31 March 1860 § 75. P. L. 450. Sentences of less 72. No person shall be sentenced to imprisonment at labor, by separate or solitary confinement, for a period of time less than one year, except in the counties where, in the opinion of the court pronouncing the sentence, suitable prisons have than one year, and been erected for such confinement and labor; and all persons sentenced to simple simple imprison- imprisonment, for any period of time, shall be confined in the county jail where the conviction shall take place: Provided, That in the counties where suitable prisons for separate or solitary confinement at labor do not exist, and the sentence shall be for less than one year, simple imprisonment shall be substituted in all cases for the separate and solitary confinement at labor required by the "act to consolidate, revise and amend the penal laws of this commonwealth." See amendment 26 June 1895, P. L. 374, Supp. 2563. 12 June 1878 § 1. P. L. 181. 73. It shall and may be lawful for the several courts of quarter sessions, now authorized by law to sentence persons convicted to county workhouses, to fix the Sentences to work- term of such sentence, at the discretion of the said courts, not exceeding the terms fixed by statutes for such offences. houses. 21 May 1869 § 1. P. L. 1267. Deduction from sentences in case of good conduct. 8 June 1893. P. L. 286. Punishment of accessories. 31 March 1860 § 179. P. L. 425. Restitution to be cases. 74. All persons who have been or shall hereafter be convicted of any offence against the laws of the state of Pennsylvania, and confined in any state prison or penitentiary(h) in execution of the judgment or sentence upon such conviction, who so conduct themselves that no charge for misconduct shall be sustained against them, shall, if the governor shall so direct, have a deduction of one month on each of the first two years, of two months on each succeeding year to the fifth year, and of three months on each following year to the tenth year, and of four months on each remaining year of the term of their sentence, and shall be entitled to their discharge so much the sooner, upon the certificate of the warden or principal keeper of such prison or penitentiary, with the approval of the board of inspectors of the same. 75. Every principal in the second degree, or accessory before the fact, to any felony punishable under any act of assembly of this commonwealth for whom no punishment is provided, shall be punishable in the same manner as the principal in the first degree is by such act punishable; every accessory after the fact to any felony punishable under any act of assembly of this commonwealth for whom no punishment is provided, shall, on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, with or without labor, at the discretion of the court, not exceeding two years, and every person who shall counsel, aid or abet the commission of any misdemeanor punishable under any act of assembly of this commonwealth, for whom no punishment is provided, shall be liable to be proceeded against and punished as the principal offender.(i) 76. On all convictions for robbery, burglary or larceny of any goods, chattels or other property, made the subject of larceny by the laws of this commonwealth, or for otherwise unlawfully and fraudulently taking or obtaining the same, or of awarded in certain receiving such goods, chattels or other property, knowing the same to be stolen, the defendant shall, in addition to the punishment heretofore prescribed for such offences, be adjudged to restore to the owner the property taken, or to pay the value of the same, or so much thereof as may not be restored. And on all convictions on any indictment for forgery, for uttering, publishing or passing any forged or counterfeit coin, bank-notes, check or writing, or any indictment for fraudu lently, by means of false tokens or pretences, or otherwise, cheating and defrauding another of his goods, chattels or other property, the defendant, in addition to the punishment hereinbefore prescribed for such offences, shall be adjudged to make similar restitution, or other compensation, as in case of larceny, to the person Party aggrieved to defrauded: Provided, That nothing herein shall be construed as to prevent the party aggrieved, and to whom restitution is to be awarded, from being a competent witness on the trial of the offender. (k) be a witness. is copied from the 1st section of the act of 18 February 1847, P. L. 126. Report on the Penal Code 54. In New York, a similar law to that contained in this proviso, was held to be merely directory, and a failure to comply with its requirements, not to avoid the sentence. Miller v. Finkle, 1 Parker 374. The word "month" employed to measure time in a sentence of imprisonment means a lunar month of twenty-eight days. Commonwealth v. Stanley, 12 C. C. 543. (h) The act 12 February 1870 extends this provision to prisoners in county jails. P. L. 32. (i) This is an amendment of the act 31 March 1860, § 180. P. L. 425. One who is strictly an accessory before the fact may be convicted under an indictment charging him as principal. Campbell v. Commonwealth, 84 P. S. 187. Brandt v. Commonwealth, 94 Ibid. 290. Commonwealth v. Hughes, 11 Phila. 430. This section was introduced in the penal code to simplify the complications now existing in our criminal legislation, in reference to the punishment of accessories. As the guilt of principal offenders in the second degree, and accessories before the fact, is morally the same with that of the principal offenders, their punishment has been made the same; a general provision has also been made in this section, to embrace the cases of accessories after the fact, in felonies, and power is given to the courts to inflict, within certain limits, upon such offenders, a punishment proportionate to their crime, except in the cases of such accessories as are otherwise provided for in the code. Accessories before the fact to misdemeanors, are now punishable in the same manner, at the common law, as the principal, there being, in fact, no such crime known to the common law as an accessory before the fact to a misdemeanor; all such accessories being deemed principals; the last clause of the section is framed with a view to this principle. The existing legislation on the subject of accessories, is found in the 23d section of the act of 31 May 1718, 1 Sm. 119; the 2d section of the act of 5 April 1790, 2 Sm. 531; the act of 11 April 1825, 8 Sm. 458; the 15th section of the act of 31 May 1718, 1 Sm. 116; the 4th section of the act of 23 April 1829, 10 Sm. 435; and many other acts, in which the punishment of accessories before the fact, is declared to be the same with that of the principals. Report on the Penal Code 37. (k) This section is the consolidation, revision and extension of the various existing acts of assembly, tution. 77. The imprisonment awarded as part of the punishment of any offender, shall 31 March 1860 § 72. not stop or avoid the awarding or taking out of execution to levy such respective P. L. 447. sums recovered against them, as such offenders refuse or neglect to pay, when such Executions upon writs are taken out, which executions shall be directed to the sheriff or coroner sentences of restiof the proper county, requiring him to levy the sums due upon such recoveries as aforesaid, of the lands and tenements, goods and chattels of such offenders, returnable to the next term or session of the court where such conviction was had, which shall be executed accordingly ;() and the lands, goods and chattels thereby seized shall be sold and conveyed by the said officers, and such sales shall be as available and effectual in law as any other sales of land taken and sold for the payment of debts, by virtue of writs of execution awarded out of the courts of common pleas in the respective counties. (m) 31 March 1860. P. L. 445. 78. In all cases of felony heretofore committed, or which may hereafter be committed, it shall and may be lawful for any person injured or aggrieved by such felony, to have and maintain his action against the person or persons guilty Civil actions of such felony, in like manner as if the offence committed had not been feloni- against felons. ously done; and in no case whatever shall the action of the party injured be deemed, taken or adjudged to be merged in the felony, or in any manner affected thereby.(n) Sentences fulfilled 79. Where any person hath been, or shall be convicted of any felony, not pun- 31 March 1860 § 181. ishable with death, or any misdemeanor punishable with imprisonment at labor, P. L. 425. and hath endured, or shall endure the punishment to which such offender hath been or shall be adjudged for the same, the punishment so endured shall have the to have the effect like effects and consequences as a pardon by the governor, as to the felony or mis- of a pardon. demeanor whereof such person was so convicted: Provided, That nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment (to) which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony or misdemeanor; and that the pro- Except for pervisions of this section shall not extend to the case of a party convicted of wilful jury. and corrupt perjury.(0) XIX. Costs. P. L. 445. over costs. 80. In all prosecutions, cases of felony excepted, if the bill of indictment shall 31 March 1860 § 62. be returned "ignoramus," the grand jury returning the same shall decide and certify on such bill whether the county or the prosecutor shall pay the costs of Power of grand prosecution; and in all cases of acquittals (p) by the petit jury on indictments for and petit jurors the offences aforesaid, the jury trying the same shall determine, by their verdict, whether the county (q) or the prosecutor, or the defendant shall pay the costs, (r) or whether the same shall be apportioned between the prosecutor and the defendant, and in what proportions; and the jury, grand or petit, so determining, in case they direct the prosecutor to pay the costs or any portion thereof, shall name him in their return or verdict ;(s) and whenever the jury shall determine as aforesaid, providing for the restitution of property feloniously or unlawfully taken from the rightful owner. Restitution in cases of forgery, counterfeiting, fraudulent uttering and publishing counterfeit coin or bank-notes, and cheating by false pretences, are additions to existing laws. The present enactments relating to this subject are those of the 3d and 4th sections of the act of 5 April 1790, 2 Sm. 532; section 9 of the act of 23 September 1791, 3 Sm. 41; and the 2d section of the act of 21 March 1806, 4 Sm. 334. The proviso of this section is taken from the 31st section of the act of 31 March 1718, 1 Sm. 123. Report on the Penal Code 37. (1) A conveyance made to elude the provisions of this section, would be fraudulent and void at common law. Reichart v. Castator, 5 Binn. 114. (m) This section is taken from the 30th section of the act of 31 May 1718, 1 Sm. 122. Report on the Penal Code 54. (n) This section is new; its object is sufficiently manifest, without further explanation. Report on the Penal Code 54. See tit. "Convicts." (0) This section is new; it is founded on the principle, that if the offender has fully suffered the punishment inflicted by law upon his crimes, he should be restored to society without any further legal taint. This follows as a logical consequence, from the principle of our penal system, that the great object of punishment is the reformation of the offender. In effect, the object of this statute is at present attained through the pardon of the governor, which is continually invoked to restore such persons to their competency as witnesses, after they have fulfilled the sentence of the law; a large portion of the pardons actually granted by our governors, are given to persons so circumstanced. In England, this principle has been introduced into their recent legislation; Pennsylvania, that may justly boast of being the pioneer in the ameliora tion of the penal laws, will hardly be disposed to be less liberal. Report or the Penal Code 38. (p) If the act be charged to have been done feloniously, the jury have no power over the costs. Braddee v. Commonwealth, 6 W. 530. Nor where, on an indictment for a felony, a count for a misdemeanor is joined. Wayne County v. Commonwealth, 26 P. S. 154. The statute extends to the case of a defective indictment. Commonwealth v. Harkness, 4 Binn. 194. Commonwealth v. Tilghman, 4 S. & R. 127. Commonwealth v. Keenan, 67 P. S. 203. And to an acquittal on a plea of the statute of limitations. Baldwin v. Commonwealth, 26 P. S. 171. But where the indictment charges no legal offence, the petit jury cannot impose the costs on the defendant. Linn v. Commonwealth, 96 P. S. 285. The jury cannot convict one of two defendants, and acquit the other, and direct the latter to pay the costs. Searight v. Commonwealth, 13 S. & R. 301. The court may set aside a verdict of acquittal, so far as it imposes costs on the prosecutor. Guffy v. Commonwealth, 2 Gr. 66. (2) If the jury acquit the defendant, and say nothing as to the costs, the county is not liable. York County v. Jacobs, 3 P. & W. 365. And when a verdict of "not guilty" is rendered in pursuance of a private settlement between the parties, without evidence or actual trial, the costs cannot be imposed on the county. Commonwealth v. McCuen, 75 P. S. 215. (r) This does not include the costs of a former bill, on which judgment was arrested. Baldwin v. Commonwealth, 26 P. S. 171. (s) No person can be sentenced to pay costs as prosecutor, unless named by the jury. Clemens v. Commonwealth, 7 W. 485. But where the grand jury ignored a bill for assault and battery, and directed the person upon whom it was alleged to have been committed, to pay the costs, it was held sufficient. P. L. 445. 31 March 1860 § 62. that the prosecutor or defendant shall pay the costs, the court in which the said determination shall be made shall forthwith pass sentence to that effect, and order him to be committed to the jail of the county until the costs are paid, unless he give security to pay the same within ten days.(t) Ibid. § 63. Of the defendant's costs. 9 April 1878 § 1. P. L. 67. 81. In all prosecutions where the petit jury trying the same shall acquit the defendant, and shall determine, by the verdict, that the prosecutor shall pay the costs, (u) the defendant's bill for his subpoenas, serving the same, and attendance of his material and necessary witnesses, shall be included in the costs and paid accordingly.(v) 82. In all prosecutions where the petit jury shall acquit the defendant, and shall determine by their verdict that the costs shall be apportioned between the Defendant's costs prosecutor and the defendant, the defendant's bill for his subpoenas, serving the same, and attendance of his material and necessary witnesses, shall be included in the costs. to be taxed. 81 March 1860 § 64. P. L. 445. generally. 83. The costs of prosecution accruing on all bills of indictments charging a party with felony, returned "ignoramus," by the grand jury, shall be paid by the Payment of costs county; and the costs of prosecution accruing on bills of indictment charging a party with felony, shall, if such party be acquitted by the petit jury on the traverse of the same, be paid by the county,(w) and in all cases of conviction(x) of any crime, all costs (y) shall be paid by the party convicted; but where such party shall have been discharged, according to law,(z) without payment of costs, the costs of prosecution shall be paid by the county. And in cases of surety of the peace, the costs shall be paid by the prosecutor or the defendant, or jointly between them, or the county, as the court may direct.(a) 11 May 1874 § 1. P. L. 132. Payment of costs, in cases of felony. 19 May 1887 § 1. P. L. 138. County liable in every case of misdemeanor. Witnesses. 84. The costs of prosecution accruing on all bills of indictments charging a party with felony, ignored by the grand jury, shall be paid by the county; and in all cases of conviction of any felony, all costs shall be paid forthwith by the county, unless the party convicted shall pay the same; and in all cases in which the county pays the costs, it shall have power to levy and collect the same from the party convicted, as costs in similar cases are now collectible.(b) 85. The costs of prosecution accruing in every case of misdemeanor (c) in any of the courts of quarter sessions of the peace of this commonwealth shall, on the termination of the prosecution by the bill of indictment being ignored by the grand jury, or by a verdict of a traverse jury and sentence of the court, thereon be immediately chargeable to and paid by the proper county: Provided, That the county shall be liable only for the costs of such witnesses, as the district attorney shall certify were subpoenaed by his order and were in attendance and necessary to the trial of the case. although they omitted to designate him as prosecutor. Commonwealth v. Carr, Quarter Sessions, Phila., 23 October 1847. MS. The act does not apply to persons concerned in prosecutions in their official capacity; Guffy v. Commonwealth, 2 Gr. 66; and hence, in a prosecution for keeping a disorderly house, the jury cannot impose the costs on the constable who made the return. Commonwealth v. Barr, Quarter Sessions, Lancaster, January 1848. MS. Commonwealth v. Jackson, 13 L. Bar 59. (t) See Keefhaver v. Commonwealth, 2 P. & W. 240. Searight v. Commonwealth, 13 S. & R. 303. Commonwealth v. Curren, 9 Phila. 623. A verdict of "not guilty, and county pay costs," is not a finality; there must be a judgment on the verdict, to render the county liable. Commonwealth v. Tack, 3 Brewst. 532. This section is taken from the 1st and 2d sections of the act of 8 December 1804, 4 Sm. 204; and the act of 12 April 1859, P. L. 528. The only change made in these laws is, that the like privilege of giving security for the payment of costs in ten days is given to the defendant, who, although acquitted, is ordered to pay the costs, as is given to the prosecutor in case he is ordered to pay the costs. Report on the Penal Code 53. (u) If the jury acquit the defendant, and direct the costs of prosecution to be paid by the county, the latter is not liable for the attendance of the defendant's witnesses. Franklin County v. Conrad, 36 P. S. 317. (e) This section is taken from the act of 9 February 1820, 7 Sm. 242. Report on the Penal Code 53. (w) See Commonwealth v. Horner, 34 P. S. 440. Commonwealth v. Benscoter, 7 Luz. L. Reg. 191. The county is not liable for the defendant's costs, on an acquittal of a charge of felony. Huntingdon County v. Commonwealth, 72 P. S. 80. (x) This includes convictions for drunkenness and vagrancy, Northampton County v. West, 28 P. S. 173, Lancaster County v. Brinthall, 29 Ibid. 38, provided the defendants be sentenced to hard labor, and the commitments follow the sentences as recorded. Cumberland County v. Holcomb, 36 P. S. 349. York County v. Dalhousen, 45 Ibid. 372. The case of a prosecutor on a bill returned "ignoramus," is not within the act; nor that of a defendant acquitted, but ordered to pay the costs by the petit jury; nor where the prosecutor is ordered to pay costs on an acquittal. Commonwealth v. Philadelphia County, 4 S. & R. 541. Nor where the case is determined by nolle prosequi. Agnew v. Cumberland County, 12 S. & R. 94. Berks County v. Pile, 18 P. S. 493. Or the indictment is quashed. Commonwealth v. Huntingdon County, 3 R. 487. But it extends to cases where the party may be discharged under the insolvent laws; or where judgment has been arrested or reversed on error. Agnew v. Cumberland County, 12 S. & R. 95. Or where the defendant has been pardoned, after conviction. Duncan v. Commonwealth, 4 S. & R. 449. (y) This does not include costs of an attachment against a witness for contempt. Commonwealth v. Philadelphia County, 2 S. & R. 292. (z) Unless the discharge be a legal one, the county is not liable. Mark v. Clinton County, 4 Clark 15. See Beidelman v. Northampton County, 4 Leg. Gaz. 212. (a) This section is a consolidation of the 11th and 15th sections of the act of 23 September 1791, 3 Sm. 43-4; and the 13th section of the act of 28 March 1814, 6 Sm. 229; and the 1st section of the act of 20 March 1797, 3 Sm. 281; and embraces the cases provided for by them. Report on the Penal Code 53. (b) The act 10 April 1873, P. L. 640, makes a similar provision for York county, but including also cases of surety of the peace. But this does not render the county liable, in cases of surety of the peace, unless so ordered. York County v. Crafton, 100 P. S. 619. (e) The county is not liable where the prisoner escaped from custody. Schonawolff v. County, 5 C. C. 329. Where the defendant is convicted and a new trial refused, but sentence is indefinitely suspended, the county becomes at once liable for the costs. Wright v. Donaldson, 33 W. N. C. 235. The county becomes liable immediately upon ignoring of a bill; no sentence is necessary. Allen v. Delaware County, 34 Ibid. 374. P. L. 188. 86. When the record in any criminal case shall have been removed by writ of 19 May 1887 § 2. certiorari or otherwise to the supreme court for review and shall have been therein disposed of, the necessary expenses of the district attorney in connection there- On removal of the with, including a reasonable compensation for his services to be fixed by the court supreme court. in addition to the regular fee now allowed him by law for trying the case in the lower court, shall be paid by the proper county.(d) Ibid. Costs in desertion 87. The costs of the officers, including the costs of the justice of the peace and constable, and [in] all cases of wife desertion and surety of the peace, shall be chargeable to and paid by the proper county as soon as the case is disposed of by and surety of the the order of the court. 88. It shall be the duty of the district attorney and county commissioners to use all due diligence to collect the costs, in every case mentioned in this act, from the party made liable therefor by the sentence or order of the court, and to pay the same into the county treasury. peace. Ibid. Duty to collect. 89. Where any person shall be brought before a court, justice of the peace, or 28 Sept. 1791 § 13. other magistrate of any city or county of this commonwealth, having jurisdiction 3 Sm. 43. charge of a in the case, on the charge *** of having committed a crime, and such charge, No costs to be upon examination, shall appear to be unfounded, no costs shall be paid by such charged, on disinnocent person; but the same shall be chargeable to and paid out of the county prisoner. stock, by such city or county.(e) P. L. 445. 90. In all cases where two or more persons have committed an indictable 31 March 1860 § 65. offence, the names of all concerned (if a prosecution shall be commenced) shall be contained in one bill of indictment, for which no more costs shall be allowed Costs on separate than if the name of one person only was contained therein.(g) bills. 91. In all criminal prosecutions, where a defendant or prosecutor is adjudged 20 March 1818 § 1. to pay the costs of prosecution, he shall, unless the grand or petit jury direct otherwise, pay, with the other costs of indictment, the sum of four dollars for the use Jury fee to be of the county, to be taxed in the bill of costs. 7 Sm. 86. taxed. P. L. 249. 92. The county of Luzerne shall pay all legal costs of the officers of the courts 2 April 1863 § 1. of quarter sessions and oyer and terminer, including the fees of the district attorney, in all criminal prosecutions in said county, whether of misdemeanor or Payment of costs, felony.(h) in certain counties. CRIMINAL TRIALS. See CRIMINAL PROCEDURE. CRUELTY TO ANIMALS. See CRIMES. CRUELTY TO CHILDREN. See INFANTS. (d) Where, on the removal of a criminal case to the supreme court, an application is made for the payment by the county of the district attorney's expenses and compensation, it is the duty of the court below to fix the amount of the same. Commonwealth v. Morningstar, 144 P. S. 103. (e) County commissioners are not justified in paying indiscriminately all costs, without close scrutiny. Bearerson v. York, 3 Lane. L. R. 209. (g) This section is taken from the act of 28 March 1805, 4 Sm. 235. Report on the Penal Code 54. By act 6 May 1871, no defendant acquitted by the petit jury, but ordered to pay costs, shall, in Lancaster county, be sentenced to the payment of any costs that have accrued after the first term of the court, provided the case was not continued at his instance. P. L. 595. (h) By act 29 March 1867, this provision is extended to Dauphin county, but it applies only to the costs of the sheriff, clerk and district attorney, and to those cases only in which the costs cannot be collected from the persons liable to pay the same. P. L. 613. By act 22 January 1869, it is extended to Schuylkill county, with a similar restriction, P. L. 100; and by act 31 March 1870, its provisions are extended so as to include the costs of justices and constables, in Schuylkill county, where a nolle prosequi has been entered by leave of the court. P. L. 693. By act 19 February 1873, P. L. 131, it is extended to Fayette county, with a like restriction. By act 15 April 1869, the commissioners of Cameron county are required to pay the costs of justices and constables, in all cases of misdemeanor and felony. P. L. 1043. See act 20 March 1869, § 3, as to Chester county. P. L. 459. And act 4 April 1866, as to Mercer county. P. L. 502. CURSING AND SWEARING. See CRIMES. CY-PRES. See CHARITIES. DAIRY AND FOOD COMMISSIONER. See OLEOMARGARINE. DAMAGES. See BOROUGHS; COMMON SCHOOLS; CORPORATIONS; EMINENT DOMAIN; MUNICIPAL CORPORATIONS; RAILROADS; ROADS, HIGHWAYS AND BRIDGES. 2 May 1876 § 1. P. L. 95. Damages may be 1. Damages may be recovered to time of trial. 2. Upon an interlocutory judgment, jury may assess damages. 1. In all actions now pending, or hereafter to be brought, for the recovery of damages or mesne profits, it shall be lawful for the plaintiff, at any time, not less than fifteen days before trial, to give notice to the defendant, or his attorneys, that recovered up to the he proposes to claim damages or mesne profits up to the date of trial of such suit; and on such trial, the plaintiff may recover such damages or mesne profits, not barred by the statute of limitations, to the time of such trial, as may be warranted by law and the evidence. time of trial, on notice. 22 May 1722 § 27. 1 Sm. 144, Upon an interlocutory judgment, jury may assess damages. 2. The justices who give any interlocutory judgment, shall at the motion of the plaintiff or his attorney in the action where such judgment is given, make an order, (i) in the nature of a writ of inquiry, to charge the jury attending at the same or next court, (k) after such judgment is given, to inquire of the damages and costs sustained by the plaintiff in such action; which inquiry shall be made, and evidence given in open court;() and after the inquest consider thereof, they shall forthwith return their inquisition, under their hands and seals; whereupon, the court may proceed to judgment, (m) as upon inquisitions of that kind returned by the sheriff.(n) DAMS. See MILL-DAMS. DAUPHIN COMMON PLEAS. See DEFAULTING PUBLIC OFFICERS; MANDamus. DEADLY WEAPONS. See CRIMES. DEAF AND DUMB. See EDUCATION. DEATH. See BOROUGHS; REGISTRATION OF MARRIAGES, BIRTHS ANd Deaths. (i) See form of order. Wright v. Crane, 13 S. & R. 448. It is a matter of right. Bell v. Bell, 9 W. 48. (k) The jury are taken from the panel in attendBell v. Bell, 9 W. 48. ance. (1) See Ridgely v. Dobson, 3 W. & S. 123. (m) The parties are not entitled to bills of exception. Bell v. Bell, 9 W. 47. (n) Damages may be assessed under this act where judgment is taken for unliquidated damages for want of an affidavit of defence in an action ex contractu. Bradly v. Potts, 33 W. N. C. 570. |