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

Justices of the peace have by this act in their
respective counties.
Soc. Is. The several courts Of common
pleas in this stnte, shall have cognizance OF
all crimes and offences which shall be com
mitted within their respective counties, ex-
ccptng only those for which person con-
victed may be sentenced to death, TO imprl-
sonment for life, or for term OF seven years,
or more, and upon all persons convicted be-
fore them, Of any crime or offence, shall IN
nict such punishment as Is or shall be ny law
prescribed.
Sec. 10. The several counties in this state,
shall send to said court of common pleas, IN
their respective counties, the same number
of grand jurors that they are now by law re-
auired to send to the court of common pleas
and general sessions of the peace, which
Jurors shall give their attendance at said
courts Of common pleas ot the same time that
the petit jurors are now obliged by law 70
attend said courts; and if there does not ap-
pear a sufficient number of grand jurors, or
If the same shall be lawfully challenged, the
Jury shall be filed up from the by standing
freeholders to be returned by the sherif or
his deputy.
Sc. 20. Any person who shall be ag-
grievcd by any sentence Of any court OF COM
men pleas pronounced against him III any
prosecution originally commenced and prose-
cuted before such court, may appeal ron,
such sentence to the next supreme judicial
court 10 be holden within and for the same
county, where the cause shall be duly heard
as if such prosecution had been commenced
before said supreme judicial court: tromded'
such appeal be prayed at the time OF passing
such sentence; and upon such prayer Inc
appellant shall be required TO enter into re-
cogniznnce with two good and sufficient
suretes within five days after such sentence
and before the rising of said court 10 such
sum as said court shall direct, for his aP-
p,arance before said supreme judicial court
and for the prosecution OF his appeal win
effect, and to abide by, and perform what sa'd
court shall enjoin thereon, and to be OF good
behavior in the mean time which recogni-
zance the clerk of said court OF ofcommon pleas
shall Immediately certify to said supreme Ju-
dicial court ; and upon the neglect oi the ap.
pellant to give such recognizance,- he shall
forthwith be committed to the states Jail IN
the same county, there to remain I'LL he give
such rccognizance or be discharged by order
flaw. And every person appealing from
any such sentence, shall file his reasons ot
appeal with the clerk Of the said supreme
judicial court, appealed to, ten days before
The sitting Of such court, and also an attested
copy of the whole case.
Sec. 81. If any appellant shall fail to enter
or prosecute his appeal, he shall be deiaulteo
on his recognizance, if any was taken, and
the court appealed to may award sentence
against him for the offence whereof he was
convicted in like manner rs if he had beer
convicted thereof in that court; and IT he be
not then in custody, process may be issued tt
bring him into court to receive sentence.
Sec. 22. Noperson accused ofany offence
for which, by this net he may be sentenced
to death, to imprisonment for HE, or Tor
term Of seven years, shall be tried, except BY
the supreme judicial court.
Sec. 23. No person accused of treason
against this state, murder, robbery, rape,arsor
or burglary shall be baled except by the su-
premc judicial court, or one OF the justices
thereof
Sec. "a. Every person who shall be i'm,
prisoncd upon suspicion OF having committed
either Of the crimes in the next preceding
sec ION mentioned, shall be baied or dis
charged, if not indicted at the second tern
Of the supreme Judicial court, after such com
mitment. Every person who shall be lndlct
| eu GltHcT VI Sdlu CIliiCoS uuu enoh w b'
prisoned under the Indictment, shall be trlct
or baed at the term Of said court, next, attel
that at which the indictment shall be found
| fine demand trial, unless it shall appear te
the court, that some material witness in be-
half Of the state, has either been enticed away
or is prevented from attending court, by some
unavoidable accident. Upon the trial Of any
such person. he shall be allowed to challenge
g "a
moned rs jurors, and no more.
Sec. 2j. No person except upon indict-
ment found by grand jury, shall be put or
trial for any crime or offence before the su
preme judicial court Of either of the courts ol
common pleas in this state, except in case o
an appeal from the sentence of some magis'
trate.
Sec. &c. Every person who shall be &c
cused of any offence shall be proceeded
against in the county in which the offence
shall be alleged to have been committed, ant
not elsewhere.
Il Sec. ~. No indictment or other crimina
process shall be abated or quashed for any
want of form: Prorided, it contain such al
! Legations Of the offence, that the accused
shall be able 10 plead and make defence
!. thereto, without prejudice TO his rights, ant
| dVou HiibSSt VI ouy JuoShiSht e""' u'"y w
rendered thereon, in case of second com
plant against him for the same offence. Ant
every defect, and want Of substance in any
such process may be amended and supplied
with the consent Of the accused.
Sec. %. Ifany prisoner on being arraigned
for any offence shall stand mute, or not an
swer directly, or shall peremptorily challenge
a greater number of the persons summoned
as Jurors, than he is by law entitled to chal.
lenge, the plea Of not guilty sholl be entes d
on the record, and the supernumerary chal-
lenges disregarded and the trial proceed as
if the prisoner had pleaded not guilty, and as
if he had not made such challenges.
Sec. %. When an indictment shall be
found against any person for any offence, and
the petit jury shall not be satisfied that he is
guilty of the whole offence, but shall be sat
sifed that he is guilty Of so much thereof as
shall substantially amount to an offence Of o
lower nature, the jury may find him guilty OF
such lower offence, and the court shall pro-
ceed to sentence such convict for the offence
of which be shall be so found guilty.
Sec. 80. Every person who shall be con-
victed OF any crime or offence, before any
court or magistrate in this State, shall be
liable to pay all the costs of his prosecution
and conviction, and the payment of the same
shall be part OF his sentence and IN case
he shall be imprisoned, he shall be kept in
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