The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1831-04-06
S 7 TIE L A w S.
AN ACT, to give Criminal Jurisdiction exc
cept in Capital Cases, TO the Court oil

cept in Capital Cases, TO the Couft Vi
Common Pleas.
Sec. |. Be it enacted &c, That' IN all the
Counties Of the Commonwealth excepting the
County of Suffolk, the Court OF common Fleas (
shall have, and is hereby emPo"ereo' 70 exercise
ORIGINAL concurrent Jurisdiction of all offences !
crimes and misdemeanors, tne supreme Ju- |
dical Court had before the passing oil TINS act and
its takng effect, aud also OF all actions OF scire
facas 70 recover the penalty and forfeltures of any
recornizance returnabe to or remaining in either
said Supreme Judicial Court or said Court of Com
mon Pleas; and shall have final and exclusive iu-
rsdction in all matters of fact, of all offences
crimes and misdemeanors of which said Court of
Common Pleas shall take cognizance by virtue of
this act excepting all crimes which are or shall
be punishable with death, for the trial of which,
other provision is hereinafter made: And said
Court Of Common Pleas hereby are authorized to
administer all necessary and proper oaths or affir-
NATIONS, and to order such processes give such
judgments pass such sentences and to do, execute
perform, and order, in relation to such offences
crimes, and misdemeanors, and the perpetrators
thereof, and their trials and punshments, all such
things as the Supreme Judicial Court is by law
thorized and empowered to award, give, do, exc
cute, perform, and order and for all the purposes
aforesaid, any one Justice of said Court of Common
Pleas, holding any term thereof now by law estab-
lished or to be established, shall have and hereby
is vested with as full and ample powers and au-
thority, are vested by law in any Justice of
the Supreme Judicial Court, holding any term of
said Court
Sec. 3. Be il further enacted That the Grand
and Traverse Jurors that now are selected for and
required to attend the Courts of Common Pleas,
within their respective Counties, be also required
TO attend said Courts, for the purposes in this act
described, and shall give their additional attend
ance for said purposes, on such DAYS of each term
as shall be directed By said Court in each County
respectively, and ~fs Of Yeaira faeias shall issue
accordingly; and if the Grand Jury attending said
Court OF Common Pleas, at any term thereof, shall
ind and return into Court an Indictment against
any person, for any crime offence, the punish
ment of which by law is may be death, said
Court shall cause copy of such Indictment, with
an order Of said Court notifyin such offender that
he Will be tried upon such indictment, at the Su-
preme Judicial Court, next to be holden in and for
the County where such offence shall have been
committed by three more Justices of the Su-
preme Judicial Court, to be served upon such Of
fender by the Sheriff of the County, or either of
his Deputies, as soon as conveniently may be after
the finding Of such Indictment. And the Justices
of the Supreme judicial Court are hereby author
led and required, whenever any indictment shall
be found against any person in the Counties of
Dukes County or Nantucket, for any crime Of
fence, the punishment of which by law is or may
be death, as soon as may be, to hold session of
the Court, by three more Justices thereof in
said Counties for the trial of sach offence. And
in case any person shall be indicted as aforesaid,
the Clerk Of the Court of Common Pleas shall
forthwith give notice thereof to the Chief Justice
fthe Supreme Judicial Court And the Clerk of
said Court of Common Pleas shall be required to
have such indictment duly returned into said Su-
preme Judicial Court, to be holden as aforesaid
and said Indictment shall be entered therein. And
said Supreme judicial Court shall proceed to sum-
mon and empannel Jury for the trial of and to
ralgn and try such offender, upon such indictment,
in the same manner as if such indictment had been
found in and originally returned to said Supreme
Judicial Court and shall proceed to sentence such
offender, for any crime offence of which he may
be convicted on his trial upon such indictment,
and in the same manner they are now by law au-
thorized to pass sentence for similar offences.
Sec. 5. Be IL further enacted, That said Court
OF Common Pleas shall have power at the term at
which the trial of any indictment shall be had, or
any Judgment shall be rendered, or at any subse-
quent term thereof within six months from the
time Of such trial, rendition ofsuch judgment, or
petition or motion Of the Defendant, in writing to
grant new trial in such case, for any cause for
which, by the laws of this Commonwealth, new
trial may be granted, or when upon due examna-
ton, it shall appear to said Court that justice has
not been done, upon such terms and conditions as
to said Court shall seem proper.
Sec. q. BE 1t further enacted, That any Defen.
dant, alter conviction of an offence, thinking him
self or herself aggreved by any opinon direction
or Judgment of sand Court of Common Pleas, in any
matter of law, may take exceptions to the same
which exceptions, being reduced to writing in
summary mode, and being presented to the Court
before the adjournment thereof, and found con-
formable to the truth of the case shall be allowed
and thereupon all further proceedings in such case
IN said Court shall be stayed And if upon the tri-
al of any Defendant in said Court, who shall not
be assisted by Counsel, any question of law shall
arise, which in the opinion the presiding Justice
IS OF such magnitude, doubtful, as 10 REQUIRE
or deserve the examination and determination of
the Supreme Judicial Court thereon it shall be his
duty, if the Defendant consent thereto. to report
the facts in said case, far to present clearly
the question of law arising therein and tbereupon
in =
shall be stayed. And if any exceptions shall be
filed and allowed as aforesaid, or any question of
law shall be reported aforesaid the person filing
such exceptions, or for whose benefit such report
shall be made, may respectively recognize with
sufficient surety orsureties for their appearance at
the next term of the Supreme Judicial Cont hold
en- by three Justices thereof in and for the
County where such exceptions shall be allowed. or
sach report made, and also for his or her entering
snch case and producing copies thereofin the same
Court, and for his or her abiding the orders and
Judgments Of the same Court in said case But if
such Defendant shall not SO recognize, he or she !
snail be committed to prison, there to await the
decision and orders of said Stpreme JudcaI Court
on said case. And if such Defendant shall not so
recognize, nevertheless the Clerk of the Court in
which such trial shall be had shall certify the con-
les of said case into said Supreme Judicial Court
"here said case shall be returned. And if any
sueh case shall come before said Supreme Judicial
Court, either upon exceptions or upon the report
oi any Justice as Aforesaid, said Supreme Judicial
court shall have cognizance thereof and shall con-
slder and decide the same, in the same manner az
they are authorized to do, in respect to cases in
which questions of law reserved, in any of The
modes prescribed by law, by any one Justice of he
Supreme Judicial Court, and shall pass such or
ders, and render such judgments, in ali such Gases
as law and justice shall require. And unless The
Supreme Judicial Court shall decide and order that
such Defendant is entitled, upon such exceptions
and report to full discharge from his or her re.
cognizance or from further prosecution In the case
they shall remand such case to the Court Of Com,
mon Pleas, for new trial, sentence, or such other
proceedings therein law and Justice shall re-
quirc. And said Supreme Judicial Court shall Ger
tlfy to said Court of Common Pleas, their proceed
ings, determination and orders in any case which
shall come before them in either Of the modes
above provided, unless they shall order the Defen
dants discharge from such recognizance or from
further prosecution in said case. And the Court Of
Common Pleas shall nrncand tharnnn 70 tn -