CHAPTER 105. Cannot sell to minor. Penalty for violation. Acts repealed AN ACT prohibiting selling, giving, or furnishing tobacco in any of its forms to minors, and providing a penalty therefor. Be it enacted by the Legislature of the State of SECTION 1. That hereafter no person or persons in this state shall sell, give, or furnish any cigarette or cigarettes, or tobacco in any of its forms, to any minor under fifteen years of age. SEC. 2. That if any person or persons in this state shall violate the provisions of this act, he, she, or they shall, on conviction, forfeit and pay for each and every such offense the sum of twenty-five dollars. Sec. 3. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Approved, February 24th, A. D. 1885. CHAPTER 106. AN ACT to amend Section 461 of an act entitled "An act to Be it enacted by the Legislature of the State of SECTION 1. That section 461 of an act entitled an "act to establish a criminal code," passed March 4, 1873, be amended to read as follows: dafense. SEC. 461. Any person accused of crime amount- Witnesses for ing to felony, shall have compulsory process to enforce the attendance of witnesses in his behalf, and they shall be paid for their mileage and per diem the same fees as are now or may hereafter be allowed by law to witnesses for the state in the prosecution of such accused person, and in case such accused person is convicted and is unable to pay such mileage and per diem to his witnesses, they shall be paid out of the county treasury of the county wherein such crime was committed; and in case such accused person is acquitted upon his trial, the fees of his witnesses shall be likewise paid out of such county treasury; Provided, however, that in no case shall the fees of any such witnesses be so paid, unless before the trial of such accusation such accused person shall make and file his affidavit stating the names of his witnesses, and that he has made a statement to his counsel of the facts he expects to prove by such witnesses and has been advised by such counsel that their testimony is material on the trial of such accusation, and shall also file an affidavit of such council that he deems the testimony of such witnesses necessary and material on behalf of such accused person, whereupon the court or judge shall make an order directing that such witnesses, not exceeding fifteen in number, be paid out of the county treasury of the county in which such accusation shall be made. SEC. 2. Said section 461 of said act, as it now Act repealed. stands, is hereby repealed. Approved March 5th, A. D. 1885. Comp. Stat., 733. 396 GENERAL LAWS. CHAPTER 107. Rewards for arrests in case AN ACT to amend Section 543 of the Code of Criminal Produre. Be it enacted by the Legislature of the State of SECTION. 1. That section 543 of the code of criminal procedure be amended to read as follows: Sec. 543. Upon the receipt of the informaof homicide. tion as prescribed by the preceding section the governor of the state shall issue his proclamation offering such reward not exceeding two hundred dollars for each person murdered, as he shall deem proper, for the arrest of the person or persons committing said crime and the delivery of said person or persons to the sheriff or jailor of the county where said crime was committed. Upon the trial of any person for whom such reward has been offered, if the presiding judge shall under his hand and seal of the court certify to the governor that the person arrested and indicted committed the acts charged in the indictment, the person or persons making the arrest shall be entitled to the reward. Act repealed. Comp. Stat., 746. SEC. 2. That said section 543 as now existing be and the same is hereby repealed. Approved March 5, A. D. 1885. GENERAL LAWS. CHAPTER 108. 397 AN ACT to provide for prosecuting offenses on information Be it enacted by the Legislature of the State of on informa SECTION 1. That the several courts of this Prosecutions state shall possess and may exercise the same tion. power and jurisdiction to hear, try, and determine prosecutions upon information, for crimes, misdemeanors, and offenses, to issue writs and process, and do all other acts therein, as they possess and may exercise in cases of the like prosecutions upon indictments. filed during SEC. 2. All information shall be filed during Information term, in the court having jurisdiction of the term. offense specified therein, by the prosecuting attorney of the proper county as informant; he shall subscribe his name thereto, and indorse thereon the names of the witnesses known to him at the time of filing the same; and at such time before the trial of any case as the court may, by rule or otherwise, prescribe, he shall endorse thereon the names of such other witnesses as shall then be known to him. and procedure.. SEC. 3. All information shall be verified by verification the oath of the prosecuting attorney, complainant, or some other person, and the offenses charged therein shall be stated with the same fullness and precision in matters of substance, as is required in indictments in like cases. Dif Indictments same as information. Committed to answer infor mation. Prosecutor to give reasons ferent offenses and different degrees of the same offense may be joined in one information, in all cases where the same might, by different counts in one indictment; and in all cases a defendant or defendants shall have the same right, as to proceedings therein, as he or they would have if prosecuted for the same offense upon indictment. SEC. 4. That the provisions of chapters XL.› XLI., XLII., XLIII., XLIV., XLV., of the criminal code in relation to indictments, and all other provisions of law applying to prosecutions upon indictments to writs, and process therein, and the issuing and service thereof, to motions, pleadings, trials, and punishments, or the execution of any sentence and to all other proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent, as near as may be, apply to informations, and all prosecutions and proceedings therein. SEC. 5. Any person who may according to law, be committed to jail, or become recognized or held to bail with sureties for his appearance in court to answer to any indictment, may in like manner so be committed to jail or become recognized and held to bail for his appearance, to answer to any information or indictment, as the case may be. SEC. 6. It shall be the duty of the prosecufor not filing. ting attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided by law, |
