SEC. 150. Any person who shall be aggrieved at any sentence of any magistrate pronounced against him, or any complaint for threats, assault or battery or both, or for theft, or for any offence which is or shall be within the jurisdiction of such magistrate to try and determine, may appeal from such sentence to the court of common pleas then next to be holden in the same county, after ten days: provided such appeal be prayed at the time of passing such sentence; and upon such prayer the appellant shall be required to give recognizance in such sum as such magistrate shall direct, and with surety to the satisfaction of such magistrate, conditioned, that he will file his reasons of appeal, together with a copy of the whole case in the court appealed to, on or before the second day of the next term thereof as aforesaid, that he will appear before said court and there prosecute his appeal with effect, and abide or perform the order or sentence of said court in said case, and that he will in the meantime keep the peace towards all the people of this state; which recognizance such magistrate shall forthwith certify to said court of common pleas; and upon the neglect of such appellant to give such recognizance, he shall forthwith be committed to the jail in the same county, there to remain until he give such recognizance or be discharged by order of law. And said appeal shall be there heard and tried, and the judgment or sentence of said court therein shall be final.

SEC. 151. The justices of the supreme court throughout the state, the justices of the several courts of common pleas throughout their respective counties, and the wardens in the town in which they are chosen by law throughout their respective towns, shall have the same powers in criminal cases that justices of the peace have in their respective counties.

SEC. 152. Whenever any magistrate in any county shall issue his warrant against any person charged with an offence committed within such county, and such persons so charged as aforesaid shall escape into, reside or be in any other county, such magistrate may direct said warrant to each and all sheriffs, deputy-sheriffs, town sergeants and constables within this state, requiring them to apprehend such person and him bring before such magistrate, to be dealt with according to law.

SEC. 153. Any court in any county before which an indictment shall be found against any person for an offence committed or triable within such county, may, if such person shall escape into, reside or be in any other county, issue a capias directed to each and all officers as aforesaid, requiring

them to apprehend such person and him bring before said court, if said court at the time of the service of said capias shall still be in session; if not, then to commit him to jail in the county in which such indictment is pending, there to be kept until he shall give recognizance before some magistrate of the same county with sufficient sureties, in the sum named in said capias, if any sum be named therein, and if not, then in such sum as the magistrate shall deem reasonable, if the offence be bailable, to appear before the said court in said county, on the second day of the term next after the giving of such recognizance, to answer to said indictment; which recognizance shall be returned by said magistrate unto the clerk of the said court; or the prisoner may give such a recognizance while in the custody of the officer before he is committed to jail; and thereupon the officer shall discharge him from his custody.

SEC. 154. The officers to whom such warrant or capias shall be directed, are hereby required to obey and execute the same. And any person who shall obstruct or assault any such officer while in the execution of his said office, shall be liable to the penalty prescribed in the fifty-ninth section of this act.

SEC. 155. Any person who shall be aggrieved by any sentence of any court of common pleas, pronounced against him in any criminal prosecution originally commenced and prosecuted before such court, may appeal from such sentence to the supreme court at their next term, to be holden within and for the same county, where the cause shall be duly heard as if such prosecution had been commenced before said supreme court: provided such appeal be prayed at the time of passing such sentence; and upon such prayer the appellant shall enter into recognizance with two good and sufficient sureties, in such sum as the said court shall direct for his appearance before said supreme court, and for the prosecution of his appeal with effect, and to abide by and to perform what said court shall enjoin thereon, and to be of good behaviour in the mean time; which recognizance the clerk of said court of common pleas shall immediately certify to said supreme court; and upon the neglect of the appellant to give such recognizance, he shall forthwith be committed to the jail in the same county, there to remain till he give such recognizance, or be discharged by order of law. And every person appealing from any such sentence, shall file his reasons of appeal with the clerk of the said supreme court appealed to, ten days

before the sitting of such court, and also an attested

the whole case.

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SEC. 156. If any appellant shall fail to enter or prosecute his appeal he shall be defaulted on his recognizance, if any was taken; and the court appealed to may award sentence against him for the offence whereof he was convicted, in like manner as if he had been convicted thereof in that court, and make such further order in the premises as they would or might have made had said appeal been entered and prosecuted in said court; and if he be not then in custody process may be issued to bring him into court to receive sentence.

SEC. 157. No person accused of any offence for which by this act he may be sentenced to death, to imprisonment for life, or for a term of seven years, shall be tried except by the supreme court.

SEC. 158. No person accused of treason against this state, murder, robbery, rape, arson, or burglary, shall be bailed except by the supreme court or one of the justices thereof.

SEC. 159. Every person who shall be imprisoned upon suspicion of having committed either of the crimes in the next preceding section mentioned, shall be bailed or discharged, if not indicted at the second term of said supreme court after such commitment. Every person who shall be indicted for either of said crimes and shall be imprisoned under the indictment, shall be tried or bailed at the term of said court next after that at which he shall plead to said indictment, if he demand a trial, unless it shall appear to the court that some material witness in behalf of the state has either been enticed away or is prevented from attending court by some unavoidable accident. Upon the trial of any such person he shall be allowed to challenge peremptorily twenty of the persons summoned as jurors, and no more.

SEC. 160. No person, except upon indictment found by a grand jury, shall be put on trial for any crime or offence before the supreme court or either of the courts of common pleas in this state, except in case of an appeal from the sentence of some magistrate.

SEC. 161. All indictments for any crime or misdemeanor committed on the waters of the Narragansett bay, shall be triable in any county, at the discretion of the attorney general.

SEC. 162. Every person who shall be accused of any offence shall be proceeded against in the county in which the offence shall be alleged to have been committed, and not elsewhere, except in the cases in which special provision is or shall be made to the contrary.

SEC. 163. No indictment or other criminal process shall be abated or quashed for any want of form: provided it contain such allegations of the offence that the accused shall be able to plead and make defence thereto without prejudice to his rights, and to avail himself of any judgment that may be rendered thereon in case of a second complaint against him for the same offence; and every defect and want of substance in any such process may be amended and supplied with the consent of the accused.

SEC. 164. If any prisoner on being arraigned for any offence shall stand mute, or not answer directly, or shall peremptorily challenge a greater number of the persons summoned as jurors than he is by law entitled to challenge, the plea of not guilty shall be entered on the record, the supernumerary challenges disregarded, and the trial proceed as if the prisoner had pleaded not guilty, and as if he had not made such challenges.

SEC. 165. When an indictment shall be found against any person for any offence and the petit jury shall not be satisfied. that he is guilty of the whole offence, but shall be satisfied that he is guilty of so much thereof as shall substantially amount to an offence of a lower nature, the jury may find him guilty of such lower offence; and the court shall proceed to sentence such convict for the offence of which he shall be so found guilty.

SEC. 166. Every person who shall be convicted of any crime or offence before any court or magistrate, shall be liable to pay all the costs of his prosecution and conviction, and the payment of the same shall be a part of his sentence; and in case he shall be imprisoned he shall be kept in imprisonment until such costs are paid; including also all costs of his commitment, unless upon application such costs shall be remitted by a justice of the supreme court or court of common pleas of the same county; such justice being first satisfied that the prisoner is unable to pay such costs.

SEC. 167. The preceding section shall not apply to convicts sentenced to death or to be imprisoned in the state prison; in any such case the costs shall be paid by the state.

SEC. 168. Every person who shall be convicted before any court or magistrate of any crime or offence, and who shall be fined therefor, shall be committed to the jail in the same county unless otherwise ordered, according to the provisions of the one hundred and twenty-seventh section, until such sentence be compliedwith in all its parts; subject how

ever to the provision respecting the remission of costs in the one hundred and sixty-sixth section of this act.

SEC. 169. Whenever any person under recognizance shall fail to perform the condition of his recognizance, his default shall be recorded, and process shall be issued against the persons bound in such recognizance, or such of them as the attorney general shall direct.

SEC. 170. Any person who shall be surety in any recognizance to keep the peace, or for the appearance of any person accused, or of any witness, or in any recognizance which shall be given on claiming an appeal, shall have the same power and authority over his principal as though he were bail for him in any civil cause; such surety may at any time surrender his principal to the court or magistrate who took such recognizance, or may commit him to the jail in the same county, leaving with the jailer a certified copy of such recognizance; and upon such surrender or commitment shall be discharged and exempt from all liability for any act of the principal subsequent thereto, which would have been a breach of the condition of the recognizance; and the person so surrendered or committed may be recognized anew with sufficient surety, and be in all respects dealt with in the like manner and with the same effect as though he had never given any recognizance in the case: provided, however, that in case any recognizance shall have been certified to some other court, the surrender shall be made to such court if in session.

SEC. 171. When complaint shall be made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that any money or other thing, the subject of larceny by the provisions of this act, has been stolen or embezzled, or obtained by false tokens or pretences, within this state or elsewhere, and that the complainant believes that the same is concealed in some house or place within the county where such complaint shall be made, and in such complaint particularly described, such magistrate, if he be satisfied that there is reasonable ground for such belief, shall issue his warrant directed to the sheriff, his deputy, or to either of the town sergeants, city sergeants or constables in said county, commanding them in the name of the state diligently to search the house or place therein described, in the day time, and to bring said money or thing stolen, if the same shall be found therein, and the person or persons in whose possession or custody the same shall be, before said magistrate or some other magistrate in the same county; which warrant any such officer is hereby authorized and required to execute.