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

shall be given on claiming an appeal, shall
have the same power and authority over his
principal az though he were bail for him in
any civil cause. Such surety may at any
time surrender his principal to the court or
magistrate who took such recognizance, or
may commit him to the states jail in the same
leaving with the jailer certified
copy of such recognizance, and upon such
surrender or commitment shall be discharged
and exempt from all liability for any net OF
the principal, subsequent thereto, which
would have been Y breach of the condition OF
the recognizance and the person so surren-
dored or committed may be recognized anew
with sufficient surety, and in oil respects
dealt with in like manner and with the same
effect, rs though he had never given any re-
cognizance in the case Prouided hoioerer,
that in case such recognizance shall have
boen certified to some other court, the sur
render shall be, made to such court it in ses-
sion.
Sec. 35. When complaint shall bo made
on oath or affirmation, to any magistrate
authorized 10 issue warrants in criminal cases,
that any money or other thing, the subject of
larcency by the provisions of this act, has
been stolen or embezzled or obtained by false
tokens or pretences within this state or else
where, and that the complainant believes that
the same is concealed in some house or place
within the county where such complaint shall
be made, and in such complaint particularly
described, such magistrate, if he be satisfied
that there is reasonable ground for such be-
lief, shall issue his warrant, directed to the
sheriff, his deputy, or either OF the town ser,
geants, city sergeants or constables, IN said
county, commanding them in the name OF the
State diligently to search the house or place
therein described, in the day time, and TO
bring said money or thing stolen If the same
be found therein, and the person or persons
in whose possession or custody the same shall
be, before said magistrate or some other
magistrate in the said county; which warrant,
any such officer is hereby authorized and re.
quired to execute.
Sec. 36. When any such warrant shall be
returned executed to any such magistrate, all
the money or other thing returned Herewith
shall be safely kept, according toll direction
Of such magistrate for the purpose Of being
used az evidence on the trial, and as soon us
may be afterward, shall be restored to the
owner or owners thereof.
See. 81. Whenever any such property so
recovered shall be used as evidence in any
criminal trial, all the cost OF such search-war-
rant, together with the costs OF keeping such
property, shall be taxed in the bill OF costs
in all other cases the costs shall be paid by
the state.
Sec. 3S. Whenever any person shall be
found within this state, charged with any Of
fence committed in any other state or ter
ritory, and liable by the constitution and laws
of the United States TO be delivered over,
upon the demand Of the executive ofany such
state or territory, any court or magistrate
authorized TO issue warrants In criminal cases,
may upon complaint under oath, setting forth
| the crime or offence, and such other matters
as are necessary to bring the case within the
provisions Of law, issue his warrant to bring
the person so charged before the same or
some other magistrate within the state 10
answer such complaints rs in other cases.
Sec. 80. If upon the examination OF any
person SO charged, it shall appear that there
is reasonable cause TO believe the complaint
true, and that such person may be lawfully
demanded by the executive Of this state, he
shall, if not charged with an offence not
bailable by such magistrate if committed
wi,hip this state, he required to recognize in
a reasonable sum with sufficient sureties to
appear before such magistrate at some future
| day allowing re asonablc time to obtain war
rant from the said executive, and to abide the
| order Of such magistrate on such complaint
If such person shall not SO recognize, he shall
/ be committed to Jail and be there detained
until he give such recognizance or until such
day. And if the person so recognizing shall
fail to appear according 10 the condition OF
his recognizance, hc shall be defaulted and
like proceedings shall be had as in case OF
other rccognizanccs entered into before such
magistrate but if such person shall be
charged with an offence not bailable by such
magistrate if committed within this state, he
shall be committed 10 prison and there de-
tained until the day so appointed for his ap-
pearance before such magistrate-Yet III
such case the said person shall be bailable in
the same manner as he would he if such Of
| fence had been committed in this state.
\ Sec. 40. IL the person so recognized OF
committed shall appear before such magls-
trate upon the day appointed, he shall DC dis
/ charged unless ho shall be demanded by
some person authorized by a warrant Of the
executive to receive him: Provided hoioeUer,
/ that whether such person so charged be re-
cognized, committed, or discharged, any per-
son authorized by the warrant OF the execu,
tive of this state, may, ut oil times, take him
in custody, and the same shall be discharge
of the recognizance, if any, and shall not be
deemed an escape.
Sec. Al. No warrant shall be issued in
pursuance of the 3Sth section of this chapter,
until after the complainant shall have given
rccognizance with surety in such sum as the
magistrate shall approve and direct, to pay
all the costs that may accrue thereon, includ.
ing the board of the person complained OF,
if committed to Jail nor shall any such war
rant supersede any arrest either on civil or
criminal process heretofore made, nor shall
any arrest either on civil or criminal process
supercede any arrest made on any such war
rant issued by tho executive Of this state, in
such cases.
Sec. AZ. When any person shall be SEN
fenced to imprisonment in the state prison,
the clerk of the court passing such sentence
shall forthwith issue warrant under the seal
Of said court, directed to the sheriff or his
deputy Of the county wherein such court is
held, reciting the sentence and requiring said
sheriff or deputy to take the said convict, and
him deliver 10 the warden Of said prison, and
the said warden to receive said convict into
his custody and him safely keep in said prison
during the time specified in such sentence.
And such warrant shall constitute the officer
charged Herewith, while he has the same in
his possession for service, on officer in any
county in this state into which it may be ne
70 for him 70 M IN NIL inf N and MR.