The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-04-25

his predecessor. And IL the Grand Jury attending
any Court of Common Pleas shall ind and return
sons, for any crime which is or may be punishable
with death, said court shall have power to issue
capids for the arrest and confinement Of the per-
son or persons so charged, if not already IN con-
6nement, ana shall, as soon as conveniently may
be. after the finding Of such indictment, cause 70
be served upon the person or persons so chargeo
the sheriff of said county or his deputy. copy
thereof, with order of court notifying such per
saR persons, that the same will be catered AZ
the Supreme judicial Court next to be noicer io'
said county, and the clerk Of such Court OF LON
mon Pleas, shall forthwith give notice Of such ,n-
dictment to the Chief Justice OF the supreme 1u
dIcial Court And whenever any such Indictment
shall be- found in the county OF Dakes County, the
same shall be returned to and tried IN the Sapreme
Judicial Court holden Ut Barnstable, Tor the conn-
ties Of Barnstable ami Dukes Coonty, ana a copy
thereof with the order OF Court thereon, shaii oe
served upon the person persons so charged as DC
fore provided And the clerk OF said Court oil Com
mon Pleas in which any such Indictment shall be
found shall return the same into the Supreme judi
cial Court, at the next term to be holden tor SAID
county. and the same shall be entered therein,
And if the court next TO be holden, sha'i ne
holden by one Justice thereof, 1t shall be lawful Tor
such court TO cause the person indicted to be ar
raipsed and if he or she shall. by plea confess him
self or herself guilty. to award sentence according
10 law and If such person shall deny the charge,
and put himself or herself upon trial, the couri SO
holden NAV assign counsel. ana oroer ana Jake al
measures preparatory for trial IN the same manner
as if the same court were holden by three or mere
Justices tbaraof Aud said court, when holden
BY three or more Justices thereof shall proceed TO
try thereon. the person or persons SO charged IN
the same manner, as if such indictment had origI-
nalIy been found in and returned to SAID Supreme
Judicial Court, and shall proceed to sentence such
person or persons for any crime Tor which he or
they NAV be convicted, on such trial, in the same
manner as they are now BY law authorized to do
for similar crimes.
Sec. Be il further enacted, That all costs
and fees in the Court of Common Pleas, in the Ca
ses provided for by this act, shall I've taxed and al
lowed by SAID court in the same manner, and upon
the same principles rs they were before the pass
ing of this act taxed and allowed By said court in
cases then cognizable by them. And the clerks or
other officers of SAID court, who shall receive ices
or moneys to the use Of the Commonwealth in said
cases shall account therefor in the same manner
they were before the passing of this act requr-
ed to account for fees and moneys received in ca
ses then cognizable by said court.
Sec. 8. BE 1t further enncied, That the Gov
ernor BY and with the advice and consent of Coun-
Gil. shall appoint and commission some suitable
person 10 be Attorney General for the Common
wealth, with all the powers and privileges, and
subject to all the duties by law belonging 10 said
Office. And the said Attorney General shall APP
preme Judicial Court, when holden by ihre OF
Justices thereof all prosecutions for crimes
which are or may be punishable with death /; and
in the trial and argument, in said court, of all
causes, criminal or civil. in which the Common
wealth may be party TO the record or be inter
esied, and when any question of law shall be tried
or argued. And when thereto required by the
Governor, or either branch of the Legislature. he
shall further appear and act for the Commonwealth
III any court or tribunal Of competent jurisdiction
IN any other causes criminal or CIVIL IN which the
Commonwealth may be party to the record, or be
ntc?ested And it shall further be the duty of the
Attorney General to consult with and advise the
District Attorneys of the Commonwealth, in al
matters appertaining TO the duties of their Offices
whenever he shall be applied TO by them therefor
TO make and submit TO the Legislat ure at the com.
mencement Of each session thereof, report of all
the business done by him, during the preceding
year, by virtue Of his Office; specifying the suits
and prosecutions to which he may have attended
as such, the names of the persons prosecuted for
crime, the crimes for which, and the counties
where such prosecutions had, the results
thereof, and the punishments awarded therefor.
And he shall also embrace IN said report an alb
strdct OF the annual reports OF the several District
Attorneys, with such observations and statements,
as IN his opinion, the criminal Jurisprudence and
the proper and economical administration of the
criminal law Of the Commonwealth shall warrant
and require. And he shall always be in attend
ance upon the call of the Legislature during their
sessions and shall give his opinion upon all qnes-
lions Of law submitted to him by either branch Of
the Legislature. or the Governor and Council and
shall give his aid and advice in the arrangement
and preparation of Legislative documents and bust
ness, when thereto required by either branch of
the Legislature.
Sec. 9. Be IL further enacted. That the several
counties in the Commonwealth except the county
OF Suffolk. shall be divided into four districts for
aha 4t..ar q r. a
ties of Essex and Middesex shall constitute the
northern district; the counties of Bristol, Plyni-
outh, Barnstable. Dukes county, and Nantucket.
shall constitute the southern district the counties
of Norfolk and Worcester shall constitute the
middle district; and the counties of Hampshire
franklin, Hampton. and Berkshire shall consti-
tute the western district. And for each of said
districts, there shall be appointed and commission.
cd by the Governor, by and with the advice and
consent of Council. District Attorney for the
Commonwealth, who shall be resident within the
district for which he is appointed And the said
District Attorneys shall. within their respective
districts, appear and act for the Commonwealth.
Ia all cases, criminal or civil, in which the Com.
monweath may be party to the record, or be in
terested, IN the Courts of Common Pleas and in
the supreme Judicial Court. And they shall, also.
within their respective districts perform all the
duties which the Attorney General and the Soil
citor General, or either of them before this act
perform
and which are not herein before required 10 be
done by the Attorney GeaeraI and shall aid the
Attorney General in the duties so required of him
in their several districts procided, that the At
sorDcy General, when present. shall in any coutt
have the direction and control of any prosecutions
and suits, in behalf Of the Commonwealth. And
the said District Attorneys, and the Attornav n,
the Commonwealth, for the County of Snffolk
may, from time to time, make such arrangements
in rela ion to the duties of their Offices. by inter
changing the same, as may, with reference to their
mutual accommodation, best ensure punctual md
prompt despatch of the duties incumbent unon
them, and may perform said duties accordingly.
And the Supreme Judicial Court and Court Of
Common Pleas may, in the absence of the Attor.
ney General and District Attorneys, at any term OF
either Of said courts appoint some suitable De
to perform the duties by law required OF them
an the person 80 appointed NAV perform said du.
ties accordingly. And the said District ATTORNEYS
sh Ill., seyerally, in the month of November in each
year, make reports TO the Attorney General set.
II V forth particularly the amount and kind of bust
n - dome by them sevcraliy, by virtue of their
hcef. IN each county, the names of any persons
? osecuied, the crimes, offences, or misdemeanors
Ir which such prosecutions were had the result
thereof. and the punishmenis awarded against any
parsons convicted thereon; and, generally, they
snail present in said reports. plain and particular
statements of the criminal busineF.l of their
respective districts. And the Attorney for the
Commonwealth. for the county Of Suffolk, shall
perform inc same duties. in all causes and business
arising WITHIN SAID county, as are herein required
o. SAID District Attorneys within their respective
districts.
Sec 10. BE II further enacted. That the Attor-
hey ueneral and District Attorneys shall severally
mold their Offices for the term Of 6y. ye.r, fo,,
the date Of their several ppointments unless
ef removed by the Governor and Council and
whenever any vacancy shall hammer in e;,b.r 81