The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-01

then Al indictmens therof found by the Gran
Jurors of the county where The death shall hal
pen before the Justices ofthe Supreme Judi,
cial Cont there held, shsll be - good End ct
fectual in law Is f&he stroke had b-en given. Or
poisoning, or injury done IN the same county
where the parry shsli die.
SEcr ~. Bs ia flvfhsr enacted, That it any
nerson shall be indicted Of any offence against
this State for which the punishment 10 or sh.A
be declared 90 be desib, and shall stand mute.
or refu: 20 plead. the Court shall proceed Co
the trial Of the person 30 sssndiag mute IN the
same manner IS u he or she rad Plesded nos
guilty, and shall render Judgment sccordirgiy.
And no person who shall be indicted for any
such offence. shall be allowed 90 challenge per-
emptorIy above he number Of twenty persons
of the jury.
Sscr. 43. Be 10 farflsy snoetsa, That when any
person Indicted Of m, fIony. rhsii DC by tho
verdict Of the jury OF trials u7cn such indict--
ment acquitted from part at such Indictment.
and cony,c' ed OF the residue thereof. sny such
verdict may be accepted md recorded in the
Court where such trial shall DC and therevpon
such person 50 i.dicted, may be adjudg-d 10 &c
guilty Of the offence, If any, which shah spsesr
10 such Court 10 be subs, Antsliy alleged In snd
by the residue OF such Indictment. If the Same
shsh amount To felony, and shall be sentenced
and punished accordingly. H.
Seer. A.. Be IL further enacted, That any
person who shall be held in prison upon suppl
cion Of having committed crime for which he
nsy have sentence OF death passed upon him,
shall be bailed discharged, il he nss indict-
ed Of the second term of the sitting of the SUI
prems Judicial Court in the county where the
crime is ailedged 10 have been committed.
~hen there are two terms year in such county
And in such counties bave out one Supreme
Judicisl Court IN year, the defendant shall be-
b.iled or discharged. il he is not indicted at
the first term, /: Provided, such person shall have
been held in prison for the space of six IN onths
next preceding he day OF the sitting Of the
Court. And when any person shall be held IN
prison under indictment. he shsll be tried or
Ssied at the first term next sfter bis Indictment
ii he demands the sane, uniess il shall appear
to TIE Court that The witnesses, ON behalf or
the governne have either been enticed svsy
or are detsined BY some inevitable accident
from attending Ard oil persons under indict-
ment for felony shsll be b.,led or tried at the.
second term after the bin shall be returned, IL
they demand ir.
SIC. 50. BE Il further enacted, Thar in all in
formations 10 be exhibited, and in al actions or
suits to be commenced sgsin.t any person or
persons on the behalf of any informer, or on The
behalf of The S,sie, and any informer for or
concerning any ofsnce committed or TO be
committed against any penal statute, the offence
shall be laid and alleged to have been commit
ted in the county where such offence was in
truth committed and not elsewhere. and If the
defendant, in any such information, seton or
suit, pleAdeth that he owes nothing, or thar he
is not guilty, and the plainllf or informer i'm
such information, sction or suit, upon evidence
to the jury that shall Try such issue, shalt nor
both prove the offence laid in the said Informa-
ton, action or eui,, and that the same offence
committed in that county, The issue shsTi
be found for The defendant or defendants.
SECT. A6. BE IL further snGcfed, That II any
information, suit seton. shall be brought or
exhibited against any person persons for sny
ofience committed against the form ofsny penal
Law. on behalf of any informer, or on behalf Of
the State and any nformer. il shall be lawful fer
such defendants to plead the gepers issue. md
give any special matter in evidence 10 the Jury,
which shall be - available 70 him or them, a.
if be or they had efficiently nlesded the sauna
matter in bar, or discharge Of such information,
suit or action.
SECT. AZ. Be IL further enacted, That M person
upon whom sentence or judrmrr, of death shall
be passed or given by the Justices Of the SUI
preme judicial Court shall be executed in pur-
susnce 81 such judgment, before the whole
record Of such proceedings case be certified
BY the Clerk Of the came Court. under the seal
thereof, to the Supreme Executive Authority Of
this uste, nor until warrant shsll be issued BY
the said supreme Executive Authority, under
the great seal of this state, with . copy OF the
record tberemto snnex ed, directed 10 the sher-
lift Of the county wherein the trial Of the per~en
50 convicted IS aforesaid, was had. commanding
! the same sheriff 10 cause execution t. he done
upon the pc rson convicted az aforesaid, in siI
things according TO the judgment .gsinSt him
And ,he sherff 20 whom such wstrsnt shall be
! directed is hereby saiborized snd required 10
| execute the SANE in due form Of law.
J March IS, t32l-Approved
| WILLIAM KING