No person shall be accounted an inhabitant, so as to have gained a legal settlement in any parish, until such person shall have been actually resident in such county one whole year.

Upon complaint made by the county wardens of any county, before a justice of the peace, that any poor person or persons are come into their county, and likely to become chargeable thereto, it shall be lawful for such justice, by warrant, under his hand, to cause such poor persons to be removed to the county where he or she was legally last-settled. But if such poor person be sick or disabled, and cannot be removed without danger of life, the county wardens shall provide for his or her maintenance and cure at the charge of the parish, and after recovery, shall cause him or her to be so removed. And the county wherein he or she was last legally settled, shall repay all charges occasioned by the sickness, maintenance, and cure of such person; and also all charges and expenses, if such person shall die before removal. And if the county wardens of the county to which such poor person belongs, shall refuse to receive and provide for the person or persons removed by warrant as aforesaid, every county warden so refusing shall forfeit and pay twenty pounds, one half to the use of the county from whence the removal was, and the other half to informer. And if the wardens of the county where such poor person was legally settled shall refuse to pay and satisfy all the charges and expenses aforesaid, in such case, the wardens of the county refusing, shall be liable for the same; to be recovered with costs.

And if any housekeeper shall entertain such poor person, and shall not give notice thereof to the county wardens of the county, or one of them, within one month, he or she so offending shall forfeit and pay the sum of five pounds; to be recovered with costs, by the county wardens, for the use of the county.Acts 1777, c. 7, §23.

All persons duly elected wardens of the poor, and on notice from the sheriff refusing to qualify, shall forfeit and pay the sum of ten pounds specie, to the use of the county.

The wardens of the poor for the several counties in this state, are empowered to lay a tax annually, on the inhabitants of their respective counties, not exceeding one shilling on every poll, and five cents on every hundred dollars' valuation of land with their improvements, and one shilling on every hundred pounds' value of town property, in addition to the taxes which the said wardens have been heretofore empowered to

Aay for the support of the poor. And the taxes to be raised in pursuance of this act, shall be collected, accounted for, and applied in the manner heretofore prescribed by law. And the said wardens are likewise empowered, when to them, or at least two thirds of them in each county, it shall seem necessary, to erect proper buildings in their respective counties, for the reception, residence, and employment of the poor.

In all cases where the time of service of the last appointed wardens shall be expired, and the county court deem a new election necessary, it shall be lawful, and they are required to order an election for wardens; which the sheriff of the county shall obey, and hold under the same rules, regulations, and restrictions as are by law prescribed for the regular elections.

Persons being distracted or otherwise deprived of their senses, so that the wardens shall judge them incapable of self preservation, shall be under the care of said wardens, who are empowered to keep them confined in such houses and so long as they may judge necessary.

The wardens of the poor shall, every year, at the next court of pleas and quarter sessions of their respective counties after the first day of June, publish and set up in the courthouse, an account of the monies by them received by taxes or otherwise, for the purpose of supporting the poor, with the use and application they may have made of the same, particularly specifying the expense of each pauper, with an account of the claims or debts unpaid, if any, and to whom due, under the penalty of 100l. to be recovered in the name of the chairman of the county court, to the use of the county. And the attorney acting in behalf of the state is required to institute suit for the same.

Those who have been wardens of the poor, shall call upon settle with, and pay over to their successors, all monies remaining in their hands unappropriated, under the penalty of fifty pounds, each person, to be recovered by an action of the present wardens, on motion to the court of pleas and quarter sessions of their county, first giving said delinquent wardens ten days? notice of their intention to make such motion.

POSSE COMITATUS.

Posse Comitatus is the power of the county, consisting of all male persons therein, whether freemen or servants, above the age of fifteen years, and able to travel-Lamb. 309.

But clergymen, and sick, lame, or impotent persons, are ex cepted.

Every justice of the peace, upon just cause, may raise this power, or such a number as in his discretion shall appear ne cessary, and may likewise direct in what manner they shall be armed. The persons whose assistance he shall require or command in the name of the state, must obey, upon pain of fine and imprisonment.

One justice may take the power of his county to suppress rioters, without staying for the coming of another justice, or the sheriff.

So likewise in forcible entry or detainer, and force found either upon the justice's own view, or by inquisition taken be fore him-14 Hen. 7, c. 8.

And also to pursue and apprehend traitors, murderers, robbers, and other felons; all breakers or disturbers of the peace, and all persons against whom surety of the peace shall be granted. Dalt. 454.,

The sheriff or under sheriff may, by the common law, take the power of his county to execute any lawful writs or processe West. 1, 17. and. W. 3, 39.

So he may to execute a justice's precept or warrant to him directed.

And without any writ or precept, the sheriff, by virtue of his office, as conservator of the peace, may raise the power of his county to preserve the peace, if broken in his view or presence, and to apprehend the breakers, and all rioters, traitors, and felons.-Dalt. 454. 1

A constable may take the aid of his neighbours, or other persons present, to apprehend a felon, or one who has danger ously hurt another..

As also to execute a justice's warrant, or to keep the peace, if broken or disturbed in his presence, and to apprehend the offenders, and carry them before a justice.

3

By the common law, every judge of record, sheriff, coroner, constable, or other officer, to whose office belongs the conservation of the peace, may command and take the aid and force of others to pacify riots or affrays, and to arrest all such who in their presence, and within their jurisdiction, shall endea vour to break the peace, by word or deed.-28 Edw. 3, c. &

PRESENTMENT.

Presentment is the notice taken by a grand jury of any of fence from their own knowledge or observation, without any bill of indictment laid before them in behalf of the state.

When a presentment shall be made of any offence by the grand jury, upon the knowledge of one or more of their body, the name or names of such grand juror or jurors giving information, shall be endorsed on the presentment. And when any presentment or information shall be made by a grand jury of any offence, upon the testimony of a witness called upon by the grand jury to give testimony, the name of such witness shall likewise be endorsed thereon.

No person shall be, arrested or charged before any court on a presentment made by a grand jury, before the attorney actng for the state, shall prepare a bill, and such bill found by the grand jury to be a true bill.

PRINCIPAL.

A man may be principal in an offence in two degrees. A principal in the first degree is he that is the actor or ab solute perpetrator of the crime.

And a principal in the second degree is he who is present, aiding, and abetting the fact to be done. Which presence need not always be an actual immediate standing by, withinsight or hearing of the fact. But there may be also a constructive presence. As when one commits a robbery or murder, and another keeps watch or guard at some convenient distance.

This rule hath also other exceptions. For in case of murder by poisoning, a man may be a principal felon by preparing and laying the poison, or giving it to another (who is igno rant of its poisonous quality) for that purpose, and yet not administer it himself, nor be present when the very deed of poisoning is committed. And the same reasoning will hold with regard to other murders committed in the absence of the murderer, by means which he had prepared beforehand, and which probably could not fail of their mischievous effects. As by laying a trap or pitfall for another, whereby he is. killed; letting out a wild beast to do mischief; or exciting a madman to commit murder, so that death thereupon ensues. In every of these cases the offender is guilty of murder as a

1

principal in the first degree. For he cannot be called an accessory, that necessarily presupposing a principal. And the poison, the pitfall, the beast, or the madman, cannot be held principals, being only the instruments of death. As, therefore, he must be certainly guilty either as principal or acces sory, and cannot be so as accessory, it follows that he must be guilty as principal. And if principal, then in the first degree. For there is no other criminal; much less, a superior in the guilt, whom he could aid, abet, or assist,

PRISON AND PRISONERS.

There shall be kept and maintained in good and sufficient repair, in each and every county in this state, a courthouse and common jail. The whole expense of building whereof, when there shall be occasion, as well as repairing such as are already built, shall be defrayed by the county wherein the same are situated. And the courts of the several counties respectively, are invested with full power and authority, to lay and collect taxes from year to year, as long as may be necessary, for the purpose of building, repairing, and furnishing their several courthouses and jails in such manner as they shall think proper; and from time to time to order and establish such rules and regulations for the preservation of the courthouses, and for the government and management of the prisons, as may be conducive to the interest of the public, and the security and comfort of the persons confined.,

The duty of the treasures of public buildings shall be, to superintend the public buildings, and from time to time to report the state and condition thereof; to recommend alterations, repairs, or improvements, together with the sums requisite for carrying such alterations, repairs, or improvements into effect; to call to account and settle with, all former commissioners who may have received county monies for such purposes; to hear the complaints of persons confined respecting their diet and treatment; to examine into the conduct and character of the jailor, and make information thereof to the court or grand jury of the county, as circumstances may require; to apply for and obtain from the clerk, all papers and documents properly attested, which may be necessary for the collection of the taxes laid by the court, to see that the same be collected, accounted for, and applied according to the intentions and provisions of the law. And said treasurer shall hold his office during good behaviour; and as a compensation

*