Binding over by cure bond, accus court, to answer to said complaint, and for his abiding the judgment that may be rendered by said court.* SECT. 216. Whenever any complaint, for any criminal matter, justice of peace. shall be legally brought before a justice of the peace, which is by law cognizable by the superior court, such justice of the peace may hear and inquire into the facts relating thereto, and if thereupon he shall be of opinion that probable ground exists for the support of such complaint, he may, if the offense be by law bailable, order the person accused, or complained of, to give a bond of recognizance, with sufficient surety, conditioned that he shall appear before the next superior court, to be holden in the county where the offense charged in said complaint was committed, to answer to said complaint, and abide the order or judgment of said court, touching said On failure to pro- complaint, or the matters charged therein; and on the failure of the ed to be com-person accused or complained of, to give or enter into such bond of recognizance, or, if the offense complained of be not bailable, said justice of the peace shall order the person so accused or complained of, to be committed to the common jail in said county, till the next session of said court, or until such person shall be discharged by due course of law; and the bond of recognizance, which said justice of the peace may take as aforesaid, shall be given to the treasurer of the state; but no person shall be committed to prison for any crime or offense without a mittimus, signed by a proper magistrate, declaring the cause and ground of such commitment, requiring the jailer to receive and keep such person in jail until legally discharged, which mittimus shall be sufficient authority for the officer to commit, and the jailer to receive and hold such person in custody. mitted. Jurisdiction of SECT. 217. The superior court shall have sole cognizance and superior court. jurisdiction of all appeals from the police courts in the several cities, and from justices of the peace, and also of all offenses and crimes, except such as are by law given to the sole jurisdiction of said police 1865. courts, or to justices of the peace; and in all prosecutions for the Appeals allowed violation of the provisions of the charter, or of any by-law, of any for violations of city, or borough, the defendant shall have a right of appeal to the charter of any city, &c. superior court, in the same manner and to the same extent as in other cases t in prosecutions In 1702, the final jurisdiction of justices of the peace was fixed at forty shillings, and remained so until the revision of 1795, when it was established at seven dollars. The right of appeal has always been as it now is, and also the authority to bind over to the county court. A justice of the peace may render judgment upon confession, without a previous complaint and warrant. Richards v. Comstock, 1 C. R. 150. A justice of the peace, having plain view and personal knowledge of the offense of profane cursing and swearing, may arrest and convict the offender without previous complaint and warrant. Holcomb v. Cornish, 8 C. R. 375. A sentence for the commitment of an offender to the work-house until released by order of law, is erroneous. Washburn v. Belknap, 3 C. R. 502. When a justice cannot take cognizance of a complaint made by a private person. Kingsbury v. Clark, 1 C. R. 406. When a person is brought before a justice of the peace for examination, it is his duty to bind him over to court, or discharge him, as probable cause may or may not appear. Waldo v. Spencer, 4 C. R. 71. + Bond required of two and given by both with surety for appearance of both, is void; bonds should be taken from each separately, with surety for his own appearance. Ferry v. Birchard, 21 C. R. 597. What finding by justice, and what form of recognizance sufficient. Waldo v. Spencer, 4 C. R. 71. Form of bond and its breach. Hendee v. Taylor, 29 C. R. 448. The superior court has no power to try a criminal case on the plea of not guilty, without a jury. State v. Maine, 27 C. R. 281. CHAPTER XII. OF CERTAIN PARTICULAR PROVISIONS AND PROCEEDINGS. 1824. peace, when re sureties, accused SECT. 218. Any justice of the peace, in the county where he resides, shall have power, from his personal knowledge, ex officio, or Surettes of the upon complaint of another person, to require sureties of the peace quired. and good behavior from any person who shall threaten to beat or kill another, or who shall abuse any justice of the peace, or resist or abuse any sheriff, constable, or other officer, in the execution of his office, or contend with hot and angry words, or by threats, turbulence and violence, or by any other unlawful act, terrify and disturb the good people of this state. And whenever any person shall complain on oath to a justice of the peace, against another, that he has just cause to fear that he will imprison, beat, or kill him, or procure others to do so, and that he is under fear of death or bodily harm, such justice of the peace may, if he believe such person has just cause to fear as aforesaid, require sureties of the peace and good behavior, from the person so complained of, and upon refusal of the on refusal to give person so required to find sureties of the peace, in either of the cases may be commitaforesaid, the justice of the peace requiring the same, may committed such person to the common jail, in the county where such justice of the peace resides, there to remain until he shall be discharged by due course of law, or until the next session of the superior court in said county, which court may make further order relating to the subject matter of said offense; but in all cases in which any person Provision shall complain on oath as aforesaid, and the person complained of tive to costs. shall be discharged by said justice of the peace, for want of probable cause, the complainant shall pay all the expenses and costs of said complaint and prosecution, so that no part thereof shall be taxed against the state, and the same shall be taxed by said justice of the peace against the complainant, and said justice of the peace may issue execution against him therefor, and the same, when collected, shall be paid into the hands of said justice of the peace, to be by him paid to those to whom the same may be due.* jurors. rela SECT. 219. Grand jurors shall diligently inquire after, and make Complaints to be due presentment, or complaint, of all crimes and misdemeanors that made by grand shall come to their knowledge, whether committed before or after their appointment to the office, which complaint or presentment they shall make to the court having cognizance of the offense, or to some justice of the peace in the town where the offense is committed.t *Sureties of the peace and for good behavior, could be required by the act of January, 1698. In the revision of 1821, the provisions of the present act were adopted. The proviso was adopted in the revision of the criminal law in May, 1830. Recognizance may require accused to appear before county (now superior) court, and abide judgment. Sturges v. Sherwood, 15 C. R. 149. Enacted at the revision of 1750. Complaint was to be made "to some assistant or justice of the peace." The words "in the town where the offense is committed," were added in 1821. Single grand jurors could not make complaint for criminal offenses before the act of 1702, before which time they only made presentments when summoned to attend courts of criminal jurisdiction. Complaint need not be made to a justice residing in the town. Neth v. Crofut, 30 C. R. 580. 1853. Grand juror may refuse to complaint, unless SECT. 220. Whenever information is given to a grand juror of sign the commission of any crime, such grand juror may refuse to sign made under oath. a complaint for the same, unless the person giving the information shall verify the facts by his oath. The grand juror is authorized to administer the witness oath to such person, and any violation of such oath shall subject such person to the pains and penalties of perjury. Meetings of grand jurors to inquire into offenses, &c. 1855. SECT. 221. The grand jurors in each town, or any three of them, may, if they judge it necessary and proper, meet at such times and places as they shall appoint, to advise concerning such breaches of the law, as by their office they are to inquire after and present; and they may call before them, at such meetings, any person or persons as witnesses, to be examined, touching such delinquency, as they are inquiring after; and if any person shall refuse to appear before such grand jurors at such meeting, being summoned by a subpoena from a justice of the peace, upon the request of said grand jurors, which subpoena any justice of the peace is empowered to grant, then such grand jurors may apply to a justice of the peace for a capias or warrant, who may issue one to bring such person before them; and if any person appearing or being brought before said grand jurors, shall refuse to be sworn, or, being sworn, shall refuse to be examined as a witness, or to answer any proper question respecting the matter of inquiry, such grand jurors may make complaint to any justice of the peace in the county where such meeting is had, who shall cause such person to be brought be fore him, and shall commit him to the common jail, there to remain, at his own expense, until he shall give evidence as required; and no fees shall be allowed for any of the services mentioned in this section, except as hereinafter provided.* SECT. 222. The fees of sheriffs, deputy-sheriffs, and constables, Fees of officers for serving process returnable before such grand jurors, shall be the how paid, and disposition of same as is by law allowed said officers, for the service of like process returnable before justices of the peace in civil cases; said fees to be paid from the treasury of the town, where said grand ju ror's meeting is held, upon the order of said grand jurors. fines. Grand jurors contempt. SECT. 223. Every person, who shall, either by words or actions, may punish for behave contemptuously or disorderly in presence of any meeting of grand jurors, held in accordance with the two hundred and twentyfirst section of this act, or who shall neglect or refuse to obey the commands of any subpoena, requiring such person to appear before such grand jurors, may be punished by said grand jurors, by a fine not exceeding seven dollars, or by imprisonment in a common jail not exceeding thirty days, or by such fine and imprisonment both; and such fines, when collected, shall be paid into the treasury Grand jury, when required. of such town. SECT. 224. The superior court shall have power, when there shall be occasion, to order a grand jury of eighteen, to be composed of the persons chosen by the respective towns in the county, to serve as jurors, or of other able and judicious electors of the county where said court is sitting, to be summoned, impanneled, and sworn to inquire after, and present, such criminal offenses as shall be cognizable by said courts respectively. And no person shall be put to *The law of 1731 required the grand jurors to meet semi-annually, for the purposes specified in this section. At the revision of 1750, they were required to meet once in three months, in each year. In the revision of 1821, the present provisions were adopted. plead, or held to trial, on any complaint, information, indictment, or accusation, for any crime, the punishment of which may be death, or imprisonment for life, unless a bill of indictment shall have been found against him, for such crime, by a grand jury, legally impanneled and sworn, and no bill shall be presented by any grand jury, unless twelve at least of the jurors agree to it.* cases not capital, SECT. 225. For all crimes not punishable with death, or imprison- Information in ment for life, presentment, complaint, or information, may be made &c. by grand jurors appointed by towns, or by the attorneys for the state, in their respective counties. view. SECT. 226. When any justice of the peace shall have plain view Judgment, upon or personal knowledge of any persons being guilty of drunkenness, profane swearing, cursing or sabbath breaking, it shall be accounted good and sufficient evidence in the law, for such justice of the peace, to render a judgment against such person so offending, he having first caused such person to be brought before him, but no judgment shall be rendered by a justice of the peace against any person, for any other offense, whether on confession or otherwise, without previous complaint and warrant.t sue process to be SECT. 227. Every justice of the peace may issue process, to be Justices may isserved in any part of the state, to apprehend and bring before him served anywhere self, or before any other proper authority, for trial or examination, in the state. any person against whom complaint is made for any criminal offense for which he ought to be brought before such authority, and may, in like manner, grant summons or capias for witnesses in such cases; and every justice of the peace may, in any criminal prosecution, issue process, directed to an indifferent person by name, to be served May su pro in any part of the state, to apprehend and bring before himself, or an indifferent before some other proper authority, any person against whom a complaint is made for crime, and in like manner, may grant a summons or capias for witnesses, and such indifferent person shall have authority to execute the same. cess directed to person. SECT. 228. All persons, charged with any crime punishable by Venue. law, shall be tried in the county wherein the offense shall have been committed, except that persons charged with bigamy may be tried in the county where they shall have been apprehended; and when theft shall have been committed, in one county, and the property stolen shall be carried into another county, the offender may be tried in either county; and if any person shall be willfully and maliciously stricken or poisoned in one county, and shall die of the same stroke or poison in another county, within one year thereafter, the offender shall be tried in the county where such stroke or poison was given.|| * Directions to grand jury. Lung's case, 1 C. R. 425. Proceedings before grand jury. State v. Fassett, 16 C. R. 457. When grand jury not necessary. State v. Danforth, 3 C. R. 112. Accused has no right to be present at inquest of grand jury. State . Wolcott, 21 C. R. 272. A justice having plain view, and personal knowledge of the offense of profane cursing, &c., may arrest and convict offender without warrant. Holcomb v. Cornish, 8 C. R. 375. May direct the accused to be brought before some other justice of the peace in the county. Hendee v. Taylor, 29 C. R. 448. The act of 1784, authorizes justices of the peace to direct process to indifferent persons, who upon such direction have all the authority of known officers. [ Quitam actions for any matter of a criminal nature, may be prosecuted in the county where the complainant dwells, although the crime was committed in another county. Gilbert v. Marcy, Kirby, 401. A thief may be tried wherever he carries stolen goods. State . Pease, I Root, 69. State v. Ellis, 3 C. R. 185. The courts in this state will not take cognizance of any offense committed in another state. Gilbert v. Steadman, 1 Root, 403. Witnesses in capital cases. Evidence in prosecutions for forg bank bills. SECT. 229. No person shall be convicted of any crime, by law punishable by death, without the testimony of at least two witnesses, or that which is equivalent thereto. SECT. 230. In a prosecution against any person for forging, or ing or uttering altering, any bill or bills, purporting to be issued by any bank not incorporated by the authority of this state, or for putting off such bills, knowing them to be forged, or altered, or for having in his possession such bills, knowing them to be forged, or altered, with intent to utter or pass the same, or with intent to cause or procure the same to be uttered or passed, the deposition of the president, cashier, or any clerk of such bank, duly taken, shall be admitted to prove the existence of such bank; and in such prosecutions, the testimony of witnesses, who have the means of knowledge, shall be admitted, to prove that bills of the description of those charged to be forged, or altered, pass and are received as true bills, and that the bill or bills, for which the prosecution is pending, is or are different from the true bills, and is or are treated and considered as false, forged, or altered. 1854. cutions what ev missible. SECT. 231. In all prosecutions, arising under the twenty-sixth, In certain prose- twenty-eighth and twenty-ninth sections of this act, the truth of idence not ad- any declaration, representation or pretense, that any person being or having been in this state, is or was a slave, or was or did owe service or labor to any other person, shall not be deemed proved, except by the testimony of at least two credible witnesses, testifying to facts directly tending to establish the truth of such declaration, pretense, or representation, or by legal evidence equivalent thereto, and upon the trial of any such prosecution, no deposition shall be admitted in evidence. 1862. Evidence in prosing bank bills. SECT. 232. In all prosecutions against any person for stealing ecutions for steal any bank bill, purporting to be issued by any bank incorporated by the laws of any other state than Connecticut, it shall not be necessary to prove the act or acts incorporating such bank, and testimony of witnesses having means of knowledge, shall be admitted as proof that such bill is a true and genuine bill, and of the value it purports to be. 1864. Persons not to be excused from in certain cases. SECT. 233. No person, who shall be summoned to give evidence on the part of the state, in any prosecution under sections one hungiving evidence dred and fifty-five, one hundred and fifty-six, one hundred and fiftyseven and one hundred and fifty-nine of this act, shall be excused from testifying in such prosecution, by reason that the evidence he or she may give, will tend to disgrace or criminate him or herself; nor shall such person thereafter be proceeded against criminally, or prosecuted, for any thing connected with the transaction, about which he or she shall so have given evidence; but any person guilty of willful and corrupt false swearing in any such prosecution, as aforesaid, may be proceeded against for perjury. Power to compel tify. SECT. 234. If any person, who shall be required to appear, and witnesses to tes-give his evidence, upon the examination or trial of any delinquent, or criminal, or of any offender against any penal law, shall refuse to appear, or testify, or declare his knowledge in the matter or cause, the court, or justice of the peace, holding such examination or trial, may apprehend and commit the person so refusing to jail, there to remain, at his own cost, until he shall give evidence as required; but no person shall be compelled or required to give evidence against himself, except as provided in the preceding section, nor shall any evidence, given by any person as aforesaid, be at any time construed to his prejudice. |