plaint or information particularly described, and such proceedings had thereon for the forfeiture of such gambling implements or apparatus as is by law prescribed for forfeiture of personal property, under penal statutes. SEC. 9. Upon final judgment of forfeiture of such implements or apparatus, either in the original or appellate court, or upon forfeiture of the recognizance given by the claimant to prosecute his appeal according to law, the court or justice shall order in writing, such implements and apparatus to be destroyed by any officer authorized to serve the criminal process of such court or justice; which officer shall make return of his doings upon such order to said court or justice as in other cases. SEC. 10. No officer complaining or informing as aforesaid, shall be required at the time of making such complaint to enter into recognizance, or in any way to become liable for the costs that may accrue thereon, or for any damages on account of such seizure. SEC. 11. In addition to the fees allowed by law, the officer who shall make service of any warrant for the seizure of any gambling implements or apparatus under the provisions of this chapter shall be allowed therefor the sum of one dollar; for the removing of any gambling implements or apparatus so seized to a place of safety, one dollar and all necessary expenses incurred in such removal; which fees shall be included in the bill of costs and taxed by the justice or court. SEC. 12. In any prosecution for an offence, and in any action or proceeding whatever, under the provisions of this chapter, any person playing at the game in relation to which the prosecution, action or proceeding may be instituted, though the party prosecuting, suing or complaining, shall be a competent witness for the advancement of such prosecution, action or proceedings, and may be compelled to answer as to any matter relating thereto. SEC. 13. If any person shall make any bet, or lay any wager of any kind upon any horse, to start or run therefor, he shall be fined one hundred dollars. SEC. 14. If any person shall knowingly suffer or permit any horse belonging to him to start or run for any bet or wager, he shall forfeit his horse starting or running as aforesaid, for the use of the state. SEC. 15. If any person shall cause or encourage the fighting of any dog with another, or a dog with any other animal without reasonable cause, or shall make any bet, or lay any wager of any kind upon the result of such fight, he shall be fined not exceeding twenty dollars or be imprisoned not exceeding three months. SEC. 16. All bills, bonds, notes, judgments, mortgages, deeds or other securities, as well as promises, given or made for money, lands, houses or other property, or article, or piece of property, real or personal or mixed, won at any game, or by betting at any game, or by betting at any race or fight, whether the same be between man or beast, or man and beast, or for the repayment of any money knowingly lent for such gaming or betting, shall be utterly void. SECTION 1. Every act and omission which is an offence at common law, and for which no punishment is prescribed by this title, may be prosecuted and punished as an offence at common law. Every person who shall be convicted of any such offence at common law, shall be imprisoned for a term not exceeding one year, or fined not exceeding one thousand dollars. SEC. 2. Every person who shall aid, assist, abet, counsel, hire, command or procure another to commit any crime or offence, shall be proceeded against as principal, or as an accessory before the fact, according to the nature of the offence committed; and upon conviction shall suffer the like punishment as the principal offender is subject to by this title. SEC. 3. Every person not standing in the relation of husband or wife, parent or grand parent, child or grandchild, brother or sister, by consanguinity or affinity, to another who shall have committed any offence, or been accessory before the fact to the commission of any offence, who shall be convicted of knowingly harboring or relieving such other person, with intent that he shall escape or avoid detection, arrest, trial or punishment, shall be imprisoned not exceeding five years, or fined not exceeding one thousand dollars. TITLE XXXI. Of Proceedings in Criminal Cases. CHAPTER 220. Of the criminal jurisdiction of, and of certain criminal proceedings before justices of the peace. CHAPTER 221. Of appeals from justices of the peace in criminal cases. CHAPTER 223. Of fugitives from justice, and protection of officers from adjoining states. CHAPTER 224. Of coroners and their inquests. CHAPTER 220. 489. 696. OF THE CRIMINAL JURISDICTION OF, AND OF CERTAIN CRIMINAL PROCEEDINGS BEFORE JUSTICES OF THE PEACE. SECTION 1. Wardens, empowered as justices of the 2. Power of justices of the peace to fine 4. Power of, to receive complaints for 5. Of recognizance for costs in such case, issue, direction and exigence of war rant. 6. Of duty of inquiry, in such case, and power of justice to require recognizance with surety to keep the peace. 7. Power to commit in case recognizance not given, and costs paid. 8. Such recognizance, to whom to be certified. 9. Duty of magistrate in case complaint in which recognizance for costs is given be dismissed; of execution for costs against complainant and surety, SECTION and of disposition of costs when col- 10. Duty of justice to receive complaint of 13. Duty of, on complaint for assault and 14. Like duty of, in case of larceny and cruelty to animals. 15. Duty of, to tax and issue execution for costs, in case of discharge of respondent, and recognizance for costs given. 16. Duty of, to discharge persons suspected of crime beyond jurisdiction of justice, if such persons not probably guilty. 17. Duty of, to require recognizance of such persons, or to commit them if not bailable, and probably guilty. SECTION 18. Duty of, to commit such person not giving recognizance required. 19. Power of, to adjourn trial or examination. 20. In case of adjournment, accused to be 21. Duty of, if recognizance defaulted. 25. Power of, to issue warrant to appre- 26. Persons convicted before, to pay costs as part of their sentence. SECTION 27. Power of, to require persons convicted 29. Persons convicted before, where to be 30. Search-warrant for goods stolen, em- 31. Money and other things obtained by 32. Costs of warrant, and expenses of property obtained on it, to be taxed in trial, in which such property is used as evidence. SECTION 1. Wardens, in the several towns in which they are by law chosen, shall have the same powers in criminal cases throughout their respective towns, that justices of the peace have in their respective counties. SEC. 2. Every justice of the peace within the county in which he resides shall have jurisdiction and cognizance of all crimes, offences and misdemeanors done or committed within the said county, punishable by fine not exceeding twenty dollars, or by imprisonment in a county jail not exceeding three months; and of all other criminal matters which are or shall be declared specially to be within his jurisdiction by the laws of this state, which shall be legally brought before him; with power to proceed to trial, render judgment, pass sentence, and award a warrant for execution thereof. SEC. 3. Every justice of the peace within the county in which he resides, shall have cognizance over all other crimes, offences and misdemeanors against the laws of this state, other than those in the section next preceding mentioned, which shall be done or committed within said county, and legally brought before him; and shall have power to cause all persons guilty or suspected to be guilty thereof, to be apprehended, examined, bailed or committed to jail, according to law, to answer therefor before the supreme court or court of common pleas. SEC. 4. Whenever complaint shall be made to any justice of the peace within his county, that any person has, within said county, threatened to commit any crime or offence against the person or property of another, such justice shall examine such complainant, under oath or affirmation, reduce his complaint to writing, and cause the same to be signed by the complainant. 1 SEC. 5. If the complainant shall then, before such justice, enter into a recognizance in such sum, not exceeding fifty dollars, and with such surety, as the justice shall direct and approve, with condition to prosecute such complaint to final judgment with effect, or in default thereof to pay the costs that may accrue thereon, to the state, or to the person or persons accused, such justice shall issue his warrant, returnable forthwith, annexing thereto, said complaint, or reciting the substance of the same therein, directed to the sheriff, deputy sheriff, town sergeants, city sergeants and constables in said county, and to the like officers in the county in which the accused may be supposed to belong, reside or be found, and requiring the officer who shall be charged with the service of the same, forthwith to apprehend the accused and have him before said justice, or some other magistrate having jurisdiction over such complaint, to answer thereto. SEC. 6. When any party accused shall be brought before any such magistrate, it shall be the duty of such magistrate judicially, by the oath or affirmation of the complainant or witnesses, as well for as against the accused, to inquire into the truth of such complaint; and if it shall appear that said complaint is true, and that there is reasonable cause to fear that such threat would be carried into execution, the person accused shall be sentenced to enter into recognizance, with sufficient surety and in such sum as the magistrate shall direct; with condition to keep the peace towards all the people of this state, and especially towards the person against whom or against whose property the threat shall have been made, for a certain time thereafter, not exceeding eleven months, and to pay all the costs of his prosecution and conviction. SEC. 7. Upon complying with such sentence, the accused shall be discharged, but on neglecting so to do he shall be committed to the county jail in the same county, there to remain during the term for which he was sentenced to give such recognizance, and until said costs are paid, and also all the costs of his commitment and board while in jail; or until he shall enter into the recognizance required by such sentence, before some magistrate in the same county, and pay the costs and board as aforesaid. SEC. 8. Every recognizance taken in pursuance of such a sentence, 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 with the papers of his said office. SEC. 9. If the magistrate before whom such warrant shall be returned, or any warrant triable before him, upon which recognizance with surety for costs may be by him required, shall not consider the complaint, after trial, to be supported by the evidence adduced, he shall forthwith discharge the accused, and as soon as may be, tax the costs that have accrued thereon, including therein the attendance and travel of the witnesses summoned and present or sworn by the complainant; and if such costs are not paid within ten days, he shall issue execution for the same against the complainant and his surety, returnable in twenty days from the date thereof. Such costs when collected shall be paid to said mag |