 and 2. Appeal from sentence of justice in criminal cases within their jurisdiction, to what court, when and how to be taken. SECTION 3. Appellant, neglecting to give recognizance, to be committed, and for what period. SECTION 5. Power of appellant to pay fine and SECTION costs, and be discharged from recognizance of appeal. 6. Appeal, how tried in appellate court, and judgment in common pleas on, final. SECTION 1. Any person aggrieved by any sentence of any magistrate, justice of the peace or court exercising the jurisdiction of a justice of the peace, pronounced against him, on any complaint, for threats, assault or battery or both, or for theft or for any offence which is or shall be within the jurisdiction of such magistrate to try and determine, may appeal from such sentence to the supreme court or to the court of common pleas then next to be holden in the same county, after ten days: Provided, such appeal be prayed at the time of passing such sentence. SEC. 2. Upon such prayer for appeal, the appellant shall be required to give recognizance in such sum as such magistrate, justice or court shall direct, and with surety to the satisfaction of such magistrate, justice or court, with condition, that he will file his reasons of appeal, together with a copy of the whole case in the court appealed to, on or before the second day of the next term thereof as aforesaid, that he will appear before said court and there prosecute his appeal with effect, and abide or perform the order or sentence of said court in said case, and that he will in the mean time keep the peace towards all the people of this state; which recognizance such magistrate shall forthwith certify to the court appealed to. SEC. 3. Upon the neglect of such appellant to give such recog nizance, he shall forthwith be committed to the jail in the same county, there to remain until he give such recognizance or be discharged by order of law. SEC. 4. If such appellant shall neglect to file a copy of the whole case in the court appealed to, on or before the second day of the next term thereof, he shall be defaulted in the appellate court on his recognizance, and the appellate court shall forthwith certify such neglect to the magistrate, justice of the peace or court exercising the jurisdiction of a justice of the peace, from whose sentence the appeal was taken; and such magistrate, justice or court shall thereupon deliver to the attorney-general a certified copy of the whole case, which shall be by the attorney-general filed and entered in the appellate court; and the proceedings thereon in the appellate court shall be the same, and shall be conducted in the same manner as if the appellant had filed said copy on or before said second day of said term. SEC. 5. Such appellant may at any time before the reasons of appeal are by law required to be filed, pay to the magistrate, justice or court, from whose sentence the appeal shall have been taken, or to the clerk of any such court, the fine and costs which shall have accrued; and thereupon the said justice, court or clerk of such court, shall discharge the recognizance taken upon the ap peal; but if the recognizance shall have been certified to the court appealed to, the same shall be discharged by such court, or the clerk thereof, upon the presentation of the certificate of the justice or court appealed from, that the fine and costs have been paid as aforesaid. SEC. 6. Such appeal shall be heard and tried in the appellate court with a jury, and the judgment or sentence of the court of common pleas therein, shall be final except in matters of law. SECTION CHAPTER 222. OF PROCEEDINGS IN CRIMINAL CASES. 1. Criminals to be tried on indictment unless on appeal from magistrate. 2. Criminal's addition required in indictment, warrant, &c., but amendable. 3. Persons whose names are unknown, how to be proceeded against. 4. Defects of form amendable, and defects of substance, when. 5. Averments in indictment for perjury, what may be. 6. Criminals, in what county to be proceeded against. 7. Crimes committed on Narragansett bay out of county of Providence, where. 8. Power of courts to send capias into any county, in case prisoner be in another county, and of proceedings on capias. 9. Recognizance, how taken in such case, and returned, and of recognizance at the jail. 10. Officers, protected in executing such capias. 11. What offences triable exclusively by supreme court. 12. What offences bailable exclusively by said court, or a justice thereof, or by 13. Persons in jail for crime, by whom 14. Persons imprisoned for murder, &c., to be bailed or discharged at second term, if not indicted. 15. Persons indicted and imprisoned for SECTION such crimes, when entitled to be tried or bailed at next term after pleading to indictment. 16. Plea to be entered in case of standing 17. Peremptory challenges limited. 20. In what criminal cases depositions may 21. Such depositions, before whom and how taken. 22. Where taken, in case accused be sick or in jail. |