SEC. 39. The supreme court may cause all prisoners who shall have been sentenced to imprisonment, to be brought before them, with the warrants of commitment, and to order all or any of them to be carried to and confined in any other jail, on their sentences.

SEC. 40. The supreme court and the court of common pleas, may sentence any person who shall be convicted before them of an offence punishable by imprisonment in any jail, to be imprisoned in the jail in any county.

SEC. 41. Whenever it is provided that any crime or offence shall be punished by fine or imprisonment, it shall be in the discretion of the court or magistrate imposing such punishment to select the kind of punishment to be imposed, and if such punishment be fine or imprisonment, the amount or term of the same; the said amount or term being within the limits prescribed by law.

SEC. 42. Whenever any accused person under the age of eighteen years shall be required by any court or justice in the county of Providence, to enter into recognizance for his appearance before any court, as probably guilty of an offence beyond the jurisdiction. of said court or justice to try and determine, and such person shall not give the same, he may, at the discretion of the court or justice, be committed to the Providence reform school, there to remain until the required recognizance be given, or he be otherwise discharged by order of law.

SEC. 43. The warrant or mittimus for the commitment of any such accused person to said reform school shall be, as nearly as the object of such commitment will admit, in the form prescribed in section forty-five of this chapter for the commitment of convicts; and the trustees and keeper of said reform school, shall have the same authority over any such accused person so committed to their custody, which they have by law over convicts in said reform school, except that they shall not have authority to bind out or discharge such accused persons.

SEC. 44. Whenever any child under the age of eighteen years shall be convicted by or before any court, justice of the peace or magistrate in the state, of any criminal offence whatsoever, such court, justice or magistrate may at their or his discretion, sentence such child to the Providence reform school for a term not less than two years, nor longer than the minority of such child, or to such punishment as is in general provided by law for the same offence; and if the sentence be to the reform school, then it shall be in the alternative, to the Providence reform school, or to such punishment as would otherwise have been awarded.

SEC. 45. When any person shall be sentenced to imprisonment in the Providence reform school, the clerk of the court, or the justice of the peace passing such sentence, shall forthwith issue a warrant under the seal of said court or justice, directed to the sheriff or his deputy of the county, or to any town sergeant or constable of any county wherein such court is held, reciting the sentence, and requiring said sheriff or deputy, town sergeant or constable, to take the said convict and him or her deliver to the

trustees of said reform school, or the keeper thereof; and such warrant shall constitute the officer charged therewith, while he has the same in his possession for service, an officer in any county in this state, into which it may be necessary for him to go, to all intents and purposes whatever.

SEC. 46. The general treasurer shall pay to the city of Providence the actual cost of supporting all children committed for want of recognizance, or convicted before any court or justice not sitting within the limits of the city, and sent under such commitment or sentence to said school, not computing, in such cost, any salary or wages of any superintendent, keeper or instructor employed therein.

SEC. 47. When any person shall be sentenced to imprisonment in the state prison, the clerk of the court passing such sentence, shall forthwith issue a warrant under the seal of the said court, directed to the sheriff or his deputy of the county wherein such court is held, reciting the sentence, and requiring said sheriff or deputy to take the said convict and him deliver to the warden of the said prison; and the said warden to receive such convict into his custody and him safely keep in said prison during the term specified in such sentence; and such warrant shall constitute the officer charged therewith, while he has the same in his possession for service, an officer in any county in this state into which it may be necessary for him to go, to all intents and purposes what

ever.

SEC. 48. No person who shall be sentenced to imprisonment in the state prison shall have any power, during his imprisonment to make any will or any conveyance of his property, or of any part thereof.

SEC. 49. Whenever any person shall be imprisoned in the state prison for life, or for a term of seven years or more, any creditor of such person may apply to the court of probate of the town in which the said prisoner last lived and was domiciled, in this state, or in which he shall have any estate, that letters of administration may be granted on said estate to the next of kin to said prisoner, or to any disinterested person during such imprisonment.

SEC. 50. Such court is hereby authorized and empowered, after giving notice to all persons interested, to grant such petition, and to do all other things required and authorized to be done in the settlement of a deceased person's estate.

SEC. 51. The bond given in such case by the administrator, shall secure to such prisoner, after he shall be discharged from the state prison, whatever shall remain of his estate after payment of the debts of such prisoner, the expenses of settling his estate, and of such sums as the said court of probate may, from time to time, direct or allow for the support of his family; but in case of imprisonment for life, such prisoner's estate shall be divided among his heirs at law, and distributed in the same way as though he were dead.

SEC. 52. Any administrator who shall be appointed in pursu

ance of the next preceding sections, shall have the same powers, be subject to the same liabilities, and discharge the same duties, as an administrator of the estate of a deceased person.

SEC. 53. The costs of prosecution, conviction and commitment of persons imprisoned in the state prison, shall be paid by the state, and the payment thereof shall form no part of the sentence of such convicts.

SEC. 54. The payment of such costs shall, in all other cases, be a part of the sentence of a convict, who shall be sentenced to be imprisoned until such costs are paid or remitted.

SEC. 55. The payment thereof may, upon application, be remitted by either justice of the supreme court, or in the county of Providence by any justice of the peace of that county, acting jointly with a justice of the court of magistrates in the city of Providence, and in any other county by a state senator residing

therein.

SEC. 56. Every person who shall be sentenced to imprisonment for life, or for the term of one year or more, for any one offence, shall forever thereafter be incapable of being elected to any office of honor, trust or profit in this state, and of acting as an elector therein, and of giving testimony as a witness before any tribunal, unless such person be pardoned, or such sentence be reversed.

CHAPTER 223.

OF FUGITIVES FROM JUSTICE, AND PROTECTION OF OFFICERS OF ADJOINING STATES.

SECTION

1. Magistrate's warrant to arrest fugitive, when and upon what complaint to be issued.

2. Of examination of, and proceedings in case of probable guilt.

3. Not giving recognizance, to be committed.

4. Proceedings in case recognizance defaulted.

5. Fugitive, by whom to be bailed.

6. When entitled to discharge, unless

SECTION

demanded, and liability of, to be taken on executive warrant.

7. Recognizance for costs to be given to obtain magistrate's warrant for arrest of fugitive, and such warrant neither superseding nor superseded by other process.

8. Officers of adjoining states secured in transit through this state with prisoners, &c.

9. Punishment for obstructing them &c.

SECTION 1. Whenever any person shall be found within this state, charged with an offence committed in any other state or territory, and liable by the constitution and laws of the United States to be delivered over upon the demand of any executive of any other state or territory, any magistrate authorized to issue warrants in criminal cases, may, upon complaint under oath, setting forth the crime or offence and such other matters as are necessary to bring the case within the provisions of law, issue his warrant to

bring the person so charged, before the same or some other magistrate within the state, to answer such complaint as in other cases.

SEC. 2. If upon the examination of any person so charged, it shall appear that there is reasonable cause to believe the complaint true, and that such person may be lawfully demanded of the executive of this state, he shall, if charged with an offence bailable by such magistrate, when committed within this state, be required to recognize in a reasonable sum with sufficient sureties to appear before such magistrate at some future day, allowing a reasonable time to obtain a warrant from the said executive, and to abide the order of such magistrate on such complaint.

SEC. 3. If such person shall not so recognize, he shall be committed to jail, and be there detained until he give such recognizance, or until such day.

SEC. 4. If he shall recognize and shall fail to appear according to the conditions of his recognizance, he shall be defaulted, and like proceedings shall be had as in case of other recognizances entered into before a magistrate.

SEC. 5. If such person shall be charged with an offence not bailable by such magistrate when committed within this state, he shall be committed to prison, and there detained until the day appointed for his appearance before such magistrate; but in such case the said person shall be bailable in the same manner as he would be if such offence had been committed in this state.

SEC. 6. If the person so recognized or committed shall appear before such magistrate upon the day appointed, he shall be discharged, unless he shall be demanded by some person authorized by a warrant of the executive to receive him: Provided, that whether such person so charged be recognized, committed or discharged, any person authorized by a warrant from the executive of this state may at all times take him in custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed

an escape.

SEC. 7. No warrant shall be issued in pursuance of the provisions of the first section of this chapter until the complainant shall have given recognizance with surety in such sum as the magistrate shall approve and direct, to pay all the costs that may accrue thereon, including the board of the person complained of, if committed to jail; nor shall any such warrant supersede any arrest, either on civil or criminal process theretofore made, nor shall any arrest, either on civil or criminal process theretofore made, supersede any arrest made on any such warrant, or on any warrant issued by the executive of this state in such cases.

SEC. 8. Sheriffs, deputy sheriffs, constables and other officers of the adjoining states, with their assistants, in the legal execution of any writ, warrant or other process issuing from and returnable to courts in their respective states, shall have full liberty, power and authority, to pass and repass, and also to convey such persons or things as they may legally have in their custody by virtue of any writ or warrant, in or by any of the roads or ways lying in or leading through any of the towns or lands of this state, in as full, free

and ample manner as the officers of justice of this state do use and exercise in the discharge of their duty and office.

SEC. 9. Any person who shall menace, threaten, obstruct, strike, insult or assault, or in any other manner abuse any such officer of the adjoining states, in such execution of his office, as he is passing through any of the lands or roads of this state, shall be subject to the same pains and penalties as persons would by law be subject to for menacing, threatening, obstructing, striking, insulting, assaulting or otherwise abusing similar officers of justice of this state, in the due execution of their office.

SECTION 1. Justices of the peace shall be coroners throughout the towns in which they dwell.

SEC. 2. It shall be the duty of a coroner, as soon as he shall be informed that the body of any person, supposed to have come to his death by violence or casualty, has been found within his town, or that any prisoner in the state prison or in any one of the state jails has deceased while so imprisoned, to issue his warrant to the sheriff or to either of his deputies, or to either of the town sergeants or constables within the county, requiring him to summon a jury of six good and lawful men of the same town, to inquire into the cause of the death of such person.

SEC. 3. Every officer failing to execute such warrant shall forfeit ten dollars; and every person summoned as a juror as aforesaid, who shall fail to appear, or to render to such coroner reasonable excuse therefor, shall forfeit five dollars; which forfeitures shall be sued for and recovered by the town treasurer, for the use of such town, in an action of debt.

SEC. 4. Whenever, from any cause, any of the jurors summoned shall not appear, or appearing shall be excused from serving on