Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1838-05-24

laton thereto, il shall not appear 10, such ma
eislrate that the accused is probably guiity
of said offence or Of any other offence Sub
stantislly charged in said complaint, the ac-
cused shall be forthwith discharged. But II
it shall appear that the accused ls Propao'y
guilty as aforesaid, such magistrate snaii
theroupoD, If the offence be baiIable ny hin''
require the accused to enter into recogh-
Zance with sufficient surety III such sum Us
the magistrate shall approve and direct, con-
ditoned that the accused will appear at the
next term of the court in and for said county
having jurisdiction over such offence, ana
not TO depart such court without leave anu
in tho meantime keep the peace and De OF
good behavior toward all the p0ple OF TINS
state; which recognlzance the mags'rn'c
shall certify to said court as soon as may oe'
But if the said offence be not bailable by such
magistrate, the accused shall forthwith be
committed 10 the states Jail in the same coun-
ty, there to remain until he be discharged Dy
order OF law.
Sec. 8. In every case in which any such
magistrate shall require the accused to give
rccognizance for his appearance before some
court and in which lie shall not give such
rccornizance, the accused shall DC forthwith
committed to the states jail in the same
county, there To remain until ho shall give
such recognizance or be discharged by order
| of law.
II Sec. 10. ANY magistrate may adjourn any
trial or examination sending before himself,
4 fIom time to time, not exceeding ten days at
apv one time, except with the consent or at
Il the reanest of the accused, and to the same
or to a different place in the same county
1 If i'm such case The accused be charged with
an offence not bailj,le by such magistrate,
he shall, in the mean time, be committed 10
the states Jail in the same county, otherwise
he may be recognized in a sum and win
surety To the satisfaction of such magistrate
for his appearance for such further eXanlna-
ton, and for want of such recognizance may
be committed to jail.
Sec. II. If the person recognized as IN the
next preceding section mentioned, snail mol
appear according to the condition of suen re-
cognizance, the magistrate shall record the
default, aud certify the recognr ance with the
/ record of the default, 10 tho court ol common
n pleas Of the same county.
Il Sec. H. Whenever any person charged
| with treason against this state, MURDER ROD
\ berry, rape, arson, burglary, perjury, or subor-
| nation Of perjury, shall be recognized OF
! committed Tor trial at a higher court by any
magistrate, euch magistrate shall also bind
II by recoonizance such witness or witnesses
II as he shall deem material to appear and testl-
II fy at such court, and may also require any
II such witness to give surety TO be bound with
II hix,~for his appearance at such court, IN case
II hll deem il necessary to ensure the at
II tendance Of any such witness. And the SUI
II preme judicial court and the several courts of
H common pleas may. in their discretion, re-
/ quire any-witness before them in any criml-
nal matter to recognize with or without sure
ty for his appearance TO testify at any future
/ time in the same cause.
II Sec. l3. Every witness who shall refuse
to comply with the order OF either OF SAID
courts or of any magistrate requiring nun 10
i give recognzance whether with or without
II surety, shall be committed to the states jail
lin the same county, there to remain tiii ne
give such rccognizancc or be discharged by
order Of law.
Sec. a. Whenever there shall be any in
H dictment or information pending either be-
Il fore the supreme Judicial court or any court
Il of common pleas for any crime or offence,
unless it be treason against tins state,murder
robbery, rape, arson, burglary, perjury, OF
subornation of perjury, it shall and may be
II lawful for any Justice of the court before
! which the same shall be pending, at the re-
quest, either of the attorney general or of the
accused,to take the deposition of any witness
to be used as evidence on the trial OF such
indictment or information. Any such dePo'
sition taken and returned by any such Justlce
with the forInalilies required IN the taking
and returning of depositlons III civil causes,
II shall and may be ased in the cause for which
the same shall be taken: PrOrided, the de-
| ponent shall not be Withn Tie jurisdiction OF
| The court at The time of such trial. And pro-
II pided further, that in case the accused shall
| at the time of taking such deposition, be con-
fined in jail on said charge, such deposition
shall be taken in his presence in sand jail, un.
| less the person giving such deposition shall
II by reason Of sickness be unable to come 10
n said Jail, in which case the justice taking
such deposition may cause such accused 10
be brought before him at the time and place
appointed for taking the same by the Jailei
n having him in custody, if said accused be
committed for no other cause, and to be re-
turned again to jail after such deposition shall
be taler. And the same fees shall be allow
ed for taking such dcpostions as are allowed
for taking depositons in civil cases.
Sec. Is. When any person shall be com
mitted to jail, or shall be under rccognzancc
to answer any charge of assault or battery OF
both, or for any threat OF committing any Of
\ fDce against the person or property OF an.
other, if the party injured or threatened, shall
appear before the magistrate who issued the
warrant Of commitment, or took the recognl-
zance, and acknowledge, in writing, that he
has received satisfaction for the injury, or has
ceased 10 fear the execution of the threat,
such magistrate may, in his discretion, upon
payment Of all costs that have accrued. In
GLIDING the board Of the prisoner in Jail If
committed, discharge the recognznnce or
supersede the commitment, by an order un-
der his hand which order shall be filed with
the recognizance or recorded in the Jail book,
as the case may require, and may also dis
charge all recognizances, and supersede the
commitment Of every witness in the case.--
Every such order shall forever bar all RENE
dy by civil action, for such injury.
Sec. l6 Any person who shall be aggrev-
ed at any sentence Of any magistrate pro-
nounced against him on any complaints for
threats, assault or battery, or both, or for
theft, or for any offence which is or shall be
within the jurisdiction Of such magistrate to
Iltry and determine, may appeal from such
sentence to the court OF common pleas, then
next to be holden in the same county after
ten days: Prorided such appeal be prayed
at the time of passing such sentence and up
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