Permitting exhibitions in

one's house.

Accessories.

Fines, &c.

cines recommended to be useful in various disorders; every person, so offending, being thereof duly convicted, before the county court, shall forfeit and pay, for every such offence, a sum not exceeding two hundred dollars, nor less than sixty dollars, one half to him or them who shall sue for, and prosecute the same to effect, and the other half to the treasury of the county; and if such offender be a minor, or an apprentice, under the age of twenty-one years, or a servant, such fine or penalty shall be paid by his parent, guardian or master.

SECT. 89. If any person within this state shall suffer any such mountebank to vend his medicine, or any person to exhibit any tricks of tumbling, rope-walking, or dancing, puppet-shows, or any uncommon feats of agility of body, for money, or other cause, before any collection of spectators, in his or her house, or its dependencies; every such person, so offending, being thereof duly convicted, shall forfeit and pay, for every such offence, the sum of seven dollars, one half to him or them who shall sue for and prosecute the same to effect, and the other half to the treasury of the town wherein such offence shall be committed.

SECT. 90. Be it further enacted, That every person who shall aid, assist, abet, counsel, hire, or command any person or persons, to commit any crime or offence in this act before mentioned, being thereof duly convicted, shall suffer the same punishment as that to which the principal offender is subject.

SECT. 91. In all cases where a fine, penalty, or forfeiture is provided and inflicted by this act, as a punishment for any offence, and one moiety thereof is given to the person or persons aggrieved, or to him or them who shall sue for and prosecute the same to effect, and the other moiety to the state, county, or town treasury, it shall be the duty of all proper informing officers to make presentment of such offence to the court having cognizance thereof, and in case of conviction, on such present Disposition of ment, the whole of such fine, penalty, or forfeiture, shall penalty. go and belong to the state, county, or town-treasury.

Duty of informing offi

cers.

Punishment of

flicted.

SECT. 92. The punishment of death, herein before death, how in- mentioned, shall, in all cases, be inflicted by hanging by the neck, at such time as the court shall direct, not less than thirty days after the conviction; and the punishImprisonment ment of imprisonment in new-gate prison, shall be subin new-gate; ject to the provisions of law, relating to said prison; and in a common that of imprisonment in a common gaol, shall be subject to the provisions of law, relating to gaols and gaolers.

gaol.

SECT. 93. If any person, having been convicted of Second coneither of the crimes aforesaid, the punishment whereof is viction. imprisonment in new-gate prison, for a term less than for life, shall again be convicted of the same crime, or of either of such crimes, he shall, on such second conviction, suffer imprisonment in said prison, for a term not exceeding double the term for which he would be liable to suffer, without such former conviction; and if any person shall be convicted a third time, of either, or any Third convicof said crimes, he shall suffer imprisonment in said new- tion. gate prison, during his natural life.

SECT. 94. On the conviction of any female, of any of Imprisonment the crimes in this act specified, the punishment whereof of females, is imprisonment in new-gate prison, such female shall, instead of being confined in said new-gate prison, be liable and subjected to confinement with none but females, in the common work-house in the county where such offence is tried, there to be kept at such labor as may be suitable, and to be under the direction of the overseers of said work-house; or to imprisonment, in the common gaol in such county, there to be kept to labor as aforesaid, under the direction of the keeper of such gaol; according to the direction of the court before whom such conviction is had, and for the same period, for which the offender, if a male, would be liable to suffer imprisonment in newgate prison.

SECT. 95. Any male person, who shall be guilty, and When newconvicted of any crime, the punishment whereof is, or gate prison is shall be, confinement in new-gate prison, at any time out of repair, prisoners may when said prison may be out of repair, may be confin- be confined in ed in any of the gaols in the state, until such prison shall common gaols. be in a condition to receive him.

tried.

SECT. 96. All persons charged with any of the offences Offenders, herein before mentioned, shall be tried in the county where to be wherein the offence shall have been committed, except that persons, charged with bigamy, may be tried in the county where they shall be apprehended; and where theft shall be committed in one county, and the property Theft. stolen be carried into another, the offender may be tried in either county. If a person be wilfully and maliciously stricken or poisoned, in one county, and die of the same stroke or poison, in another county, within one year thereafter, the offender shall be tried in the county where such stroke or poison was given.

Murder.

SECT. 97. All persons detained in gaol for trial, for an Bail. offence not capital, shall be entitled to bail, to be taken by one or more of the judges of the court having cognizance of the offence.

Jurisdiction of judges of superior court;

of justices of -the peace.

Authority of justices of the peace to bind

over.

To whom recognizance

SECT. 98. The superior court shall have cognizance of all offences, whereof any part of the punishment is, or may be, death, confinement in new-gate prison, or incapacity to hold office, and also of high crimes and misdemeanors at common law; and the several justices of the peace shall have cognizance of all offences, punishable by a fine or forfeiture, not exceeding seven dollars.

SECT. 99. If any person or persons shall be brought before a justice of the peace, for any matter of a criminal nature, which is not determinable by a single minister of justice, such authority shall recognize, with surety, such person or persons, if bailable, to appear before the court proper to try and determine the same, and for want of sufficient bail, to commit him or them to gaol, for the purpose aforesaid; and also to commit all such as are not by law bailable, that they may be brought to justice; and the bond of recognizance, which such justice of the peace

shall be taken. hay take, shall, if the record is returnable to the county

Persons committed for

want of recogto be relieved.

nizance, how

Right of appeal.

Judgment on view.

Authority of justice of the

court, be given to the treasurer of the county, and, if returnable to the superior court, to the treasurer of the state.

SECT. 100. In all cases wherein a recognizance has been, or may be, required from any person, by a justice of the peace, such person, if confined in a gaol for neglecting or refusing to recognize, may be relieved, by entering into a proper recognizance, before any judge of the superior court, or any judge of the county court, in the county wherein such person may be confined.

SECT. 101. When any person shall be convicted, before a justice of the peace, of any crime, except drunkenness, profane swearing, cursing, or sabbath-breaking, he shall have liberty of appeal to the next county court; provided he gives sufficient security for his appearance, and for abiding the judgment that may be given by the county court therein.

102. When any justice of the peace shall have plain view, or personal knowledge, of any person's being guilty of drunkenness, profane swearing, cursing, or sabbathbreaking, it shall be accounted good and sufficient evidence in the law, for such justice to make up a judgment against such person or persons, so offending, having first caused such person or persons to be brought before him. But no judgment shall be rendered, by a justice of the peace, against any person, for any other offence, whether on confession or otherwise, without previous complaint and warrant.

SECT. 103. Every justice of the peace shall have aupeace to issue thority to issue process, to be served in any part of the state, to apprehend, and bring before him, any person

process.

against whom complaint is made, for any criminal offence, for which he ought to be brought before such justice for trial, or examination; and may, in like manner, grant summons, or capias, for witnesses, in such cases.

SECT. 104. The superior court, and the several coun- Grand-jury ty courts in this state, shall have power, when there shall be occasion, to order a grand-jury of eighteen, of those chosen by the respective towns in the county, or other sufficient freeholders of the county, wherein the court is sitting, to be summoned, impannelled, and sworn, to enquire after, and present such criminal offences as shall be cognizable by said courts respectively. And no person Indictment, in shall be held to trial, or put to plead, to any complaint, what cases neinformation, indictment, or accusation, for any crime, the cessary. punishment of which may be death, or imprisonment for life, unless a bill of indictment be found against such person for such crime, by a grand-jury, legally impanneled and sworn; and no bill of indictment shall be presented by any grand-jury, unless twelve, at least, of the jurors agree to it.

SECT. 105. If the grand-jury shall, in the same indict- Proceedings ment, charge any woman with the wilful murder of her on indictment infant bastard child, as well as with being secretly deliv- der of bastard charging murered of such child, and of concealing the death thereof, child, &c. or either of such offences, and it shall appear to the jury of trials, that she is guilty of the murder charged, she shall be thereupon convicted of murder, and suffer the pains of death, as in case of murder; but if it shall not appear to the same jury, that she is guilty of the murder charged in the indictment, but only of either, or both the other offences aforesaid, then the same jury may acquit her of the charge of murder, and find her guilty of the other of fences aforesaid, or either of them, as the case may be.

SECT. 106. Any person arraigned before the superior Peremptory court for trial, on an indictment for any offence, by law challenge of jurors. punishable with death, shall have liberty, peremptorily, and without giving any reason, to challenge twenty of the jurors, summoned and impanneled for said trial, and no more, without shewing suflicient reasons.

Evidence in prosecutions for forging or putting off forged bank

SECT. 107. No person shall be convicted of any crime, Evidence in by law punishable with death, but upon the testimony of capital cases. two or three witnesses, or that which is equivalent. SECT. 108. In a prosecution against any person, for forging or altering any bill or bills, purporting to be issued by any bank, not incorporated by the authority of this state, or for putting off such bills, knowing them to be forged or altered, the deposition of the president, cashier, or any clerk of such bank, duly taken, shall be admitted to prove the existence of such bank, and that such

bills.

Witness, how

compelled to appear and

testify.

Proviso.

Compensation to witnesses without the state.

Contempt of

court.

bill, or bills are forged or altered: and in such prosecutions, the testimony of witnesses who have the means of knowledge, shall be admitted to prove, that bills of the description of those charged to be forged or altered, pass and are received, as true bills; and that the bill or bills for which the prosecution is pending, is, or are different from the true bills, and is, or are treated and considered as false, forged, or altered.

SECT. 109. If any person who shall be required to appear and give his evidence, upon the examination or trial of any delinquent, or criminal, or an offender against any penal law, shall refuse to appear, or make oath to declare his knowledge in the matter, or cause, the court, or justice, holding such examination or trial, may apprehend and commit the person, so refusing, to gaol, there to remain, at his own cost, until he shall give evidence as aforesaid: Provided, that no person shall be compelled or required to give evidence against himself, nor shall any evidence, given by him as aforesaid, be, at any time, construed to his prejudice.

SECT. 110. Whenever, in any criminal prosecution before the superior court, or any county court in this state, it shall be necessary to obtain the testimony of any witness residing without this state, it shall be lawful for such court to allow to such witness a just and reasonable sum for his or her time and expenses, in coming to, attending upon, and returning from such court, to be taxed and paid as in other cases.

SECT. 111. If any person, in the presence of any court, shall, either by words or actions, behave contemptuously or disorderly, it shall be in the power of the court to inflict such punishment upon him, by fine or imprisonment, as shall be judged reasonable: Provided, however, that no single minister of justice shall inflict a greater fine Limitation of than seven dollars, nor a longer term of imprison punishment.

Direction of court to the

jury.

Writ of error.

Warrant and execution.

ment than one month; and no other court shall inflict a greater fine than one hundred dollars, nor a longer term of imprisonment than six months.

SECT. 112. It shall be the duty of the court to state their opinion to the jury, upon all questions of law, arising in the trial of a criminal cause, and to submit to their consideration both the law and the fact, without any direction how to find their verdict.

SECT. 113. The party aggrieved by manifest and material error appearing of record, in any criminal prosecution, may be relieved by writ of error, in the same manner as in civil actions.

SECT. 114. When any sheriff, deputy-sheriff, or constable, shall receive a warrant from any court or justice,