for keeping the peace or being of good behavior for a term not exceeding three months, and in case of refusal may be committed as before directed. SECT. 15. Whoever goes armed with a dirk, dagger, sword, pistol, or other offensive and dangerous weapon, without reasonable cause to fear an assault or other injury, or violence to his person, or to his family or property, may on complaint of any person having reasonable cause to fear an injury, or breach of the peace, be required to find sureties for keeping the peace for a term not exceeding six months, with the right of appeal as before provided. Persons who go armed may be required to find sureties for the peace, &c. R. S. 143, § 16. mit part of pen SECT. 16. When, upon a suit brought on such recognizance, the pen- Court may realty thereof is adjudged forfeited, the court may, on the petition of any alty. defendant, remit such portion of it as the circumstances of the case R. S. 134, § 17. render just and reasonable. 7 Mass. 397. surrender his anew. SECT. 17. A surety in a recognizance to keep the peace, or for good Surety may behavior, or both, shall have the same authority and right to take and principal, who surrender his principal, as if he had been bail for him in a civil cause; may recognize and upon such surrender shall be discharged and exempt from all lia- R. S. 134, § 18. bility for any act of the principal subsequent to such surrender, which would be a breach of the condition of the recognizance. The person so surrendered may recognize anew with sufficient sureties before any justice of the peace for the residue of the term, and shall thereupon be discharged. CHAPTER 170. OF SEARCH WARRANTS, REWARDS, ARREST, EXAMINATION, Search war rants for prop- erty stolen, &c. art. 14. SEARCH WARRANTS. SECTION 1. When complaint is made on oath to any magistrate authorized to issue warrants in criminal cases, that personal property has been stolen, embezzled, or obtained by false tokens or pretences, and that the complainant believes that it is concealed in any particular house or place, the magistrate, if he is satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property. SECT. 2. Any such magistrate may also, upon like complaint made on rants in other oath, issue search warrants when satisfied that there is reasonable cause, in the following cases, to wit: R. S. 142, § 1 Search war cases. R. S. 142, § 2. First. To search for and seize counterfeit or spurious coin, forged feit coin, notes, bank notes, and other forged instruments, or tools, machines, or materials, prepared or provided for making either of them: &c. for obscene books and prints. 4165 186 for lottery for gaming Second. To search for and seize books, pamphlets, ballads, printed papers, or other things, containing obscene language, or obscene prints, pictures, figures, or descriptions, manifestly tending to corrupt the morals of youth, and intended to be sold, loaned, circulated, or distributed, or to be introduced into any family, school, or place of education: Third. To search for and seize lottery tickets or materials for a lottery, unlawfully made, provided, or procured, for the purpose of drawing a lottery: Fourth. To search for and seize gaming apparatus or implements apparatus, &c. used, or kept and provided to be used, in unlawful gaming, in any gaming house, or in any building, apartment, or place resorted to for the purpose of unlawful gaming. 11 Met. 79. ch 364. 1869 to whom di R. S. 142, § 3. Search in the Property seized may be kept as evidence, and then restored to owner or de- R. S. 142, § 5. SECT. 3. All search warrants shall be directed to the sheriff of the county or his deputy, or to any of the constables of a city or town, commanding such officer to search, in the day time, the house or place where the stolen property or other things for which he is required to search are believed to be concealed, (which place and property, or things to be searched for, shall be designated and described in the warrant,) and to bring such stolen property, or other things, when found, and the persons in whose possession they are found, before the magistrate who issued the warrant, or some other magistrate or court having cognizance of the case. SECT. 4. If there is satisfactory evidence that any property stolen, embezzled, or obtained by false tokens or pretences, or that any of the other things for which a search warrant may be issued by the provisions of this chapter, are concealed, kept, prepared, or used, in a particular house or place, a warrant may be issued by two magistrates, or by a police court, to authorize the searching of such house or place by a public officer, in the night time, and to bring the property or things described in the warrant, if found, and the persons in whose possession they are found, before either of the magistrates who issued the warrant, or some other magistrate or court having cognizance of the case. SECT. 5. When an officer in the execution of a search warrant finds stolen or embezzled property, or seizes any of the other things for which a search is allowed by the provisions of this chapter, all the prop erty and things so seized shall be safely kept by the direction of the court or magistrate, so long as necessary for the purpose of being produced or used as evidence on any trial. As soon as may be afterwards, all such stolen and embezzled property shall be restored to the owner thereof, and all the other things seized by virtue of such warrants shall be burnt or otherwise destroyed under the direction of the court or magistrate. REWARDS FOR APPREHENDING OFFENDERS. &c. R. S. act of SECT. 6. The governor, when in his opinion the public good requires Governor may it, may offer and pay a suitable reward, not exceeding one thousand offer rewards, dollars in one case, to any person who in consequence of such offer ap- R. S. 142, § 14. prehends, brings back, and secures, any person convicted of or charged amend. § 18. with a capital crime, or other high crime or misdemeanor, who has escaped from prison in this state, or to any person who in consequence of such offer apprehends and secures a person charged with such offence, when the person cannot be arrested and secured in the common course of proceeding. The governor with the advice of the council may draw his warrant on the treasury for the payment of every such reward. SECT. 7. The mayor and aldermen or selectmen of any city or town, when in their opinion the public good requires it, may offer a suitable reward, to be paid by such city or town, not exceeding five hundred dollars in one case, to any person who in consequence of such offer secures any person charged with a capital crime or other high crime or misdemeanor committed in such place; and such reward shall be paid by the treasurer upon the warrant of the mayor and aldermen or selectmen. Mayor and al- may offer re- 7 5 Cush. 219. 1810, 75, § 2. SECT. 8. When more than one claimant appears and applies for the Payment of payment of such reward, the mayor and aldermen or selectmen shall reward. determine to whom the same shall be paid, and if to more than one person, in what proportion to each; and their determination shall be final and conclusive. ARREST, EXAMINATION, COMMITMENT, AND BAIL. arrest, by 1859, 196. how to issue. R. S. 143, § 6. Cush. 503. R. S. 135, § 2. 4 Gray, 32. SECT. 9. For the apprehension of persons charged with offences, the Warrants to justices of the supreme judicial court, the superior court, or of any police whom issued. court, in vacation as well as in term time, and all justices of the peace, R. S. 135, § 1. are authorized to issue process, to carry into effect the following provisions of this chapter. SECT. 10. Upon complaint made to any such magistrate, that a criminal offence has been committed, he shall examine on oath the complainant and any witnesses produced by him, shall reduce the complaint to writing, and cause the same to be subscribed by the complainant, and if it appears that such offence has been committed, the court or justice shall issue a warrant, reciting the substance of the accusation, and requring the officer to whom it is directed, forthwith to take the person accused and bring him before said court or justice or some other court or magistrate of the county, to be dealt with according to law, and in the same warrant may require the officer to summon such witnesses as shall be therein named, to appear and give evidence on the examination. in what cases county, &c. 1846, 266. SECT. 11. If a person against whom a warrant is issued under the provisions of chapter seventy-two, or for any alleged offence, before or after the issuing of such warrant escapes from or is out of the county, the officer to whom such warrant is directed may pursue and apprehend the party charged, in any county of this state, and for that purpose may command aid and exercise the same authority as in his own county. SECT. 12. In all cases where the offence charged in a warrant is not Prisoners, punishable by death or imprisonment in the state prison, if the person brought before arrested requests that he may be taken before a magistrate of the magistrate on county in which the arrest was made, for the purpose of entering into R. S. 135, § 4. a recognizance without a trial or examination, the officer who made the when to be arrest, &c. Magistrate tak- R. S. 135, § 5 Officer, how to oner is not bailed. arrest shall carry him before a magistrate of that county, who may take from the person arrested a recognizance with sufficient sureties for his appearance at the court having cognizance of the offence, and next to be held in the county where it is alleged to have been committed, and the party arrested shall thereupon be liberated. SECT. 13. The magistrate who so lets the person arrested to bail, shall certify that fact upon the warrant, and deliver the same with the recognizance to the officer, who shall cause the same to be delivered without unnecessary delay to the clerk of the court before which the accused was recognized to appear; and on application of the complainant, the magistrate who issued the warrant, or the district-attorney, shall cause such witnesses as he thinks necessary to be summoned to the same court. SECT. 14. When a person is arrested in a county other than that in proceed if pris- which the offence was committed, if the magistrate before whom he is brought refuses to admit him to bail, or if no sufficient bail is offered, the officer shall take him before the magistrate who issued the warrant, or in his absence before some other magistrate of, or police court in, the county in which the warrant was issued. R. S. 135, § 6. to take pris where SECT. 15. When the offence charged in a warrant is punishable with oner to county death, or by imprisonment in the state prison, if the officer makes the arrest in another county, he shall convey the prisoner to the county where the warrant was issued. issued. R. S. 135, § 7. Person arrested to be taken before magistrate, &c. R. S. 135, § 8. 1 Cush. 503. Magistrate may adjourn examiaation, &c. R. S. 135, § 9. 1852, 259. In case of default, magistrate to certify court. SECT. 16. Every person arrested by warrant for any offence, where no other provision is made for his examination thereon, shall be brought before the magistrate who issued the warrant, or if he is absent or unable to attend, before some other magistrate of the same county; and the warrant, with a proper return thereon signed by the person who made the arrest, shall be delivered to the magistrate. SECT. 17. A magistrate may adjourn an examination or trial pending before himself, from time to time as occasion requires, not exceeding ten days at one time, without the consent of the defendant or person charged, and to the same or a different place in the county, as he deems necessary. In the mean time, if the party is charged with an offence not bailable, he shall be committed; otherwise he may be recognized in a sum and with sureties to the satisfaction of the magistrate, for his appearance for such further examination, and for want of such recognizance he shall be committed to prison. SECT. 18. If the person so recognized does not appear before the magistrate or court according to the condition of such recognizance, the recognizance to magistrate or court shall record the default; but such default may be taken off by the magistrate or court for good cause shown at any time to which the matter may be continued by said magistrate or court. And in case such default shall not be taken off as aforesaid, the magistrate shall certify the recognizance with a record of such default to the superior court, and like proceedings shall be had thereon as upon a breach of the condition of a recognizance for appearance before said superior court. Proceedings, when party fails to recog nize. SECT. 19. When such person fails to recognize, he may be committed to prison by an order under the hand of the magistrate stating concisely that he is committed for further examination on a future day to be R. S. 135, § 11. named in the order, and on the day appointed he may be brought before the magistrate by his verbal order to the officer who made the commitment, or by an order in writing to a different person. Manner of conducting examination. R. S. 135, § 12. SECT. 20. The magistrate before whom a person is brought upon a charge of having committed an offence, shall as soon as may be examine the complaint and the witnesses to support the prosecution on oath in presence of the party charged, in relation to any matters connected with such charge which may be deemed pertinent. on part of SECT. 21. After the testimony to support the prosecution, the wit- Examination nesses for the prisoner, if he has any, shall be sworn and examined, prisoner. and he may be assisted by counsel in such examination, and in the cross- R. S. 135, § 13. examination of the witnesses in support of the prosecution. be kept sepa SECT. 22. The magistrate may at his discretion, while examining a witnesses may witness, exclude from the place of examination all the other witnesses, rate, &c. and may if requested, or if he see cause, direct the witnesses, for or R. S. 135, § 14. against the prisoner, to be kept separate so that they cannot converse with each other until they have been examined. SECT. 23. The testimony of the witnesses examined shall be reduced Testimony reto writing by the magistrate, or under his direction, when he deems it duced to writ necessary, and shall if required by the magistrate be signed by the wit- R. S. 135, § 15. nesses. ing, &c. to be dis SECT. 24. If it appears to the magistrate, upon the whole examina- Prisoner when tion, that no offence has been committed, or that there is not probable charged. cause for charging the prisoner with the offence, he shall be dis- R. S. 135, § 16. charged. when to be bailed or com SECT. 25. If it appears that an offence has been committed and that there is probable cause to believe the prisoner guilty, and if the offence mitted. is bailable by the magistrate and the prisoner offers sufficient bail, it R. S. 135, § 17. shall be taken and the prisoner discharged; but if no sufficient bail is offered, or the offence is not bailable by the magistrate, the prisoner shall be committed to prison for trial. recognize. SECT. 26. When the prisoner is admitted to bail or committed, the Witnesses to magistrate shall bind by recognizance such witnesses against the pris- R. S. 155, § 18. oner as he deems material, to appear and testify at the next court having cognizance of the offence, and in which the prisoner shall be held to answer. SECT. 27. If the magistrate is satisfied that there is good cause to believe that any such witness will not perform the condition of his recognizance unless other security is given, he may order the witness to enter into a recognizance with such sureties as may be deemed necessary for his appearance at court. SECT. 28. When a married woman or minor is a material witness, Recognizances any other person may be allowed to recognize for the appearance by married woof men and misuch witness; or the magistrate may in his discretion take the recogni- nors. zance of such married woman or minor in a sum not exceeding fifty dollars, which shall be valid and binding in law notwithstanding the coverture or minority. R. S. 135, § 20. SECT. 29. Witnesses required to recognize either with or without Witnesses resureties, shall, if they refuse, be committed to prison by the magistrate, be committed. fusing, shall there to remain until they comply with such order or are otherwise dis- R. S. 135, § 21. charged according to law. witnesses may Proceedings. SECT. 30. If it appears to the magistrate that a witness is unable to Depositions of procure sureties when so ordered, he may with the consent of the betaken in cerdefendant take, or cause to be taken by any magistrate authorized to tain cases. take depositions in civil cases, the deposition of such witness in manner 1851, 71, § 1, 2. and form as is provided in civil cases, and the witness shall thereupon be discharged. The attorney for the commonwealth who will have charge of the case at the trial shall be notified of the time and place of taking the same, as parties are required to be notified; and the assent of the defendant shall be indorsed on the deposition. The fees shall be the same as in civil cases, and shall be taxed in the bill of costs. The provisions of this section shall not apply to the prosecutor in the case, or to any accomplice in the commission of the offence charged in the complaint. SECT. 31. The deposition shall be seasonably transmitted to the court at which the witness was ordered to appear; and if he is unable to attend at the time of the trial, by reason of his death, insanity, sickness, 105 70% to be rec turned to court, 1851, 71, § 2. |