The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1853-05-26


upon the condition following, viz faith.
fully to perform the duties CT his office
according to law, and seasonably to re-
cord the judgments and determinations
of said Court, and as often as once in
every three months to pay over to the
General Treasurer all fines and all costs
that may be by him received
Sec. 6. The member of said Court
acting as clerk thereof, shall tax the
costs in all cases, civil aud criminal, that
may be entered, commenced, or had in
said Court, and subject to the revision
of said Court, and in criminal proceed
ings, where the complainant is not by
law required to give surety for costs, he
shall tax the costs in separate book,
to be kept for that purpose--and the
same shall be, from time to time, ex-
amined, revised and certified to, by the
other member Of said Court. Said
Court is also authorized to order the
payment of Witnesses fees, and other
costs in such criminal cases, in the same
manner as the higher Courts in this
State are authorized to do, and the same
shall be paid by the General Treasurer
on the certificate Of said Court, which
shall set forth the facts in the same
manner as is required by law, in the
certificates of the clerks of the higher
Courts
Sec. z. The powers given to the
Mayor, Board of Aldermen, City Coun-
Gil, and Municipal Court, by the Act,
entitled san Act to incorporate the city
of Providence to establish House of
Correction and for other purposes" and
the Acts in addition to and in amend
ment thereof, may continue to be ex-
ercised by them severally. And the
Court hereby established may have and
exercise the power and jurisdiction given
to justices of Peace by the last men
toned Act.
Sec. s. Said Court shall have power
to adopt a seal, and may issue writs of
Habeas Corpus to bring before them any
person In the jail in the county of Prov
idence, for trial in any criminal case
lawfully pending in said Court, or to
bring in such persons to be examined as
witness in a suit or proceeding, civil
or criminal, pending in said Court, that
the ends of justice may be attained, and
for no other purpose whatever.
Sec. 9. Whenever any person is
brought before said Court charged with
an offence, the punishment whereof is
beyond the jurisdiction of said Court, or
is so placed within the jurisdiction of
the Court, trying him, that it may or
may not exceed the jurisdiction of the
Court, the said Court may proceed to
an examination and bind him by recog-
nizance with surety, or sureties, in such
sum as they think proper, to appear at
the next term of the Supreme Court, or
Court of Common Pleas, in the county
of Providence, and not to depart there
from without leave, and in the mean
time to be of good behavior and keep
the peace or if the case be within their
jurisdiction, according to their discretion
aforesaid, may proceed to trial of such
person, and if he be found guilty, to
sentence him to a punishment within
their power to infict, or should they
deem such punishment inadequate to
the offence, may bind him over by re-
cognizance with surety or sureties as
aforesaid.
Sec. 10. Any person refusing to give
recognizance when required by said
Court, shall be committed to the County
Jail in said county until said recogni-
zance be given, or he be lawfully dis
charged therefrom; but nothing herein
shall be construed to prohibit any
Justice of the Peace of the county of
Providence from taking recognizances
within the city of Providence, under
the one hundred fifty third and one
hundred SEVENTEEN sections of the Act
concerning crimes and punishments
Sec. IL. The proceedings in all
criminal cases in said Court, shall be
commenced by complaint and warrant
in the manner provided by law for the
commencement of criminal cases before
Justices Of the Peace in other towns,
and the warrant shall be signed by one
ofthe members of said Court, and either
member of said Court is authorized and
empowered to take the recognizance of
any person apprehended on such COM
plant and warrant during the hours
when said Court is not in session, for his
appearance at the time of the next reg
ular session of said Court, and in default
Of such recognizance being given, to
commit the person so apprehended to
the jail in said county, there to remain