The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-04-25
STATE LAW $.
AN ACT enlarging the Jurisdiction of the
Court of Common Pleas in Criminal c.
ses, and regulating the Appointment and
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counties in the Commonwealth, except the Conn.
ty of Suffolk, the Court of Common Pleas, at any
term holden by one or more Justices thereof shall
have and exercise exclusive original jurisdiction of
all offences, crimes and misdemeanors Of which
the Supreme Judicial Court had jurisdiction before
the passing of this act, and also of all actions Of
scire acias, to recover the penalty aud foreitures
of any recognizance, returnable to, or remaining
in, either of said courts. And their said jursdic-
tion therein shall be final in all matters of fact e1-
cepting as hereinafter provided, and excepting
herefrom the trial and punishment of all crimes
which are or shall be punishable with DEATH which
crimes shall be originally prosecuted in said Court
of Common Pleas and tried ss hereinafter provid-
ed. And the said Court of Common Pleas, in rela-
tion to the prosecution, trial, judgment and SEN
fences for said offences, crimes ano misdemeanors,
shall have and exercise as full and ample powers
and authority, as vested by law in the Supreme
Judicial Court, at any term holden by one Justice
thereof Provided, however, that ali prosecutions
pending in the said Supreme Judicial Court when
this act shall take effect shall be proceeded in and
determined as the same would have been if this act
had not been passed. And the forms of all process
es issued in pursuance of this act, shall be so far
altered to conform TO the provisions thereof,
and they shall be served and returned in the same
manner as is provided by law for the service aud
return of like processes Of the Supreme Judicial
Court.
FSec. Q. Be IL further enacted, That from and
after the time when this act shall take effect, all
recognizances and other processes in criminal ca
Supreme Judicial Court, shall in all the counties of
the Commonwealth, except the County of Suffolk,
be returned to and have day in, the next term of
the Court of Common Pleas, 10 be holden within
and for said county and if such returns be not so
made, the party parties guilty Of any such neg.
ect, shall be subject to all the penalties and for
FIXTURES now by law provided for neglecting to
make such returns to the Supreme Judicial Court.
Secs Be IL further enacted, That any person
who shall be convicted in the said Court Of Com.
Pleas for COnntv of the Common aifh
upon any prosecution for libel, nuisance or con.
sPiracy, or for any crime or offence, which is
may be punishable by confneme mt to hard labor for
term exceeding five years, may appeal therefrom
unto the Supreme Judicial Court then next to be
holden for the same county. Provided that said
appeal shall be claimed in convenient time be.
fore the rising of the court, before which such
viction shall be had, and that the party appealing
shall, within such convenient time, recognize to
the Commonwealth and when, by law, forfeit
ure accrues to any individual, shall recognize to
such individual, in such reasonable sum as the
court shall order, with surety sureties for his
personal appearance at the court appealed to, and
for the prosecution Of his appeal there with effect
and TO abide the sentence therein given, and in
the mean time, to keep the peace, and be of good
behavior. And the party, appealing, shall be in
custody, until he shall recognize, or until he
shall be sentenced for want Of such recognizance.
And he shall produce, at the court appealed to-
copy Of the record Of his conviction, with a copy
of all the other proceedings had in the cause and
shall enter his appeal and pay all such fees in said
Supreme Judicial Court, as shall by law be provid-
ed in other causes And, if he shall fail in the
prosecution of his appeal, in any of the particu-
lars aforementioned, his recognizance shall be for
feited, ard the said Supreme Judicial Court shall
award such sentence against him for the offence
whereof he is so convicted they ought to do, in
case he stood convicted BY the verdict Of jury in
said court, and may issue capias 10 bring him into
court to receive such sentence.
Sec. 4. Be ii further enacted, That said court
of Common Pleas shall have power, at the term at
which the trial of any such Ddictmeu nj shall be had
or any Judgment shall be rendered aaereon, or at
any term within one year from the time of such
trial or Judgment, on the petition motion of the
defendant in writing, to grant new trial in such
case, for any cause for which by law new trial
may be granted, or when it shall appear to said
court, that justice has no: been done, upon such
terms and conditions, as to said court shall seem
proper
See. 5. BtHfarther enacted, That any person
after conviction of any offence, thinking himself
or herself aggrieved by any opinion, direction or
Judgment Of said court of Common Pleas in any
matter OF law, whether such person shall have
righttO appeal therefrom not, provided such ap-
peal be not efectually taken, may allege excep-
tlons TO the same, which being reduced to writing
in summary mode, and presented to the court in
convenient time, before the adjournment there.
o.: and found conformable to the truth of the case
shall be allowed and signed by the presiding JUS
tlce thereof and thereupon all further proceedings
VI
ed, honeUer, that, when it shall appear to such
presiding Justice, that such exceptions are clearly
frivolous, immateral, or intended for delay judg-
ment may be entered in such case, and sentence
awarded therein, on such conditions as the court
may deem reasonable, notwithstanding the allow.
ance oil such exceptions, And if, upon any such
trial In said court, Of any person who shall be duly
convicted thereon, and who shall not be assisted
by counsel any question Of law shall arise which,
IN the opinion Of the presiding Justice is of such
SO fnl tn &b
ION OF the Supreme Judicial Court thereon it shall
be his duty, ii the defendant thereto to re-
port the facts in said case far as to present the
question oil law arising therein And thereupon all
further proceedings in such in said Court shall
be stayed And the person filing such exceptions,
or for whose benefit such report shall be made,
msy recognize, with sufficient surety or suretes,
Tor his or her appearance at the term of the Su-
preme judicial Court, next to be holden for the
same county, and for entering such case, and pro.
duclng copies thereof in the same court and for
abiding the order and judgment of the court there
on. And if such person shall not so recognize, he
or she shall be committed to prison, to await the
order and ludgmen Mt of said Supreme Judicial Court
And the clerk of the Court in which such trial
shall be had, shall certify the copies Of the in-
to the Supreme Judicial Court, where said case
shall be returned; and they shall have cognizance
thereof, and consider and decide the same, in the
same manner as they now authorized to do,
when questions of law reserved by any one
Justice of said Supreme Judicial Court and shall
pass such orders and render such judgments there
in as law and justice shall require. And said Su-
preme Judicial Court may discharge such person
from his her recognizance, or from further con-
fnement prosecution in the case, or may proceed
to sentence him her for the offence of which
I he or she may have been convicted or may remand
such case to the Court of Common Pleas for new
trial, judgment, sentence, or such other proceed
ngs therein as law and justice shall require. And
| ifthey shall so remand such case they NAV order
and require such person to recognize, with sufi-
cient surety sureties for his or her appearance
| at said Court Of Common Pleas and then abiding
the order and judgment. Of Court thereon and in
default OF such recognzance, may commit him or
her to prison; and said Supreme Judicial Court
shall certify to said Court Of Common Pleas, their
proceedings, determination and orders therein, and
said Court OF Common Pleas shall proceed to try
SAID case again, or pass sentence therein or do
whatever the said Supreme Judicial Court shall
have determined ard ordered in such case. Pro-
Uided, hotcerer that this act shall not be so con.
strued as to deprive any party Of his writ Of error
for any thing appearing of record.
| Sec. 3. BE IL further enacted, That Grand Ju.
shall not be selected for or required to attend
upon the Supreme judicial Court, in any county Of
| the Commonwealth, except the county of Suffolk
And the Grand and Traverse Jurors, which now
are selected for and required to attend the Courts
OF Common Pleas, shall be selected and ate nd
said courts, for the purposes in this act described
and perform all the duties by law required of Grand
and Traverse Jurors respectively in relation there.
to. And the Foreman of any Grand Jury, IN any
county Of the Commonwea who shall be elect.
ed at the first term Of the court at which such
Grand Jury shall attend, shall be foreman Of such