Abbildungen der Seite
PDF
EPUB

of one

person, for the

against the executor or executors, administrator or administrators, if not satisfied, shall be no bar to the suit or action against the heir or heirs, devisee or devisees. Sec. 11. If no person shall administer on the goods and chattels of a deceased space

year after his or her death, a separate suit or action may be maintained against the heir or heirs, devisee or devisees, on all the contracts and undertakings of such deceased person.

Sec. 12. In all actions or suits commenced under the provisions of the preceding sections, the facts authorizing the suit to be brought separately against the heir or heirs, devisee or devisees, shall be distinctly set forth in the declaration.

APPROVED : March 3, 1845.

CHAPTER XLV.

FUGITIVES FROM JUSTICE.

SECTION
1. Fugitive from justice, when demanded by ex.

ecutive of another State, Governor shall issue

warrant for his apprehension.
2. When executive of this State shall demand fugi-

tive from executive of another State, he shall
issue his warrant to messenger appointed to

receive fugitive.
3. Expenses, how paid.
4. When judge or justice may issue warrant for

apprehension of fugitives, if found guilty on
examination, may be committed to jail, or
may be bailed, if offence bailable; examination

SECTON

to be reduced to writing, and returns thereof made to circuit court of the proper county;

further proceedings defined. 5. When party admitted to bail, and no demand

made, how court may proceed. 6. Forfeiture of recognizance, benefit of, to enure

to State. 7. When complaint made against fugitive, security

to be given for costs; further proceedings de

fined. 8. When prisoner escapes, Governor may offer re

ward for apprehension.

Section 1. Whenever the executive of any other State, or of any territory of the United States, shall demand of the executive of this State, any person as a fugitive from justice, and shall have complied with the requisitions of the act of Congress in that case made and provided, it shall be the duty of the executive of this State to issue his warrant under the seal of the State, to apprehend the said fugitive, directed to any sheriff, coroner, or constable of any county of this State, or other person whom the said executive may think fit to entrust with the execution of said process : Any of the said persons may execute such warrant any where within the limits of this state, and convey such fugitive to any place within this State, which the executive in his said warrant shall direct.

Sec. 2. Whenever the executive of this State shall demand a fugitive from justice from the executive of any other State, he shall issue his warrant, under the seal of the State, to some messenger, commanding him to receive the said fugitive

him to the sheriff of the proper county where the offence was mitted.

Sec. 3. The expenses which may accrue under the two foregoing sections, being first ascertained to the satisfaction of the executive, shall, on his certificate, be allowed and paid out of the State treasury, on the warrant of the auditor,

and convey

com.

Sec. 4. Whenever any person within this State shall be charged upon the oath or affirmation of any credible witness, before any judge or justice of the peace, with the commission of any murder, rape, robbery, burglary, arson, larceny, forgery or counterfeiting, in any other State or territory of the United States, and that the said person hath fled from justice, it shall be lawful for the said judge or justice to issue his warrant for the apprehension of said person. If, upon examination, it shall appear to the satisfaction of such judge or justice, that the said person is guilty of the offence alleged against him, it shall be the duty of the said judge or justice to commit him to the jail of the county; or is the offence is bailable according to the laws of this State, to take bail for his appearance at the next circuit court to be holden in that county. It shall be the duty of the said judge or justice to reduce the examination of the prisoner, and those who bring him, to writing, and to return the same to the next circuit court of the county where such examination is had, as in other cases ; and shall also send a copy of the examination and proceedings to the executive of this State, so soon thereafter as may be. If, in the opinion of the executive of this State, the examination so furnished, contains sufficient evidence to warrant the finding of an indictment against such person, he shall forthwith notify the executive of the State or territory, where the crime is alleged to have been committed, of the proceedings which have been had against such person, and that he will deliver such person on demand, without requiring a copy of an indictment to accompany such demand; when such demand shall be made, the executive of this State shall forthwith issue his warrant under the seal of the State, to the sheriff of the county where the said person is committed or bailed, commanding him to surrender him to such messenger as shall be therein named, to be conveyed out of this State. If the said person shall be out on bail, it shall be lawful for the sheriff to arrest him forth with, any where within the State, and to surrender him agreeably to said warrrant.

Sec. 5. In cases where the parties shall liave been admitted to bail, and shall appear at the circuit court according to the condition of his recognizance, and no demand shall have been made of him, it shall be in the power of the said court to discharge the said recognizance, or continue it, according to the circumstances of the case, such as the distance of the place where the offence is alleged to have been committed, the time that hath intervened since the arrest of the party, and the strength of the evidence against him. In no case shall such person be held in prison or to bail, longer than till the end of the second term of the circuit court after his caption. If no demand be made upon the sheriff for him within that time, he shall be discharged from prison, or exonerated from his recognizance, as the case

[ocr errors]

may be.

Sec. 6. If the recognizance shall be forfeited, it shall enure to the benefit of the State.

Sec. 7. In all cases where complaint shall be made as aforesaid against any fugitive from justice, it shall be the duty of the judge or justice to take good and sufficient security for the payment of all costs which may accrue from the arrest and detention of such fugitive; which security shall be by bond, to the clerk of the circuit court, conditioned for the payment of costs as above; which bond, together with a statement of the costs which may have accrued on the examination, shall be returned to the office of the clerk of the circuit court; and upon the determination of the proceedings against such fugitive within that county, the clerk shall issue a see bill as in other cases, to be served on the persons named in the bond, or any of

them ; which fee bill shall be served and returned by the sheriff, for which he shall be allowed the same fees as are given him for serving notices. If the fees be not paid, on or before the first day of the next circuit court to be holden in and for that county, nor any cause then shown why they should not be paid, the clerk may issue an execution for the same, against those parties on whom the fee bill has been served ; and when the said fees are collected, shall pay over the same to the persons respectively entitled thereto. The clerk shall be entitled to fifty cents for his trouble in each case, besides the usual taxed fees which are allowed in other cases for like services: Nothing herein contained shall prevent the clerk from instituting suits on said bonds, in the ordinary mode of judicial proceedings, if he shall deem it proper.

Sec. 8. If any person charged with, or convicted of treason, murder, rape, robbery, burglary, arson, larceny, forgery or counterfeiting, shall break prison, escape or flee from justice, or abscond and secrete himself, in such cases it shall be lawful for the Governor, if he shall judge it necessary, to offer any reward not exceeding two hundred dollars, for apprehending and delivering such person into the custody of such sheriff or other officer, as he may direct. The person or persons so apprehending and delivering any such person as aforesaid, and producing to the Governor, the sheriff's or justice's receipt for the body, it shall be lawful for the Governor to certify the amount of such claim to the auditor, who shall issue his warrant on the treasury for the same.

APPROVED: March 3, 1845.

CHAPTER XLVI.

GAMING.

SECTION

1, Gaming contracts and loans void.
2. Money lost by gaming may be recovered back,

or sued for by another; what actions may be

brought. 3. Judgments, conveyances, &c., given in violation

hereof, void.

SECTION
4. Assignment of obligation, &C.,, not to defeat

remedy.
5. Discovery may be enforced by bill; defendant

discovering and restoring money, discharged.

Section 1. All promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages or other securities or conveyances, made, given, granted, drawn or entered into, or executed by any person or persons whatsoever, where the whole, or any part of the consideration thereof, shall be for any money, property or other valuable thing, won by any gaming, or playing at cards, dice, or any other game or games, or by betting on the side or hands of any person gaming, or for the reimbursing or paying any money or property, knowingly lent or advanced, at the time and place of such play, to any person or persons so gaming or betting, or that shall, during such play, so play or bet, shall be void and of no effect.

Sec. 2. Any person who shall, at any time or sitting, by playing at cards, dice or any other game or games, or by betting on the side or hands of such as do

game,

lose to any one or more persons, so playing or betting, any sum or sums of money, or other valuable thing, amounting in the whole to the sum of ten dellars, and shall pay or deliver the same or any part thereof, the person or persons so losing and paying or delivering the same, shall be at liberty to sue for and recover the money, goods or other valuable thing, so lost and paid or delivered, or any part thereof, or the full value of the same, by action of debt, detinue, assunipsit or trover, from the respective winner or winners thereof, with costs, in any court of competent jurisdiction : in which action it shall be sufficient for the plaintiff to declare generally, as in actions of debt or assumpsit, for money had and received by the defendant to the plaintiff's use: or as in actions of detinue or trover upon a supposed finding, and the detaining or converting the property of the plaintiff to the use of the defendant, whereby an action hath accrued to the plaintiff, according to the form of this chapter, without setting forth the special matter. In case the person or persons who shall lose such money or other thing, as aforesaid, shall not within six months, really and bona fide, and without covin or collusion, sue, and with effect prosecute, for such money or other thing, by him lost and paid or delivered, as aforesaid, it shall be lawful for any other person to sue for, and recover treble the value of the money, goods, chattels and other things, with costs of suit, by special action on the case, against such winner or winners aforesaid ; one-half to the use of the county, and the other to the person suing.

Sec. 3. All judgments, mortgages, assurances, bonds, notes, bills, specialities, promises, covenants, agreements, and other acts, deeds, securities or conveyances, given, granted, drawn or executed, contrary to the provisions of this chapter, may be set aside and vacated by any court of equity, upon bill filed for that purpose, by the person so granting, giving, entering into, or executing the same, or by his executors or administrators ; or by any creditor, heir, devisee, purchaser or other person interested therein ; or if a judgment, the same may be set aside on motion of any person aforesaid, on due notice thereof given.

Sec. 4. No assignment of any bill, note, bond, covenant, agreement, judgment, mortgage, or other security or conveyance as aforesaid, shall, in any manner, affect the defence of the person giving, granting, drawing, entering into or executing the same, or the remedies of any person interested therein.

Sec. 5. In all actions or other proceedings commenced or prosecuted under the provisions of this chapter, the party shall be entitled to discovery as in other actions, and all persons shall be obliged and compelled to answer, upon oath, such bill or bills as shall he preferred against them for discovering the sum or sums of money, or other thing so won as aforesaid. Upon the discovery and repayment of the money or other thing, so to be discovered and repaid, the person or persons who shall discover and repay the same, as aforesaid, shall be acquitted, indemnified and discharged from any other or further punishment, forfeiture or penalty, which he or they might have incurred, by the playing for, or winning such money or other thing, so discovered or repaid as aforesaid.

APPROVED : March 3, 1845.

CHAPTER XLVII.

GUARDIAN AND WARD,

SECTION
1. Orphan minors over fourteen years of age, may

choose guardians; for those under that age,

probate court shall choose. 2. Minor over fourteen may be notified to appear

and choose guardian; if he do not, court of

probate may appoint for him. 3. When orphan has estate not derived from fa

ther, who may be guardian, and how appointed. 4, Guardians may prosecute and defend for their

wards. 5. Probate court shall take bond from guardian;

its condition; suit and recovery thereon. 6. Court may compel person to account, and to

give new security; may remove them for neg

lect.
7. Further power to remove; to appoint; how re-

moved guardian or representatives of de-
ceased person, may be compelled to deliver

papers, &c., to successor.
8. Guardians, may collect money of ward; may

loan money and lease real estate of ward; mi-
nority of female to cease at the age of eighteen

years.
9. Guardian, to educate and support ward; may

pay out ward's money therefor; what fund to
be first used.

SECTION
10. When personal estate fails, real estate may be

sold; proceedings in such cases; where ap-
plication to be made if ward be resident; where,

if non-resident. 11. Guardian to account for moneys on oath ; mon

eys, how disposed of. 12. Appeals to circuit court, allowed. 13. Minors may sue by next friend, who shall give

bond for costs. 14. Education of ward, when guardian removed for

neglecting. 15. Concerning the loaning of ward's money; bond

may include several minors. 16. Compensation of guardian. 17. Father may, by will, dispose of custody of liv.

ing or posthumous child; also, the mother, if

sole. 18. Rights and duties of person receiving such cus

tody. 19. Rights and duties of such person respecting es

tate of minor. 20. General supervision of probate court over guar.

dians.

of fourteen years.

Section 1. Courts of probate in their respective counties, shall admit orphan minors, above the age of fourteen years, the father being dead, to make choice of guardians, and appoint guardians for such as are under the age of fourteen years.

Sec. 2. Whenever it shall be represented to said court, that any orphan minor, above the

age

of fourteen years, has not a guardian, it shall be the duty of said court to issue a notification to such minor, to appear before the said court, at a time therein specified, and choose a guardian ; and if such minor shall neglect or refuse to appear, or, on appearing, shall neglect to choose a guardian, the said court shall appoint one for such minor, as if said minor were under the age

Sec. 3. When a minor, having a father living, shall be entitled to, or possessed of any estate, real or personal, not derived from his or her father, the said court of probate shall notify the father to appear and show cause why a guardian for such minor should not be appointed ; and if sufficient reason be not shown, may appoint the father, if he be a proper person, if not, then such other person as the minor, if of the age of fourteen years, may choose ; if such minor shall refuse or neglect, or be not of sufficient age to choose a guardian, the court shall appoint some fit person to be guardian for such minor. And when any person is appointed guardian, other than the father, he shall have the charge and management of the estate, but no control over the person of the minor.

Sec. 4. Guardians, by virtue of their office as such, shall be allowed in all cases, to prosecute and defend for their wards.

Sec. 5. The court of probate shall take of each guardian appointed under this chapter, bond with good security, in a sum double the amount of the minor's

« ZurückWeiter »