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

Sec. I3. Said court are hereby empowered
to cause all or any Of said prisoners who
shall have been sentenced to Imprisonment,
10 be brought before them with the warrants
of commitment, and to, order all or any OF
them 20 be carried 10 aud confined III any
other Jail on their sentences. II
Sec. IL. Said court are hereby empowered
to sentence any person who shall be CONVICT /
cd before them of an offence punishable by |
imprisonment, to be imprisoned in the states
Jail in any county in this state.
Sec. Is Whenever in the opinion Of the
said conrt the states Jail in any county shall
be insufficient to keep any prisoner safely,
and whenever they shall have cause to ap-
prehend that any prisoner will be rescued or
liberated by any persons whatever, It shall
he lawful for said court to remove such pris-
oner to the states Jail in some other county,
~ be therein confined.
Sec. l6. The said court in the several
counties in term time, and any OF the Justices
thereof in vacation, are authorized ana EN-.
powered 20 order and cause to be established
a nightly guard at any of the state jails, when
ever they shall deem II necessary for the
public safety or the safety of The prisoners,
and To coniinne tho same for SO long time
AS they may think proper.
Sec. IL. Whenever in this act II is provided
that any crime or offence shall be punished
with death, or by fine or Imprisonment, 1t
shall be in the discretion Of the court or ma
gistrate imposing such punishment to select
the kind of punishment to be imposed and u
such punishment be fine or imprisonment the
amount or term Of the same the same amount
or term being within the limits prescribed by
law.
CHAPTER NINTH.
OfProceedings .|or The p,rrentiOn f Crime,
anil /or The apprehension, sramuiatton and
trial ef O6enders
Section |. Whenever complaint shall be
made to any justice of the peace within his
county, that any person hath within sod
county, threatened 10 commit any crime or
offence against the person or property oi an
other, such Justice shall examine such COIN
pl.,.nant under oath or affirmation, reduce his
complaint to writing, and cause 'he same 10
be signed by the complainant. II the com
plainant shall then before su.h Justice enter
into recognizance in such sum, not exceed
ing iiny dollars, and with such surety rs the
justice sh,li direct and approve, conditioned
To prosecute such complaint TO final judgment
with effect. or in default thereof, to pay the
costs that may accrue thereon, such justice
shall issue his warrant, returnable forthwith,
annexing thereto said complaint or rcciling
The substance Of the same therein, directed
10 the sheriff, deputy sheriiis, town sergean's
city sergcants and constables in said county,
and to the like officers in the county in which
the accused may be supposed to belong. re-
side, or be found, and requiring the officer
who shall be charged with The service of the
same, forthwith to apprehend the accused, and
him have before said justice, or some other
magistrate having jurisdiction over such COM
rlaint to answer thereto.
Sec. 3 When any party accused shall be
brought before uuy such magistrate, 1t shall
be the duty Of such magistrate, judlcally, by
the oath or affirmation Of the complainant or
witnesses, as well for as against the accused,
10 inquire into the truth Of such complaint (;
and If It shall appear that such complaint Is
true, and that there is reasonable cause to
fear that such threat would be carried into
execution, the person accused shall he SCH
fenced To enter into rccogniZance with such
sufficient surety, and in such sum rs the ma
gisirate shall direct, conditioned to keep the
pence towards all the people OF this State
and especially towards the person or against
properly the threat shall have been made, fol
certain time thereafter, not exceeding ele'
ven months, and to pay oil the cost of hi:
prosecution and convict N. Upon comply
ing with such sentence he shall be dscharg
ed, but on neglecting so to do, he shall be
committed To the county Jail, in the same
county, there to remain during the term fo
which hc was sentenced to give such re
eognzance, and until said costs are paid ant
also all the costs Of his tcommiiment ant
board while in jail or until he shall enter IN.
10 the recognizarce required by such SEN
fencc, before some magistrate in the same
county, and pay the costs and board as aiore-
said.
Sec. 3 Every recognizance taken in pur-
suancc Of such sentence, shall he certified
TO the court of common pleas, next to be
holden in the same county and fled by the
clerk Of said court with the papers of his said
Office.
Sec. 4. Ifthe magistrate before whom sucl
warrant shall be returned, after tra, sha
not consider such complaint to be supported
by the evidence adduced, he shall forthwith
discharge The accused, and, as soon as may
be, tax the costs that have accrued thereon
including therein the attendance and trave
OF the witnesses summoned and present, ol
sworn for the complainant and if such costs
are not paid within ten days, he shall issue
execution for the same against the complain.
ant returnable in forty days from the date
bo paid to such magistrate, and be by him
pad out to the several persons having right
thereto.
Sec. 5. Whenever any complaint shall be
made to any justice of the peace within his
county of the commission of any offence
within said county, he shall examine the
coInplaitpnt under oath or affirmation rela-
tive thereto and to the person guilty or sus-
pected TO be guilty thereof, reduce the same
10 writing, and cause the same to be signed
by the complainant. If such complaint shall
ailege the commission Of an assault or bat
terry or both, or larceny of any amount not
exceeding twenty dollars, or the commission
Of any offence the punishment Of which is q
6nc less than twenty dollars, or which is or
shnll be declared within the jurisdiction of
justice of the peace to try and determine,
such justice Of the peace shall then require
the complainant 10 enter into like recogni-
zance as is by this act required when com.
plant is made for any threat. Upon the Civ
ing Of such a recognizance in a case where
recognizancc is required, and upon the
iaaking Of such complaint only, where no
such rccognizance is required, such Justice
OF the peace shall forthwith issue his warrant,
directed and returnable in the same ma nner