shall be punished by imprisonment in the State prison not more than ten years; 2. If the offence so attempted to be committed is punishable by imprisonment in the State prison for life, or for five years or inore, the person convicted of such attempt, shall be punished by imprisonment in the State prison not more than three years, or in the county jail not more than one year; 3. If the offence so attempted to be committed is punishable by imprisonment in the State prison for a term less than five years, or by imprisonment in the County jail, or by fine, the offender convicted of such attempt shall be punished by imprisonment in the County jail not more than one year, or by fine not exceeding three hundred dollars; but in no case shall the punishment by imprisonment exceed one half of the greatest punishment which might have been inflicted if the offence so attempted had been committed. sentenced. (5948.) SEC. 12. When any person shall be convicted of any convicts before offence, and shall be duly sentenced therefor to confinement in the State prison of this State, for one year or more, and it shall be alleged in the indictment on which such conviction is had, and admitted or proved on the trial, that the convict has before been sentenced to a like punishment by any Court in this State, or in any other of the United States, for a period not less than one year, he shall be sentenced to be punished by imprisonment in the State prison not more than seven years, in addition to the punishment prescribed by law for the offence of which he shall then be convicted. before sentenced. (5949.) SEC. 13. When any such convict shall have been convicts twice twice before sentenced to imprisonment at hard labor, for a period of not less than one year at each time, by any Court in this State, or in any other of the United States, he shall be sentenced to imprisonment at hard labor for life, or for a term of not less than seven years in addition to the punishment prescribed by law for the offence of which he shall then be convicted. etc., abolished. (5950.) SEC. 14. The plea of benefit of clergy, and the Benefit of Clergy, distinction between murder and petit treason, are abolished, Cass Code, 31. and the last named offence shall be prosecuted and punished as murder. (5951.) SEC. 15. Prosecutions by appeal, for murder, man- Prosecution by appeal for murslaughter, rape, arson or other crime or offence, and trials by der, etc., abolbattle, are in all cases abolished. ished. How Jury may find when offence ent degrees. (5952.) SEC. 16. Upon an indictment for any offence, consistconsists of differing of different degrees, as prescribed in this title, the jury 2 Metcalf, 193. may find the accused not guilty of the offence in the degree charged in the indictment, and may find such accused person guilty of any degree of such offence, inferior to that charged in the indictment, or of an attempt to commit such offence. (5953.) SEC. 17. When a defendant shall be acquitted or not to be tried convicted upon any indictment for an offence, consisting of different degree different degrees, as prescribed in this title, he shall not thereafter be tried or convicted for a different degree of the same offence; nor shall he be tried or convicted for any attempt to commit the offence charged in the indictment, or to commit any degree of such offence. De fendant once thereafter for a of the same of fence. Felony' defined. 2 Mich. Rep., 550. Felonious," and feloniously" defined. Personal property" defined. "Property" deSined. Offences indicta ble at Common ished when no is made, etc. (5954.) SEC. 18. The term "felony," when used in this title, or in any other statute, shall be construed to mean an offence for which the offender, on conviction, shall be liable by law to be punished by death, or by imprisonment in the State prison. (5955.) SEC. 19. The term "felonious," when used in any statute, shall be construed as synonymous in meaning with the word "criminal," and the term "feloniously," when so used, as synonymous in meaning with the word "criminally." (5956.) SEC. 20. The term "personal property," as used in this title, shall be construed to mean goods, chattels, effects, evidences of debt, of rights in action, and all written instruments by which any pecuniary obligation, or any right or title tc property real or personal, shall be created, acknowledged, transferred, increased, defeated, discharged or diminished. (5957.) SEC. 21. The term "property," as used in this title, includes personal property as defined in the preceding section, and also every estate, interest and right in lands, tenements and hereditaments. (5958.) SEC. 22. Every person who shall commit any indictLaw, how pun-able offence at the common law, for the punishment of which other provision no provision is expressly made by any statute of this State, 1840, p. 45, Sec shall be punished by imprisonment in the County jail not more than two years, or by fine not exceeding two thousand dollars, or both, in the discretion of the Court. 8. TITLE XXXIX. OF PROCEEDINGS IN CRIMINAL CASES. CHAPTER CXCIII. Of Proceedings to Prevent the Commission of Crime. CHAPTER CXCIV. Of the Arrest and Examination of Offenders, Commitment for Trial and Taking Bail. CHAPTER CXCV. Of Indictments and Proceedings before Trial. CHAPTER CXCVI. Of Trials in Criminal Cases. CHAPTER CXCVII. Of New Trials and Exceptions in Criminal Cases. CHAPTER CXCVIII. Of Inquests on the View of Dead Bodies. CHAPTER CXCIX. Of Judgments in Criminal Cases and the Execution thereof. CHAPTER CC. Miscellaneous Provisions Concerning Proceedings in Criminal Cases. Mass. R. S, Ch. 134. Officers authorized to keep the peace. Complaint, how made. Arrest Trial; Recogniz ance. 4 Mass., 497. Chapter One Hundred and Sixty Two of Revised Statutes of 1846. (5959.) SECTION 1. The Justices of the Supreme Court, Judges of County Courts, Circuit Court Commissioners, all Mayors and Recorders of cities, and all Justices of the Peace, shall have power to cause all laws made for the preservation of the public peace, to be kept, and in the execution of that power, may require persons to give security to keep the peace, in the manner provided in this chapter. (5960.) SEC. 2. Whenever complaint shall be made in writing and on oath, to any such magistrate, that any person has threatened to commit any offence against the person or property of another, it shall be the duty of such magistrate to 'examine such complainant, and any witnesses who may be produced, on oath, to reduce such examination to writing, and to cause the same to be subscribed by the parties so examined. (5961.) SEC. 3. If it shall appear from such examination, that there is just reason to fear the commission of any such offence, such magistrate shall issue a warrant under his hand, directed to the Sheriff or any Constable of the county, reciting the substance of the complaint, and commanding him forthwith to apprehend the person so complained of, and bring him before such magistrate. (5962.) SEC. 4. When the party complained of is brought before the magistrate, he shall be heard in his defence, and 8 B. & A., 278. he may be required to enter into a recognizance with sufficient 8 do 73. Party, when discharged. Refusing to re cognize to be committed. sureties, in such sum as the magistrate shall direct, to keep the peace towards all the people of this State, and especially towards the person requiring such security, for such term as the magistrate may order, not exceeding one year, but shall not be bound over to the next Court, unless he is also charged with some other offence, for which he ought by law to be held to answer at such Court. (5963.) SEC. 5. Upon complying with the order of the magistrate, the party complained of shall be discharged. (5964.) SEC. 6. If the person so ordered to recognize, shall refuse or neglect to comply with such order, the magistrate shall commit him to the County jail, during the period for which he was required to give security, or until he shall so recognize; stating in the warrant the cause of commitment, with the sum and the time for which such security was required. when to pay (5965) SEC. 7. If, upon examination, it shall not appear complainant that there is just cause to fear that any such offence will be costs. committed by the party complained of, he shall be forthwith discharged; and if the magistrate shall deem the complaint unfounded, frivolous or malicious, he shall order the complainant to pay the costs of the prosecution, who shall thereupon be answerable to the magistrate and the officers for their fees, as for his own debt. in other cases. (5966.) SEC. 8. When no order respecting the costs is made Payment of costs by the magistrate, they shall be allowed and paid in the same manner as costs before Justices in criminal prosecutions; but in all cases where a person is required to give security to keep the peace, the Court or magistrate may further order that the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed, until such costs are paid, or he is otherwise legally discharged. (5967.) SEC. 9. Any person aggrieved by the order of any Appeal allowed. Justice of the Peace, requiring him to recognize as aforesaid, may, on giving the recognizance to keep the peace required by such order, appeal to the Circuit Court for the same County. cognize. (5968.) SEc. 10. The Justice from whose order an appeal is witnesses to retaken, shall require such witnesses as he may think necessary to support the complaint, to recognize for their appearance at the Court to which the appeal is made. order of justice, pellant, etc. (5969.) SEC. 11. The Court before which such appeal is Court may affirm prosecuted, may affirm the order of the Justice, or discharge or dis harge ap the appellant, or may require the appellant to enter into a new recognizance, with sufficient sureties, in such sum, and for such time, not exceeding one year, as the Court shall think proper, and may also make such order in relation to the costs of prosecution, as may be deemed just. when to remain (5970.) Sec. 12. If any party appealing shall fail to prosecute Recognizance, his appeal, his recognizance shall remain in full force and effect, in force. as to any breach of the condition, without an affirmation of the judgment or order of the Justice, and shall also stand as a security for any costs which shall be ordered by the Court appealed to, to be paid by the appellant. ted how dis. (5971.) SEC. 13. Any person committed for not finding Person commit sureties, or refusing to recognize, as required by the Court or charged. magistrate, may be discharged by any Judge, Circuit Court |