Chap. 311.—An ACT to revise, amend, and re-enact sections eight, nine, ten,
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, cighteen,
nineteen, twenty, twenty-one, and twenty-two of chapter sixteen ;
sections eight, nine, ten, and eleven of chapter forty-eight; chapter
ninety-six ; sections thirty-five and thirty-seven of chapter one hun-
dred and eighty ; chapters one hundred and eirhty-six, one hundred
and eighty-seven, one hundred and eighty-eight, one hundred and
eighty-nine, one hundred and ninety, one hundred and ninety-one,
one hundred and ninety-two, one hundred and ninety-three, one hun-
dred and ninety-four, one hundred and ninety-five, one hundred and
ninety-six, one hundred and ninety-seven, one hundred and ninety-
eight, one ‘hundred and ninety-nine, two hundred, two hundred and
one, two hundred and two, two hundred and three, two hundred and
four, two hundred and five, two hundred and six, two hundred and
seven, and two hundred and eight of the Code of eighteen hundred
and seventy-three, and acts amendatory thereof, and regulating cer-
tain fees in criminal cases,

Approved March 14, 1878,

Be it enacted by the general assembly, in manner follow-
ing, that is to say:

CRIMES AND PUNISHMENTS.

1. Of offences against the Sovereignty of the State.

2. Of Homicide, and other offences against the Person.

Of offences against Property.

Of Forgery.

Of offences against Public Justice.

Of offences avainst the Peace.

Of offences against Morality and Decency ; protection of

Public Meetings.

Of offences against Public Health.

9. Of offences against Public Policy.

10. General provisions concerning Crimes and Punishments.

11. For preventing the commission of Crimes.

12. Of Coroners’ Inquests.

13. Of Search Warrants.

14. Of Arrest, Commitment, and Bail.

15. Of Grand Juries.

16. Of Presentments, Indictments, and Informations, and
Process thereon.

17. Of Trial and its incidents.

18. Of Exceptions, Writs of Error, and Execution of Judg-
ment.

19. Of Taxation and allowance of Costs.

20. General provisions as to proceedings in Criminal Cases.

21. Of the organization, government, and discipline of the
Penitentiary.

22. Of crimes by Convicts.

23. Of proceedings in criminal cases against Convicts.

24. Of Fugitives from Justice from “Foreign Nations, and
other States.

25. OF the jurisdiction and fees of Justices of the Peace and
other officers.

26. To prevent Obstruction to Highways and Hindrances to
Travelers.

27. Of the Repeal of Acts inconsistent with this act.

CHAPTER
° CHAPTER I.
OF OFFENCES AGAINST THE SOVEREIGNTY OF THE 8TATE,
Treason defined; how proved and punished.

1. Treason shall consist only in levying war against the
state, or adhering to its enemies, giving them aid and com-
fort, or establishing. without authority of the legislature,
any government Within its limits separate from the existing
government, or holding or executing, in such usurped gov-
ernment, any office, or professing allegiance or fidelity to it,
or resisting the execution of the laws under color of its
authority; and such treason, if proved by the testimony of
two witnesses to the same overt act, or by confession in
court, shall be punished with death.

Of misprision of treason.

2. If any person knowing of such treason shall not, as
soon as may be, give information thereof to the governor, or
some conservator of the peace, he shall be punished by fine
not exceeding one thousand dollars, or by confinement in
the penitentiary not les3 than three nor more than five
years.

Attempting or instigating others to establish usurped government.

3. If any person attempt to establish any such usurped
government, and commit any overt act therefor, or by
writing or speaking, endeavor to iastigate others to estab-
lish such government, he shall be confined in jail not exceed-
ing twelve months, and fined not exceeding one thousand
dollars.

Advising or conspiring to rebel, &c.

4. If any person shall conspire with another to incite the
colored population of the state to make insurrection, by acts
of violence and war, against the white population, or to
incite the white population of the state to make insurrec-
tion, by acts of violence and war, against the colored popu-
lation, he shall, whether such insurrection be made or not,
be punished by confinement in the penitentiary for not less
than five nor more than ten years.
CHAPTER II.
OF HOMICIDE, AND OTHER OFFENCES AGAINST THE PERSON.
Definition and punishment of murder.

1. Murder by poison, lying in wait, imprisonment, starv-
ing, or any willful, deliberate, and premeditated killing, or in
the commission of, or attempt to commit arson, rape, rob-
bery or burglary, is murder of the first degree. All other
murder is murder of the second degree.

2. Murder of the first degree shal) be punished with death.

3. Murder of the second degree, by any person, shall be
punished by confinement in the penitentiary not less than
five nor more than eighteen years.

Punishment of manslaughter.

4. Voluntary manslaughter, by any person, shall be pun-
ished by confinement in the penitentiary not less than one
nor more than five years.

5. Involuntary manslaughter, by any person, shall be a
misdemeanor.

Lf death occur out of the state, how punished.

6. If a person be stricken or poisoned in, and die, by rea-
son thereof, out of this state, the offender shall be as guilty,
and be prosecuted and punished, as if the death had occurred
in the county or corporation in which the stroke or poison
Was given or administered.

Attempt to poison or produce abortion.

7. If any person administer, or attempt to admiuister,
any poison or destructive thing in food, drink, medicine, or
otherwise, or poison any spring, well, or reservoir of water,
with intent to kill or injure another person, he shall be con-
fined in the penitentiary not less than three nor more than
five years.

8. Any person who shall administer to, or cause to be taken
by a woman, any drug or other thing, or use any means with
intent to destroy her unborn child, or to produce abortion
or miscarriage, and shall thereby destroy such child or pro-
duce such abortion or miscarriage, shall be confined in the

enitentiary not less than three nor more than ten years.

O person, by reason of any act mentioned in the foregoing
part of this section, shall be punishable where such act is
done in good faith, with the intention of saving the life of
such woman or child. And any person who shall, by publi.
cation, lecture, advertisement, or by the sale or circulation
of any publication, or in apy other manner, encourage or
prompt the procuring of abortion or miscarriage, shall be
deemed guilty of a misdemeanor, and shall, upon conviction,
be fined not less than one hundred nor more than-five han-
dred dollars, and be confined in jail not less than one nor
more than twelve months for each offence.

Sale of potsons regulated.

very apothecary, drugyist, merchant, or any other per-
son who sells or delivers any arsenic, paris green, or other
arsenical compounds, Corrosive sublimate, tartar emetic, mor-
phine, strychnine, mux vomica, prussic acid, croton oil, or
tincture of cantharides, or other poisonous drugs, shall have
the word “poison” written or printed on the label thereof,
and shall note in a book, to be kept by such person for that
purpose, to whom such poison was sold or delivered, the
date of delivery, and the kind and amount of such poison so
delivered, and shall keep such book open for inspection.
Every apothecary, druggist, or other person who sells or
delivers any poison or poisonous substance, shall bave the
Knglish name of such poison or poisonous substance plainly
printed or written upon a label attached to the vial, box, or
parcel, containing the same. Any person violating the pro-
Visions of this section, shall, on conviction, be fined not less
than twenty, nor more than one hundred dollars: provided
that the provisions of this section shall not apply to the
prescriptions of regular practising physicians.

Shooting, stabbing, &e., with intent to kill, maon, &e.

10. If any person maliciously shoot, stab, cut, or wound
any person, or by any means cause him bodily injury, with
intent to main, disfigure, disable, or kitl, he shall, except
where it is otherwise provided, be punished by confinement
in the penitentiary not less than one nor more than ten
years. If such act be done unlawfully, but not maliciously,
with the intent aforesaid, the offender shall, at the discre-
tion of the jury, be confined in the penitentiary not less
than one nor more than five years, or be confined in jail not
exceeding twelve months, and fined not exceeding five hun-
dred dollars,

Shooting, &c., in committing or attempting a felony.

11. If any person, in the commission of, or attempt to
commit a felony, unlawfully shoot, stab, cut, or wound an-
other person, he shall, at the. discretion of the jury, be con:
fined in the penitentiary not less than .one nor more than
five years, or be confined in jail not exceeding one year, and
fined not exceeding five bundred dollars.
Shooting in a place of public resort.

12. If any person unlawfully shoot at another person ‘in
any street:in a town, orin any place of public resort, whether
in a town or elsewhere, he shall be confined in jail. not less
than-six months, nor more than one year, and be fined not
less than one hundred, nor exceeding one thousand dollars.

Robbery, extorting money, &c.

13. If any person commit, or attempt to commit robbery,
by partial strangulation or suffocation, or by striking or
beating, or by other violence to the person, or by the threat
or presenting of fire-arms, he shall be punished with death,
or, at the discretion of the jury, by confinement in the peni-
tentiary not less than eight, nor more than eighteen years.
If any person shall commit a robbery in any other mode, or
by any other means, he shall be confined in the penitentiary
not less than five, nor more than ten years.

14. If any person threaten injury to the character, person,
or property of another person, or to accuse him of any
offence, and thereby extort money or pecuniary benefit, he
shall be confined in the penitentiary not less than three, nor
more than five years, unless the money or pecuniary bencfit
be of less value than one hundred dollars, in which case he
shall be punished with Stripes.

15. If any person seize, tuke, or secrete a child from the
person having lawful charse of such child, with the intent
to extort money or pecuniary benefit, he shall be confined
in the penitentiary not less than three,.nor more than ten
years.

Seduction and abduction.

16. Any person who shall, under promise of marriage,
seduce and have illicit connection with any unmarricd female
of previous chaste character, or any married man who
shall seduce and have illicit connection with any unmarried
female of previous chaste character, shall be guilty of a
felony, and, upon conviction thereof, shall be punished by
confinement in the penitentiary not less than two, nor more
than ten years: provided that the subsequent marriage of
the parties may be pleaded in bar of a conviction.

ftape; carnal knowledge of female child.

17. If any person take away, or detain against her will.
any female, with intent to marry or defile her, or cause ber
to be married or defiled by another person, or ‘to take from
any person having lawful charge of her, a female under six-
teen years of age, for the purpose of concubinage or prosti-
tution, he shall be confined in the penitentiary not less than
three, nor more than ten years; and every person who sha'!!
assist or aid in such abduction for such purpose, shall be
guilty of a felony, and shall, upon conviction thereof, be
punished by confinement in the penitentiary not less than
two, nor more than five years: provided tbat no conviction
under this and the preceding section, shall be had on the
testimony of the female seduced or abducted, unsupported
by other evidence, nor unless the indictment shall be found
within two years after the commission of the offence: and
provided further, that the subsequent marriage of the parties
inay be pleaded in bar of a conviction.

18. If any person earnally know a female of the age
of twelve years or more, against her will, by foree, or car-
nally know a female child under that age, be shall be, at the
discretion of the jury, punished by death or confined in the
penitentiary not less than ten, nor more than twenty years.

Kidnapping.

19. If any person sell another as a slave, or kidnap a per-
son with intent to use or sell him as a slave, be shall be
confined in the penitentiary not less than three, nor more
than ten years.

Injuries by drivers, &c., of public conveyances.

20. If any driver, conductor, or céptain of any vehicle or
boat for public conveyance, shall, in the management of such
vehicle or boat, willfully or negligently inflict bodily injury
on any person, he shall be punished as for a misdemeanor.

Being engaged, by previous agreement in this state, in a fatal
duel out of the state; how and where prosecuted and pun-
ished.

21. If any person, resident in this state, by previous agree-
ment made within the same, fight a duel without the state,
and in so doing inflict a mortal wound, he shall be deemed
guilty of murder in this state.

22. If any person, resident in this state, by like agree-
ment, be the second of either party in such duel as is men-
tioned in the preceding section, and be present as such when
such mortal wound is inflicted, he shall be deemed an acces-
sory before the fact, tu the crime of murder in this state.

23. An offender under either of the two preceding sections
may be prosecuted in the county or corporation in which the
death occurs, if it occur within this state; and if not, in an
county or corporation in which such. offender may be found.

Being engaged in a duel, when death does not occur; or for
accepting or carrying a challenge, or advising a duel.

24. If any person fight a duel with any deadly weapon,
though no death ensue, or send or deliver to another a chal-
lenge, or message intended to be a challenge, oral or written,
to fight a duel, though no duel ensue, he shall be confined in
jail not more than one year, and be fined not exceeding one
thousand dollars. -

25. And if any person accept, or knowingly carry or de-
liver any such challenge or message, or advise, encourage, or
promote such duel, he shall be confined in jail not more than
six months and fined not exceeding five hundred dollars.

When party leaves the state to evade the law, and engages ina
duel. |

26. If any person, resident in this state, leave the same
for the purpose of eluding the provisions herein contained
respecting dueling, or challenges to fight, and without the
state engage in a duel (though no death ensue), or challenge
another, or send or deliver a message intended to be a chal-
lenge to fight such duel, or accept, or knowingly carry or
deliver any such challenge or message, or be present at the
fighting of such duel with deadly weapons, as an aid, second,
or surgeon, or advise, encourage, or promote such duel, he
shall be deemed as guilty, and subject to the like punishment
as if the offence had been committed in this state.

Plea of former conviction or acquittal.

27. Any person indicted in this state under the twenty-
first, twenty-second, twenty-third, or twenty-sixth sections
of this chapter, may plead his conviction or acquittal of the
same Offence in another state, in bar of such indictment.

t
For posting or upbraiding another for not being engaged in a
. duel.

28. If any person post another, or, in writing or in print,
use any reproachful or contemptuous language to or con-
cerning another, for not fighting a duel, or for not sending
or accepting a challenge, he shall be confined in jail not
more than six months, or fined not exceeding one hundred
dollars. |

Duty of a justice having cause to suspect a duel is about to be
Fought.

29. If any justice or judge have good cause to suspect
that any persons are about to be engaged in a duel, he may
issue his warrant to bring them before him, and if he think
proper to take from them a recognizance to keep the peace, he
shall insert therein a condition that they will not, during the
time for which they may be bound, be concerned in a duel,
directly or indirectly,
Punishment for prize-fighters, aiders and abettors.

30. Every person who, by previous engagement or arrange-

ment, meets another person and engages in a fight, coommeénly
known as a prize-fight, shall, at the discretion of the jary,
be punished by continement in the penitentiary not exceed-
ing five years, or by fine not exceeding one thousand dollars,
or both.
- 31. Whoever is present at such fight as an aid, second, or
surgeon, or advises, encourages, or promotes such fight, shall,
at the discretion of the jury, be punished by confinement in
the penitentiary not exceeding three years, or by fine not
exceeding five hundred dollars, or both.

Lighting of animals in Alexandria punished.

32. Any and all persons who may, within the limits of
Alexandria county, engage in the fighting of dogs, cocks, or
other animals, for prize or diversion, shall, on conviction
thereof, be adjudged guilty of a misdemeanor, and fined not
less than one hundred dollars, nor more than five hundred
dollars, for each and every offence; said fines to be paid to
the literary fund.

CHAPTER IIT.
OF OFFENCES AGAINST PROPERTY. :
Burning dwelling-house, jail, or prison.

1. If any person, in the night, maliciously burn the dwell-
ing-house of another, or any boat or vessel or river craft, in
which persons usually dwell or lodge, or any jail or prison,
or maliciously set fire to any thing, by the burning whereof
such dwelling-bouse, boat, vessel, or river craft, jail or prison,
shall be burnt in the night, he shall be punished with death;
but if the jury find that at the time of committing the
offence there was no person in the dwelling-house, boat,
vessel, or river craft, jail or prison, the offender shall be con-
fined in the penitentiary not less than five, nor more than
ten years. And any such burning in the day time shall be
punished by confinement in the penitentiary not less than
three, nor more than ten years.

What not deemed a dwelling-house.

2, No out-house, not adjoining a dwelling-house, nor under
the same roof, (although within the curtilage thereof,) shall
be deemed parcel of such dwelling-house, within the mean-
ing of this chapter, unless some person usually lodge therein
at night. —
Burning of certain other houses, or piles of wood, or stacks of
wheat, &c.

. 38. If any person maliciously burn any meeting-house,

court-house, town-house, college, academy, school-house, or
ather building erected for public use (except a jail or prison),
or any banking-house, warehouse, storehouse, manufactory,
or mill of another person, not usually occupied by persons
lodging therein at night, or if he maliciously set fire to any
thing, by the burning whereof any building mentioned in
this section shall be burnt, he shall be confined in the peni-
tentiary, when such building, with the property therein, is
of the value of one thousand dollars, not less than three nor
more than ten years; and when it is of less value, not less
than three nor more than five years.

4, If any person maliciously burn any pile or parcel of
wood, boards, or other lumber, or any barn, stable, corn-
house, tobacco-house, stack of wheat, or other grain, or. of
fodder, straw, or hay, or any other personal property, he
shall, if the thing burnt, with the property therein, be of the
value of one hundred dollars, be confined in the penitentiary
not less than three nor more than ten years; and if it be of
less value, he shall be so confined not less than two nor more
than five years. , :

Burning any house not previously mentioned.

5. If a person maliciously burn any building, the burning
whereof is not punishable under any other section of this
chapter, he shall, if the building, with property therein, be
of the value of one hundred dollars or more, be confined in
the penitentiary not less than three nor more than ten
years; and if it be of less value, be so confined not less than
two nor more than five years; or, in the discretion of the
jury, shall be punished with stripes, and be fined not exceed-
ing five hundred dollars. -

Burning a bridge, dam, &c., or a vessel.

6. If a person maliciously burn any bridge, lock, dam, or
any ship, boat, vessel, or river craft, of the value of one hun-
dred dollars or more, he shall be confined in the penitentiary
not less than three nor more than ten years; and if the value
be less than one hundred dollars, he shall be punished with
stripes, and fined not exceeding two hundred dollars.

Setting fire to fences, d&c., capable of spreading fire.

7. If any person unlawfully and maliciously set fire to any
woods, fence, grass, straw, or other thing capable of spread-
ing fire on lands, he shall be fined not exceeding one hundred
‘dollars, and shall be punished with stripes.
8. If any person carelessly, negligently, or intentionally
set any woods or marshes on fire, or set fire to any stubble,
brush, straw, or inflammable substance, capable of spreading
fire on lands, whereby damage is done to the property of
another, he shall, besides being liable in damages to the
party so injured, bo deemed guilty of a misdemeanor, and
be fined not less than ten nor more than one hundred dol-
lars.

Willfully burning property with intent to injure an insurer.

9. If a person willfully burn any building, or any goods or
chattels, which shall be at the time insured against loss or
damage by fire, with intent to injure the insurer, whether
such person be the owner of the property or not, he shall
be confined in the penitentiary not less than two nor more
than ten years. |

Of burglary; entering dwelling-house in night time, with intent
to commit robbery, deemed burglary.

10. Any person who shall be guilty of burglary, shall be
punished with death, or, in the discretion of the jury, by
confinement in the penitentiary for = period not less than
five nor more than eighteen years. If a person break ard
enter the dwelling-house of another in the night time, with
intent to commit larceny, he shall be deemed guilty of bur-
glary, though the thing stolen, or intended to be stolen, be
of less value than twenty dollars. If any person have in
his possession any tools, implements, or other outfit known
as burglars’ tools, implements, or outfit, with intent to com-
mit burglary, robbery, or larceny, he shall be deemed guilty
of a felony, and on conviction thereof, shall be punished by
confinement in the penitentiary not less than five nor more
than ten years. The possession of such burglarious tools,
implements, or outfit, shall be prima facie evidence of an
intent to commit burglary, robbery, or larceny.

Entering office, shop, storehouse, ship, or other property, for pur-
pose of committing murder, rape, or robbery; how punished.

11. If a person shall, in the night, enter without breaking,
or shall, in the day time, break and enter a dwelling-house,
or an out-house adjoining thereto and occupied therewith, or
shall, in the night time, enter without breaking, or break
and enter, either in the day time or night time, any office,
shop, storehouse, warehouse, banking-house, or other house,
or any ship or vessel, or river craft, within the jurisdiction
of any county, with intent to commit murder, rape, or rob-
bery, he shall be confined in the penitentiary not less than
three nor more than ten years.
As to same act, done with intent to commit larceny or any felony.

12. If a person do any of the acts mentioned in the pre-
ceding section, with intent to commit larceny, or any felony
other than murder, rape, or robbery, he sball be confined in
the penitentiary not less than two nor more than ten years,
or, at the discretion of the jury, may be punished with
stripes. .

Grand and petit larceny; how punished; larceny of a horse,
mule, or ass.

13. If any person steal from the person of another, money
or other things, of the value of five dollars or more, he shall
guilty of grand larceny, and be confined in the penitentiar
for a period not less than five nor more than ten years. If
any person commit simple larceny, not from the person of
another, of goods and chattels, he shall, if they are of the
value of fifty dollars or more, be deemed guilty of grand
larceny, and be confined in the penitentiary not less than
three nor more than ten years; and if they be of less value
than five dollars in the first case, or fifty dollars in the last,
he shall be deemed guilty of petit larceny, and shall be pun-
ished with stripes. But any person who shall be guilty of
the larceny of a horse, mule, or ass, shall be punished by
confinement in the penitentiary for a period of not less than
three nor more than eighteen years. |

Larceny of bank notes, books, papers, &c.; how value ascertained.

14. If any person steal any bank note, check, or other
writing or paper of value, whether the same represents
money, and passes as currency, or otherwise, or any book of
accounts, for or concerning money or goods due or to be
delivered, he shall be deemed guilty of larceny thereof, and
receive the same punishment, according to the value of the
thing stolen, prescribed for the punishment of the larceny
of goods and chattels. The provisions of this section shall
be construed to embrace all bank notes, and papers of value
representing money and passing as currency, whether the
same be the issue of this state or of any other state, or of
the United States, or of any corporation, and shall include
all other papers of value, of whatever description.

15. In the prosecution under the preceding section, the
money due on or secured by the writing, paper, or book,
and remaining unsatisfied, or which in any event might be
collected thereon, or the value of the property or mone
affected thereby, shall be deemed to be the value of the arti-
cle stolen.
Larceny may be of things ficed to the freehold.

16. Things which savor of the realitv, and are at the time
they are taken, part of the frechold, whether they be of the
substance or produce thereof, or affixed thereto, shall be
deemed goods and chattels, of which larceny may be com-
mitted, although there be no interval between the severing
and taking away.

Taking or secreting a child,

17. If any person, other than the father or motber of a
child, illegally scize, take, or secrete a child from the person
having lawful charge of such child, he shall be confined in
tho penitentiary not less than two nor more than five years,
or, at the discretion of the jury, in the common jail not
exceeding one year, and be fined not exceeding one thou-
sand dollars.

Receiving stolen goods decmed larceny; when and how prosecuted.

18. If any person buy or receive from another person, or
aid in concealing any stolen goods or other thing, knowing
the same to have been’ stolen, he shall be deemed guilty of
larceny thereof, and may be proceeded against, although the
principal offender be not convicted.

Embezzlement, fraudulent conversions of money, fraudulent fail-
ure to pay over money, &c., deemed larceny.

19. If any person shall, wrongfully and fraudulently, use,
dispose of, conceal, or embezzle any money, bill, note, check,
order, draft, bond, receipt, bill of lading, or any other pro-
perty which he shall bave received for another, or for his
employer, principal, or bailor, or by virtue of his office, trust,
or employment, or which shall have been entrusted or deliv-
ered to him by another, or by any court, corporation, or
company, he shall be deemed guilty of larceny thereof.

20. If any person store or ship goods, wares, merchandise,

rain, flour, or other produce or commodity, in his own name,
being in the possession thereof for or on account of another,
and sell, negotiate, pledge, or hypothecate the same, or any
part thereof, or tbe receipt or bill of lading received there-
for, and fraudulently fail to account for or pay over to his
principal, or the owner of the property, the amount so
received on such sale, negotiation, pledge, or hypothecation,
he shall be deemed guilty of larceny thereof.

21. If any person shall obtain from another an advance of
money, merchandise, or other thing, upon a promise, in
writing, that he will send or deliver to such other person,
his crop, or other property, and shall, fraudulently, fail or
refuse to perform such promise, he shall be deemed guilty of
the larceny of such money, merchandise, or other thing.

22. Any person prosecuted under the three preceding sec-
tions shall be allowed to testify in his own behalf.

Fraudulent entries in accounts by officers and clerks.

23. If any officer or clerk of any bank or joint stock com-
pany, make, alter, or omit to make any entry in any account:
kept in such bank, or by such company, with intent, in so
doing, to conceal the true state of such account, or to de-
fraud the said bank or company, or to enable or assist any
person to obtain money to which he was not entitled, such
officer or clerk shall be confined in the penitentiary not less
than two nor more than ten years.

Destroying or concealing a will.

24. If a person fraudulently destroy or conceal any will or
codicil, with intent to prevent the probate thereof, he shall
be confined in the penitentiary not less than two nor more
than five years. :

Obtaining money, &c., by false pretences.

25. If a person obtain, by any false pretence or token, from
any person, with intent to defraud, money or other property
which may be the subject of larceny, he shall be deemed
guilty of the larceny thereof; or if he obtain, by any false
pretence or token, with such intent, the signature of any
person to a writing, the false making whereof would be for-
gery, he shall be confined in the penitentiary not less than
two nor more than five years; or, at the discretion of the
jury, be punished with stripes, and be fined not exceeding
five hundred dollars.

Willfully destroying a vessel.

26. If a person willfully cast away, or otherwise destroy a
ship or vessel within any county, with intent to injure or
defraud any owner thereof, or of any property on board the
same, or any insurer of the ship, vessel, or property, or any
part thereof, he shall be confined in the penitentiary not less
than three nor more than ten years.

Poisoning horses, &c.

27. If a person maliciously administer poison to, or expose
it with intent that it should be taken by any horse, cattle,
or other beast of any person, or if he poison his own horse,
cattle, or other beast for the purpose of defrauding any
insurer thereof, he shall be confined in the penitentiary not
less than two nor more than ten years; or, at the discretion
of the jury, may be punished with stripes.

Injuring canal, railroad, é&c.

28. If a person maliciously obstruct, remove, or injure any
part of a canal or railroad, or any bridge or fixture thereof,
or obstruct any machinery, work, or engine thereof, whereby
the life of any traveler on such canal or road is put in peril,
he shall be confined in the penitentiary not less than five nor
‘more than eighteen years; and in the event of the death of
any traveler or other person, resulting from such malicious
obstructing, removing, or injuring, the person so offending
Shall be deemed guilty of murder in the first degree.

Unlawfully, without felony, tujuring any property, or removing
monument or corner trees, &c.

29. If a person, unlawfully, but not feloniously, take and
carry away, or destroy, deface, or injure any property, real
or personal, not his own, or break down, destroy, deface
injure, or remove any monument erected for the purpose o
designating the boundaries of any town, tract or lot of land,
or any tree marked for that purpose, he shall be deemed
guilty of a misdemeanor, and fined not less than five dollars
nor more than five hundred dollars. |

Offences against public buildings, grounds, and other property ;
injury to trees and shrubbery. an

30. Every person who shall willfully and maliciously break
any window or door of the capitol, or in. any court-house,
house of public worship, college, school-house, town-hall, or
other public building; or who sball willfully and maliciously
injure or deface the capitol, or any statuary in the capitol or
on the capitol square, or in any otber public buildings, or on
any public grounds, or any court-house, house of public wor-
ship, or town-hall, or other building; or shall willfully and
maliciously destroy or carry away furniture belonging to or
in either of the said buildings, shall be guilty of a misde-
meanor, and shall be punished by a fine not exceeding three
hundred dollars; or by imprisonment in jail not exceeding
sixty days; or by such fine and imprisonment both. a

81. Every person who shall cut down, pull up, girdle, or
otherwise injure or destroy any tree growing in the grounds
of the capitol, or in the grounds of any public square or
grounds, without the consent of the governor, or of the
county or corporation court in which said grounds or square
is situated ; or shall willfully and maliciously injure the fences
or herbage of the capitol grounds, or of any such square or
grounds, shall be guilty of a misdemeanor, and shall be pun-
ished by a fine not exceeding the sum of three hundred
dollars.
CHAPTER IV.
OF FORGERY.
Forging records, &c.; how punished.

1. If a person forge a public record, or certificate, return
or attestation, of a clerk of a court, public register, notary
public, judge, justice, or any public officer, in relation to any
matter wherein such certificate, return or attestation may
be received as legal proof, or utter, or attempt to employ as
true, such forged record, certificate, return or attestation,
knowing the same to be forged, he shall be confined in the
penitentiary not less than two nor more than ten years.

Forging, or keeping an instrument for forging a seal; how
punished.

2. If a person forge, or keep or conceal any instrument
for the purpose of forging the seal of a court, or of any
public office, or body politic or corporate in this state, he
shall be confined in the penitentiary not less than two nor
more than ten years.

Forgery of coin and bank notes; how punished.

3. If a person forge any coin current by law or usage in
this state, or any note or bill of a banking company, or
fraudulently make any base coin, or a note or bill purporting
to be the note or bill of a banking company, when such
company does not exist; or utter, or attempt to employ as |
true, or sell, exchange or deliver, or offer to sell, exchange |
or deliver, or receive on sale, exchanye or delivery, with
intent to utter or employ, or to have the same uttered or
employed as true, any such false, forged or base coin, note
or bill, knowing it to be so, he shall be confined in the peni-
tentiary not less than two nor more than ten years.

Making or having in possession anything designed for forging
any writing; how punished.

4. If a person engrave, stamp or cast, or otherwise make
or mend, any plate, block, press, or other thing, adapted and
designed for the forging and false making any writing or
other thing, the forging or false making whereof is punish-
able by this chapter; or if such person have in possession
any such plate, block, press, or other thing, with intent to
use, or Cause or permit it to be used, in forging or false-
making any such writing or other thing, he shall be confined
in the penitentiary not less than two nor more than ten
y cars.
Forging any writing not before specified; how punished.

5. If a person forge any writing, other than such as is
mentioned in the first and third sections of this chapter, to
the prejudice of another’s right, or utter, or attempt to
employ as true, such forged writing, knowing it to be
forged, he shall be confined in the penitentiary not less than
two nor more than ten years.

Having in possession, knowingly, forged coin or bank notes, or
selling, exchanging, or delivering them, to enable another to
utter or employ them as true; how punished.

6. If a person have in his possession forged bank notes, or
pieces of forged or base coin, such as are mentioned in the
third section of this chapter, knowing the same to be forged
or base, with the intent to utter or employ the same as true,
or to sell, exchange, or deliver them, so as to enable any
other person to utter or employ them as true, he shall, if
the number of such notes or picces of coin in his possession
at the same time, be ten or more, be confined in the peniten-
tiary not less than one nor more than five years; and if the
number be less than ten, be punished as for a misdemeanor.

CHAPTER V.
OF OFFENCES AGAINST PUBLIC JUSTICE.
Of perjury; punishment for committing or procuring it.

1. If a person, to whom an oath is lawfully administered
on any occasion, shall, on such occasion, willfully swear falsely
touching any material matter or thing, or if a person falsely
makes oath that any other person is twenty-one years of
age, in order to obtain a marriage license for such other per-
son, he shall be guilty of perjury.

2. A person who commits or procures another person to
commit perjury, shall, if the perjury be on a trial for felony,
be confined in the penitentiary not less than two nor more
than ten years; and if it be on any other occasion, be con-
fined in jail one year, and be fined not exceeding one thou-
sand dollars. .

3. He shall, moreover, on conviction thereof, be adjudged
forever incapable of holding any post mentioned in the first
section of chapter eleven, Code of eighteen hundred and
seventy-three, or of serving as a juror, or giving evidence as
& witness. .
Bribes to officers for vote, opinion, &c.; acceptance of bribes by
officers; how punished.

4, Any person who shall corruptly give, offer, or promise
to any executive, Icgislative, or judicial officer, after his
election or appointment, and either before or after be shall
have been qualified, or shall have taken his seat, any gift or
gratuity, with intent to influence his act, vote, opinion, deci-
sion, or Judgment on any matter, question, cause, or pro-
ceeding, which is or may be then pending, or may by law
come or be brought before him in his official capacity, shall
be confined in jail one year, and be fined not exceeding one
thousand dollars.

5. Any executive, legislative, or judicial officer who shall,
corruptly, accept any gift or gratuity, or any promise to
make a gift, or do any act beneficial to such officer, under an
agreement, or with an understanding that his vote, opinion,
or judgment shall be given in any particular manner upon a
particular side of any question, cause, or proceeding, which
is or may be by law, brought before him in his official
capacity, or that in such capacity he shall make any par-
ticular nomination or appointment, shall be confined in jail
one year, and fincd not exceeding one thousand dollars; and
shall, moreover, forfeit his office, and be forever incapable of
holding any post mentioned in the first section of chapter
eleven, Code of eighteen hundred and seventy-three.

Lobbying with the general assembly ; penalty for paying er re-
ceiving money or other thing to secure or defeat measures; em-
ploying paid agents therefor.

6. Any person who shall pay or receive money or other
compensation, directly or indirectly, for the purpose of
securing the passage or defeat of any measure by the general
assembly of this state, shall be guilty of a misdemeanor, and
if convicted thereof, shall be punished by confinement in jai!
not exceeding twelve months, and by fine not exceeding five
thousand dollars.

7. Any person who shall employ paid agents for the pur-
pose of giving information of any action which may be
taken by the general assembly, in order that said informa-
tion may be used for the purpose of securing the passage or
defeat of any measure by the general assembly, shall be
guilty of a misdemeanor, and if convicted thereof, shall be
punished by confinement in jail not exceeding twelve months,
and by fine not exceeding five thousand dollars.

8. This act shall not apply to any person who may be
invited by or have the permission of any regular or special
committee of the general assembly to appear before it, either
for or against any measure.
Bribes to officers, to prevent service of process or influence thetr
opinion or decision.

9. If any officer, authorized to serve legal process, receive
any money or other thing of value, for omitting or delaying
to perform any duty pertaining to his office, he shall be con-
fined in jai! not more than six months, and be fined not
exceeding one hundred dollars.

. 10. Any person who gives, or offers, or promises to give,
any money or other thing of value, to a commissioner
appointed by a court, auditor, arbitrator, umpire, or juror,
(although not impanelled), with intent to bias his opinion or
influence his decision in relation to any matter in which he
is acting or is to act; and any such commissioner, auditor,
arbitrator, umpire, or juror, who corruptly takes or receives
such money or other thing, shall be confined in jail six
months, and fined not exceeding five hundred dollars.

Any person aiding escape of a prisoner.

11. Where a person is lawfully detained as a prisoner in
any jail, prison, or custody, if any person sball convey any
thing into the jail or prison, with intent to facilitate the
prisoner’s escape therefrom, or shall in any way aid such

risoner to escape, or in the attempt:‘to escape from such
jail, prison,, or custody, or shall forcibly rescue, or attempt
to rescue him therefrom, such person, if the rescue or escape
be effected, shall, if the prisoner was detained. on conviction
or charge of felony, be confined in the penitentiary not less
than one nor more than five years; and if the same be not
effected, or if the prisoner was not detained on such convic-
tion or charge, be confined in jail six months, and fined not
exceeding five hundred dollars.

Officer permitting escape of prisoner, convicted or not; prisoner
escaping from jail, if convicted, or if not.

12. If a jailor or other officer voluntarily suffer a pri oner,
convicted of, or charged with felony, to escape from his
custody, he shall be confined in the penitentiary not less than
two nor more than ten years.
13. If a jailor or other officer negligently suffer a person
convicted of, or charged with felony, or voluntarily or negli-
gently suffer a person convicted of, or charged with an
offence not a felony, to escape from his custody, or willfully
refuse to receive into his custody any person lawfully com-
mitted thereto, he shall be confined in jail not more than six
months, or be fined not less than fifty nor more than five
hundred dollars.
14. A person confined in jail on conviction of a criminal
' offence, who escapes thence by force or violence, shall be con-
fined- in the penitentiary one year, if previously sentenced to
confinement therein, or be confined in jail six months, if pre-
viovely sentenced to confinement in jail; the term of con-
finement under this section to commence from the expira-
tion of the former sentence.

15. If a person, lawfully imprisoned in jail and not sen-
tenced on conviction of a crimine] offence, escape from jail
by force or violence, he shall be confined in jail not exceed-
ing one year.

16. If any person, lawfully imprisoned in jail, shall escape,
or attempt to escape therefrom by setting fire thereto, he
shall be confined in the penitentiary not less than three nor
more than ten years.

Officers and others refusing to execute or aid in executing process.

17. If any officer willfully and corruptly refuse to execute
any lawful process, requiring him to apprehend or confine a
person convicted of, or charged with an offence, or shall,
willfully and corruptly, omit or delay to execute such process,
whereby such person shall escape and go at large, such
officer shall be confined in jail not more than six months,
and be fined not exceeding five hundred dollars.

18. If a person shall, on being required by any sheriff or
other officer, refuse or negloct to assist him in the execution
of his office in a criminal case, or in the preservation of the
peace, or the apprehending or securing of any person for a

reach of the peace, or in any case of escape or rescue, he
shall be confined in jail not more than six months, and be
fined not exceeding one hundred dollars.

Persons failing to obey order of justice, or other conservator, to
prevent breach of the peace.

19. If a person, being required by a justice or other con-
servator of the peace, on view of a breach of the peace or
other offence, to bring before him the offender, shall refuse
or neglect to obey the justice or other conservator of the
peace, he shall be punished as is provided in the preceding
section, for refusing to assist a sheriff; and if the justice or
other conservator of the peace declared himself to be such,
or if he be known to the offender, ignorance of his office
shall not be pleaded as an excuse.

Concealing or compounding offences.

20. If a person, knowing of the commission of an offence,
take any money or reward, or an engagement therefor, upon
an agreement or understanding, expressed or implied, to
compound or conceal such offence, or not to prosecute there-
for, or not to give evidence thereof, he shall, if such offence
be felony, be confined in jail not more than one year, and
fined not exceeding five hundred dollars; and if such offence
be not a felony, unless it be punishable merely by a forfeiture
to him, he shall be confined in jail not more than six months,
and fined not excecding one hundred dollars.

Extortion, or fraudulently issuing fee bills for more than ts
allowed by law.

21. If any officer, for performing an official duty for which
a fee or compensation is allowed or provided by law, know-
ingly demand and receive a greater fee or compensation than
is so allowed or provided, be shall be fined not exceeding
fifty dollars.

22. It any person, authorized by Jaw to charge fees for
services performed by him, and issue bills therefor, fraudu-
lently issue a fee bill for a service not performed by him, or
for more than he is entitled to, he shall be fined not exceed-
ing five hundred dollars.

Oticer making false entry, or destroying, &c., records of his office.

23. If a clerk of a court, or other public officer, fraudu-
lently make a false entry, or erase, alter, secrete, or destroy
any record in his keeping and belonging to his office, he shall
be confined in jail not more than one year, and fined not
exceeding one thousand dollars.

Persons convicted under two previous sections, disable to hold

office.

24. Every person convicted under either of the two pre-
ceding sections, shall, moreover forfeit his office, and be for-
ever incapable of holding any post mentioned in the first
section of chapter cleven, Code eighteen hundred and sev-
enty-three.

Stealing or destroying public records.

25. If a person steal, or fraudulently secrete or destroy, a
public record or part thereof, he shall, if the offence be not
embraced by the twenty-third section, be confined in jail
not more than one year, and fined not exceeding one thou-
sand dollars.

Summoning or procuring juror to act partially; contempts of courts.

26. A sheriff or otber officer who corruptly, or through
favor or ill-will, shall summon a juror, with intent that such
juror shall find a verdict for or against either party, shall be
fined not exceeding five hundred dollars, and forfeit his
office, and be torever incapable of holding any post men-
tioned in the first section of chapter eleven, Code of eighteen
hundred and seventy-three.
27. If any person shall procure, or attempt to procure, a
juror to be summoned, with intent that such juror shall find
a verdict-for or against either party, he shall be fined not
exceeding five hundred dollars.

28. The courts and the judges and justices may issue
attachments for contempt, and punish them summarily, only
in the cases following:

First. Misbehavior in the presence of the court, or so near
thereto as to obstruct or interrupt the administration of
justice. :

Secondly. Violence or threats of violence to a judge, jus-
tice, or officer of the court, or to a juror, witness, or party
going to, attending, or returning from the court, for or in
respect of any act or proceeding had or to be had in such
court.

Thirdly. Misbehavior of an officer of the court in his
official character.

Fourthly. Disobedience or resistance of an officer of the
court, juror, witness, or other person, to any lawful process,
judgment, decree, or order of the said court.

Limitation of such power, without a jury, and without a rule
when party not present.

29. No court shall, without a jury, for any such contempt
as is mentioned in the first class embraced in the preceding
section, impose a fine exceeding fifty dollars, or imprison
more than ten days; but io any such case the court may
impanel a jury (without an indictment, information, or any
formal pleading,) to ascertain the fine or imprisonment pro-
per to be inflicted, and may give judgment according to the
verdict.

30. No court shall impose a fine for a contempt, unless the
defendant be present in court, or shall have been served with
a rule of the court, to show cause on some certain day, and
shall have failed to appear and show cause.

Obstructing justice by threats or force.

31. If any person, by threats or force, attempt to intimi-
date or impede a judge, justice, juror, witness, or un officer
of a court, or any sergeant, constable, or other peace officer,
or any revenue officer, in the discharge of his duty, or to
obstruct or impede the administration of justice in any
court, he shall be prosecuted as for a misdemeanor, and pun-
ished by fine and imprisonment, or either, at the discretion
of a jury.
CHAPTER VI.
OF OFFENCES AGAINST THE PEACE.
Riot, rout, and unlawful assembly suppressed.

1. All judges and justices may suppress riots, routs, and
unlawful assemblies within their jurisdiction. And it shall
be the duty of each of them to go among, or as near as may
be with safety, to persons riotously, tumultuously, or unlaw-
fully assembled, and in the name of the law command them
to disperse; and if they shall not thereupon immediately
and peaceably disperse, such judge or justice giving the
command, and any other present, shall command the assist-
ance of all persons present, and of the sheriff or sergeant of
the county or corporation, with his posse, if need be, in
arresting and securing those so assembled. If any person
present, on being required to give his assistance, or depart,
fail to obey, he shall be deemed a rioter.

Persons arrested therefor, committed or bailed.

2. If a person be arrested for a riot, rout, or unlawfal
assembly, the judge or justice ordering the arrest, or any
other justice, shall commit him to jail, unless he shall enter
into recognizance, with sufficient security, to appear before
the court having jurisdiction of the offence, at its then next
term, to answer therefor, and in the mean time to be of good
behavior and keep the peace.

Penalty on justice failing in duty; on a person disobeying his
order to disperse.

3. If any judge or justice have notice of a riotous, tumult-
uous, or unlawful assembly, in the county or corporation in
which he resides, and fail to proceed immediately to the
place of such assembly, or as near as be may safely, or fail
to exercise his authority for suppressing it and arresting
the offenders, he shall be fined not exceeding one hundre
dollars. |

4. If any person, engaged in such assembly, being com-
manded as aforesaid to disperse, fail to do so without delay,
any such judge or justice may require the aid of a sufficient
number of persons, in arms or otherwise, and proceed, in
such manner as he may deem expedient, to disperse and
suppress such assembly, and arrest und secure those engaged
in it.
Justices, and persons acting under their orders, guiltless, if a
person be killed, &c.; if either of them killed, all engaged in
the assembly guilty. | _

5. If, by any means taken under authority of this chapter
to disperse any such assembly, or arrest and secure those
engaged in it, any person present, as spectator or otherwise,
be killed or wounded, any judge or justice exercising such
authority, and every on® acting under his order, shall be
held guiltless; and if the judge or justice, or any person
acting under the order of either of them, be killed or
wounded in taking such means, or by the rioters, all persons
engaged in such assembly shall be deemed guilty of such
killing or wounding.

Punishment of rioter, when dwelling-house injured, and when not.

6. If any rioter pull down or destroy, in whole or in part,
any dwelling-house, or assist therein, he sball be confined in
the penitentiary not less thar two nor more than fivo years;
and though no such house be so injured, every rioter, and
every person unlawfully or tumultuously assembled, shall be
confined in jail not more than one year, and fined not ex-
ceéding one hundred dollars. ,

Carrying concealed weapons.

7. If a person habitually carry about his person, hid from
common observation, any pistol, dirk, bowie-knife, or any
weapon of the like kind, he shall be fined not more than:
fifty dollars.

CHAPTER VIL.

OF OFFENCES AGAINST MORALITY AND DECENCY——PROTEKOCTION:
) OF RELIGIOUS MEETINGS.

Persons marrying when former husband or wife is living; proviso.

1. Any person who, being married, shall, during the life of
the former husband or wife, marry another person in this
state, or, if the marriage with such other person take place
out of the state, shall thereafter cohabit with such other
person in this state, shall be confined in the penitentiary not
less than three, nor more than eight years.

2. The preceding section shall not extend to a person
whose former husband or wife shall have been continually
absent from such person for seven years next before mar-
riage of such person to another, and shall not have been
known by such person to be living within that time; nor to
a person who shall, at the time of the subsequent marriage,
have been divorced from the bond of the former marriage,
or whose former marriage shall at that time have been
declared void by the sentence of a court of competent juris-
diction.

Marriage within prohibited degrees punished.

3. If any person marry in violation of the ninth or tenth
section of chapter one hundred and four of the Code of
eighteen hundred and seventy-three, he shall be confined in
jail not more than six months, or fined not exceeding five
hundred dollars, at the discretion of the jury. And if any
person, resident in this state, and within the degrees of
relationship mentioned in those sections, or any white person
and negro, shall go out of this state for ‘the purpose of being
married, and with the intention of returning, and be mar-
ried out of it, and afterwards return to and reside in it,
cohabiting as man and wife, they shall be as guilty, and be
punished as if the marriage ‘had been in thia state. The fact
of their cohabitation bere as man and wife shall be evidence
of their marriage.

Issuing license or celebrating marriage contrary to law.

4. If any clerk of a court knowingly issue a marriage
license contrary to law, he shall be confined in jail not more
than one year, and fined not exceeding five hundred dollars.

5. If any person knowingly perform the ceremony of mar-
riage without lawful license, or affiliate in celebrating the
rites of marriage without being authorized by law to do so,
he shall be confined in jail not more than one year, and fined
rot exceeding five hundred dollars.

Adultery and lewdness.

6. If a person commit adultery or fornication, he shall be
fined not less than twenty dollars.

7. If any persons, not married to each other, lewdly and
lasciviously associate and cohabit together, or, whether mar-
ried or not, be guilty of open and gross lewdness and lascivi-
ousness, they shall be fined not less than fifty nor more than
five hundred dollars; and upon a repetition of the offence,
and conviction thereof, they shall also be imprisoned in tho
county or corporation jail, at the discretion of the court or
justice, for not less than six nor more than twelve months.

White person marryiny a negro, or celebrating such marriage.

8. Any white person who shall intermarry with a negro,
or any negro who shall intermarry with a white person,
shall be confined in the penitentiary not less than two nor
more than five years.
9. Any person who shall perform the ceremony of mar-
riage between a white person and a negro, shall forfeit two
hundred dollars, of which the informer shall have one-half.

Keeping house of ill-fame; obscene books, prints, &c.

10. If a person keep a house of ill-fame, resorted to for
the purpose of prostitution or lewdness, he shall be confined
in jail not more than one year, and fined not exceeding two
hundred dollars; and in a prosecution for this offence, the
general character of such house may be proved.

11. If a person import, print, publish, sell or distribute,
any book or other thing containing obscene language, or
any print, picture, figure or description, manifestly tending
to corrupt the morals of youth; or introduce into any family
or place of education, or buy, or have in his possession any
such thing for the purpose of sale, exhibition or circulation,
or with intent to introduce it into any family or place of
education, he shall be confined in jail not more than one
year, and fined not exceeding two hundred dollars.

Crime against nature.

12. If any person shall commit the crime of buggery,
either with mankind or with any brute animal, he shall be
confined in the penitentiary not less than two nor more than
five years.

Violation of sepulture,; injuries to burial-grounds.

13. If a person, unlawfully, disinter or displace a dead
human body, or any part of a dead human body, which shall
have been deposited in any vault or other burial place, he
shall be confined in jail not more than one year, and fined
not exceeding five hundred dollars.

14. Every person who shall willfully and maliciously de-
stroy, mutilate, deface, injure, or remove any tomb, mon1-
ment, grave-stone, or other structure placed within any
cemetery, grave-yard, or place of burial, or within any lot
belonging to any memorial or monumental assoqation, or
any fences, railing, or other works for the protection or orna-
ment of any tomb, monument, grave-rtone, or other structure
aforesaid; or of any cemetery lot within any cemetery; or
shall willfully or maliciously destroy, remove, cut, break, or
injure any tree, shrub, or plant within any cemetery or lot
of any memorial or monumental association; or who shall
willfully or maliciously destroy, mutilate, injure, or remove
and carry away any flowers, wreaths, vases, or other orna-
ments placed upon or around any grave, tomb, monument,
or lot in any cemetery, grave-yard, or other place of burial;
or who shall willfully obstruct proper ingress and egress to
and from any cemetery or lot belonging to any memorial
association, shall be guilty of a misdemeanor, and be pun-
ished by a fine not exceeding one | undred dollars, or by
imprisonment in jail not exceeding six months.

Cruelty tu animals; profanity and drunkenness.

15. If a person cruelly beat or torture any horse, animal
or other beast, whether his own or that of another, he shall
be fined not exceeding fifty dollars.

16. If any person, arrived at the age of discretion, pro-
fanely curse or swear, or get drunk, he shall be fined by a
justice one dollar for each offence.

Violation of the Sabbath.

17. If a person, on a Sabbath day, be found laboring at
eny trade or calling, or employ his apprentices or servants
in labor or other business, except in household or otber work
of necessity or charity, he shall forfeit two dollars for each
offence; every day any servant or apprentice is ao employed
constituting a distinct offence.

Exceptions as to the mail, and as to certain persons.

18. No forfeiture shall be incurred under the preceding
section for the transportation on Sunday of the mail, or of
passengers and their baggage. And the said forfeiture shall
not be incurred by any person who conscientiously believes.
that the seventh day of the week ought to be observed as:
a Sabbath, and actually refrains from all secular business
and labor on that day: provided he does not compel! an
apprentice or servant, not of his belief, to do secular work
or business on Sunday, and does not on that day disturb apy
other person.

19. No bar-room, saloon, or other place for the sale of
intoxicating liquors, shall be opened, and no intoxicating
bitters or other drink shall be sold in any bar-room, restan-.
rant, saloon, store, or other place, from twelve o’clock on
each and every Saturday night of the week, until sunrise of.
the succeeding Monday morning; and any person violating
the provisions of this section, sball be deemed guilty of a,
misdemeanor, and, if convicted, shall be punished by fine.
not less (han ten nor more than five hundred dollars; and
shall, moreover, at the discretion of the coart, forfeit his.
license: provided that this law shall not apply to any city
having police regulations on this subject, and an ordinance
inflicting a penalty equal to the penalty inflicted by this
section.

20. If a person willfully interrupt or disturb any assembly
met for the worship .t God, or being intoxicated, if he dis-
turb the same, wh: her willfully or not, he shall be confined
in jail not more t an six months, and fined not exceeding one
hundred dolla: :, and a justice may put him under restraint
during religicas woiship, and bind him tor not more than one
year to be vt good behavior.
21. If any person carrying any gun, pistol, bowie-knife,
dagger, or other dangerous weapon, to any place of worship
while a meeting for religious purposes is being held at such
place, or without good and sufficient cause therefor, shall
carry any such weapon on Sunday at any place other than
his own premises, shall be fined not less than twenty dollars.
If any offence under this section be committed at a place of
religious worship, the offender may be arrested on the order
of a conservator of the peace, without warrant, and held
until warrant can be obtained, but not exceeding three hours.
It shall be the duty of justices of the peace, upon their own
knowledge, or upon the affidavit of any person, that an offence
under this section has been committed, to issue a warrant for
the arrest of the offender.

Protection of religious assemblies; prohibition against sale of
liquors or other things near such meetings; proviso.

22. If any person shall erect, place, or have any booth,
stall, tent, carriage, boat, vessel, vehicle, or other contrivance
whatever, for the purpose or use of selling, giving, or other-
wise disposing of any kind of spirituous and fermented
liquors, or any other articles of traffic; or shall sell, give,
barter, or otherwise dispose of any spirituous or fermented
liquors, or any other articles of traffic within three miles of
any camp-meeting, or other place of religious worship, during
the time of holding any meeting for religious worship at such
place, such person, on conviction before a justice of the
peace, for the first offence, shall be fined not less than ten
dollars, nor more than twenty dollars, and stand committed
to jail until the fine and costs are paid; and for the second
offence, shall be fined as aforesaid, and be imprisoned not
less than ten nor more than thirty days.

23. If any person shall commit any offence against the
provisions of the preceding section, he shall, in addition to
the penalties therein mentioned, forfeit all such spirituous or
fermented liquors, and other articles of traffic, and all the chests
and other things containing the same, belonging to and in
the possession of the person so offending, together with such
booth, stall, tent, carriage, boat, vessel, vehicle, or other con-
trivance or thing prepared and used in violation of said sec-
tion; and it shall be the duty of any sheriff, deputy sberiff,
or constable, if he sees any person violating the preceding
section, to arrest the offender and carry him before a justice
of the peace. The sheriff, deputy sheriff, or constable, when
he arrests the offender, shall seize the property hereby de-
clared to be forfeited, or shall seize the same on a warrant
against the offender, if such offender cannot be found; and
the justice of the peace before whom such offender is con-
victed, or before whom the warrant is returned that the
offender cannot be found, shall enter judgment of condemna-
tion against such property, and issue a fieri facias for the
sale thereof: provided the person who has been returned not
found, and whose property bas been condemned in bis ab-
sence, may appear at any time before the sale of the property
and have the case tried as if he had appeared at the return
of the warrant.

24. The provisions of the two preceding sections shall not
apply to any licensed tavern-keeper, merchant, shop-keeper,
farmer, or other person in the usual and lawful transaction
of his ordinary business, in the usual place of transacting
such business, or to any person having permission, in writing
from the superintendent of such meeting, to sell such articles
as may be named in such permission: provided this permis-
sion shall not extend to the sale of any spirituous or fer-
mented liquors.

Right of appeal.

25. Nothing in this chapter shall prevent the courts of
record from exercising their common law or statutory juris-
diction in all cases for disturbing public worship: provided
that the party convicted under the twenty-second or twenty-
third sections of this chapter sbull have the right to appeal
to the next county court for the county where the convic-
tion is had, upon giving bail for his appearance at court, and
upon such appeal shall be entitled toa trial by jury: and
provided further, that when any person or persons are pro-
ceeded against under the twenty-second or twenty-third sec-
tions of this chapter, he or they shall not be held to answer
for the same offence before any grand jury or court of record,
except as herein provided.

Temporary police force for religious meetings.
26. The supervisor, or any justice of the magisterial dis-

trict where the meeting is held, shall have power to appoint
a temporary police to enforce the provisions of this chapter.

CHAPTER VIII.
OF OFFENCES AGAINST PUBLIC HEALTH.

Selling unsound provisions.

1. If a person knowingly sell any diseased, corrupted, or
unwholesome provisions, whether meat or drink, without
making the same known to the buyer, he shall be confined
in jail not more than six months, and fined not exceeding
one hundred dollars.
2. If a person fraudulently adulterate, for the purpose of
sale, anything intended for food or drink, or any drug or
medicine, with any substance injurious to health, he shall be
confined in jail not more than one year, and fined not exceed-
ing five hundred dollars; and the adulterated articles shall
be forfeited and destroyed.

CHAPTER IX.
OF OFFENCES AGAINST PUBLIC POLICY.

Keeping or permitting faro bank and other gaming tables, pun-
ished.

1. A person who shall keep or exhibit a gaming table com-
monly called A BC, or E O table, faro bank, wheel of fortune,
keno table, or table of the like kind under any denomination,
whether the game or table be played with cards, dice, or
otherwise, or who shall be a partner, or concerned in interest
in the keeping or exhibiting such table or bank, shall be con-
fined in jail not less than two, nor more than twelve months,
and be fined not less than one hundred, nor more than one
thousand dollars. Any such table, faro bank, or wheel of
fortune, and all the money, stakes or exhibits to allure per-
sons to bet at such table, bank, or wheel, may be seized by
order of a court or under warrant of a justice; and the
money so seized, after deducting therefrom one-half for the
person making the seizure, shall be forfeited when incurred
in a town whereof there are overseers to such town; and
when incurred without such town, to the overseers of the
county, and the table and faro bank shall be burnt. )

2. If a person knowingly permit a gaming table, faro
bank, or wheel of fortune, such as is mentioned in the pre-
ceding section, to be kept or exhibited on any premises in
his occupation, he shall be confined in jail not more than one
year, and fined not less than one hundred, nor more than one
thousand dollars.

Those aiding them as doorkeepers, &c., punished.

3. If a person shall act as doorkeeper, guard, or watch, or
employ another person to cect as such, for a keeper or exhib-
itor of a gaming table, faro bank, or wheel of fortune, or
shall resist, or by any means or device, prevent, hinder, or
delay the lawful arrest of such keeper or exhibitor, or the
seizure of the table, hank, wheel, or money exhibited or
staked thereat, or shall unlawfully take the same from the
person seizing it, he shall be confined in jail not more than
one year, and fined not exceeding one thousand dollars.

_ Betting prohibited.

4. If a person bet or play at any such table, bank, or
wheel of fortune, as is mentioned in the first section, or if at
any ordinary race-field or other public place he play at any
game except billiards, bow]s, chess, backgammon, draughts,
or a licensed game, or bet on the sides of those who play, he
shall be fined thirty dollars, and shall, if required by the
court, give good security for his good behavior for one year,
or in default thereof, may be imprisoned not more than three
months.

5. If a person, by playing or betting at any game or wager
elsewhere than at a public piace, lose or win within twenty-
four hours a greater sum, or anything of greater value than
twenty dollars, he shall be punished as in the preceding
section,

Permitting gaming by a tavern-keeper; his knowledge of it, when
presumed,

6. If a keeper of an ordinary or house of entertainment
permit unlawful gaming at his house, or at any out-bhouse,
booth, arbor, or other place appurtenant thereto, or held
therewith, he shall be fined one hundred dollars, and shall
forfeit his license, and give security for his good behavior for
one year, or, in default of such security, be imprisoned not
more than four months.

7. In a prosecution under the preceding section, if the
gaming be proved, it shall be presumed it was permitted by
the keeper of the house, unless it appear that he did not
know of, or suspect such gaming, or that he endeavored to
prevent it, and gave information of it, with the names of the
players, to the next court of the county or corporation.

Tavern-keeper, &c., hiring to another any out-house, &c., for pur-
pose of gaming.

8. If a keeper of an ordinary or house of entertainment,
let or hire to another person any out-house, or other place
which has been at any time appurtenant to or held with the
house kept by him, with intent that unlawful gaming be per-
mitted thereat, he shall suffer the same punishment and incur
the same forfeiture as if such unlawful gaming were permit-
ted at his own principal house; and in a prosecution therefor,
if the gaming be proved, it shall be presumed that such out-
house or other place was let or bired with intent aforesaid,
unless the presumption be repelled in the manner mentioned
in the preceding section.
Winning by cheating, punished.

9. If any person playing at any game, or making a wager,
or having share in any stake or wager, or betting on the
hands or sides of others playing at any game, or making a
wager, shall cheat, or by fraudulent means win or acquire,
for himself or another, money or other valuable thing, he
shall be confined in jail not more than one year, and fined
not less than five times the value of the money or thing won
or acquired.

Betting on elections or appointments.

10. If a person bet or wager money or other thing over
the value of five dollars, on any election or appointment to
any office or place, to be made under authority of the con-
stitution and laws of this state, or of the United States, he
shall be fined not less than the value of such money or thing,
and not more than five times the value of such money or
thing.

Buying, selling, or transferring lottery tickets prohibited ; raffles
prohibited.

11. The buying, selling, or transferring of tickets or
chances in any lottery shall be and the same is hereby pro-
hibited.

12. If a person shall set up or promote, or be concerned
in managing or drawing a lottery or raffle, for money or
other thing of value, or knowingly permit such lottery in
any house under his control, or knowingly permit money or
other property to be raffled for in such house, or to be won
therein, by throwing or using dice, or by any other game of
chance, or knowingly permit the sale in such house of any
chance or ticket in or share of a ticket in a lottery; or any
writing, certificate, bill, token, or other device purporting or
intended to guarantee or assure to any person, or entitle him
to a prize or share of, or interest in a prize to be drawn in a
lottery, or shall, for himself or another person, buy, sell, or
transfer, or have in his possession for the purpose of sale, or
with intent to exchange, negotiate, or transfer, or shall aid
in selling, exchanging, negotiating, or transferring a chance
or ticket in or share of a ticket in a lottery, or any such
writing, certificate, bill, token, or device, he shall be confined
inejail not more than one year, and fined not exceeding five
hundred dollars.

Money, &c., drawn or proposed to be drawn in such lottery,
forfeited.

13. All money and things of value, drawn or proposed to
be drawn by an inhabitant of this state, and all money or
things of value received by such person by reason of his
being the owner or holder of a ticket or share of a ticket in
any lottery, or pretended lottery, contrary to this chapter,
shall be forfeited to the commonwealth.

Members of unchartered bank, and persons issuing, passing, or
receiving notes for circulation contrary to law, punished.

14. All members of any association or company that shall
trade or deal as a bank, or carry on banking without au-
thority of law, and their officers and agents therein, shall be
confined in jail not more than six months, and fined not less
than one hundred nor more than five hundred dollars.

15. Every person who, with intent to create a circulating
medium, shall issue, without authority of law, any note or
other security, purporting that money or other thing of
value is payable by or on behalf of such person, and every
officer and agent of such person therein, shall be confined in
jail not more than six months, and fined not less than one
hundred nor more than five hundred dollars.

16. If a person pass or receive in payment, any note or
security issued in violation of either of the two preceding
sections, he shall be fined not less than twenty, nor more
than one hundred dollars.

Persons bringing into state for circulation notes under five dollars,
punished.

17. If a person shall bring into this state, with intent to
put the same in circulation, any bank note of less denomina-
tion than five doliars, issued in another state, or shall pass
or receive such note in payment, he shall bo fined not less
than twenty nor more one bundred dollars; but this section
shall not apply to a non-resident of this state, traveling or
temporarily sojourning therein.

Fine for issuing such notes; who deemed issuer; how fine
recovered.

18. In every case where a note of a less denomination than
five dollars is offered or issued as money, whether the said
note be issued by a bank, corporation, or by individuals, the
person, firm, or association of persons, corporation, or body
politic, so offering or issuing such note, shall pay a fine of
ten dollars, to be recovered before any justice, alderman of a
city, or court in this commonwealth; and every person whose
name is signed on the face of such note, shall be deemed
an issucr in the meaning of this chapter.

To whom fine payable.

19. One-half of the fine or penalty recovered in any case
under this chapter, shall go to the informer, and the residue
shall be paid to the literary fund: provided that in all cases
the informer shall be a competent witness, and that such in-
former shall not be required to testify to more than the de-
nomination of such note.

Private action given; penalties cumulative.

20. Any person may recover, by motion before ¢ single
justice or alderman, or before any court, from any person
whose name is on the face of a note of a denomination less
than five dollars, which may be issued after the passage of
this act, five times the amount of such note; and such recov-
ery shall be in addition to the fine hereinbefore imposed.

Act applicable to scrip as well as notes.

21. This chapter shall apply as well to interest-bearing
scrip for sums less than five dollars, as to notes of other
descriptions.

Act remedial; attorney’s fee.

22. All laws for suppressing gaming, lotteries, unchartered
banks, and the circulation of bank notes for less than five
dollars, shall be construed as remedial.

23. In every case of conviction for an offence under any
preceding section of this chapter, an attorney’s fee of ten
dollars shall be taxed in the costs.

Crediting students; frauds by tobacco inspectors; frauds on elec-
tion laws.

24. If a person so violate the first section of chapter one
hundred and thirty-nine of the Code of cighteen bundred
seventy-three as to be liable to the forfeiture thereby de-
clared, he shall, moreover, be fined not less than fifty nor
more than three hundred dollars; and, upon conviction, he
shall be bound by the court in a sum not less than five bun-
dred dollars, with at least two sufficient sureties, to be of
good behavior for a year; and any subsequent violation of
the section aforesaid, shall be held to be a forfeiture of the
recognizance.

25. If any inspector of tobacco, issue, or cause to be issued,
his receipt or note for any tobacco not received into the
warehouse of which he is inspector, or more than one receipt
or note for the same tobacco, except when authorized by law
to do 80, or re-issue or pass away a tobacco receipt or note,
after the delivery of the tobacco for which it was given, he
shall be confined in the penitentiary not less than two nor
more than five years.

26. If any person, directly or indirectly, give to a voter
in any election, any money, goods or chattels, or pay his
capitation tax, under an agreement, express or implied, that
such voter shall give his vote for a particular candidate, such
person shall be punished by fine not less than twenty nor
more than one hundred dollars. And the voter receiving
such money, goods or chattels, or having bis capitation tax
paid, in pursuance of such agreement, shall be punished in
like manner with the person giving the same.

Importing convicts.

27. If a master of a vessel, or other person, knowingly
Import or bring into this state from any plaee out of the
United States, any person convicted of crime, he shall be
confined in jail for three months, and be fined one hundred
dollars.

CHAPTER X.
GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS.

Lelonies and misdemeanors defined, statutory punishment; bene-
jit of clergy abolished ; petit treason; suicide and attainder of
felony.

1. Offences are cither felonics or misdemeanors. Such
offences as are punishable with death or confinement in
the penitentiary, are felonies; all other offences are misde-
meanors.

2. No crime shall be punished with death unless it be
directed by statute.

3. A common law offence, for which punishmert is pre-
scribed by statute, shall be punished only in the mode so
prescribed. a

4, There shall be no plea of benefit of clergy, nor any dis-
tinction between murder and petit treason; but tbe last men-
tioned offence shall be punished as murder.

5. No suicide nor attainder of felony shall work a corrup-
tion of blood or forfeiture of estate.

Felony not to merge civil remedy.

6. The commission of a felony shall not stay or merge any
civil remedy.

As to principal in second degree and accessories.

7. In the case of every felony, every principal in the sec-
ond degree and every accessory before the fact, shall be pun-
ished as if he were the principal in the first degree, and
every accessory after the fact, shall be confined in jail not
more than one year, and fined not exceeding five hundred
dollars. |
8. But no person in the relation of husband and wife,
parent or grandparent, child or grandchild, brother or sister,
by consanguinity or affinity, or servant to the offender, who,
after the commission of a felony, shall aid or assist a princi-
pal felon or accessory before the fact, to avoid or escape
from prosecution or punishment, shall be deemed an acces-
sory after the fact.

9 An accessory, either before or after the fact, may,
whether the principal felon be convicted or not, or be amen-
able to justice or not, be indicted, convicted, and punished
in the county or corporation in which he became accessory,
or in which the principal felon might be indicted. Any such
accessory before the fact, may be indicted either with such
principal or separately.

Attempts to commit offences.

10. Every person who attempts to commit an offence, and
in such attempt does any act towards its commission, shall,
where not otherwise provided, be punished as follows: If
the offence attempted be punishable with death, the person
making such attempt, shall be confined in the penitentiary
not less than two nor more than five years, except that in
cases of attempt to commit rape, the term of confinement in
the penitentiary shall be not less than three nor more than
eighteen years. If it be punishable by confinement in the
penitentiary, he shall be confined in jail not less than six nor
more than twelve months. If it be punished by confinement
in jail or fine, he shall be confined in jail not more than six
months, or fined not exceeding one hundred dollars; but if
the attempt be to commit grand or petit larceny, he shall be
punished with stripes.

Inmitation of prosecutions.

11. A prosecution for committing, or procuring another
person to commit perjury, shall be commenced within three
years next after the perjury was committed; and a prosecu-
tion for a misdemeanor, or any pecuniary fine, forfeiture,
penalty, or amercement, shall be commenced within one year
next after there was cause therefor, except that a prosecu-
tion for petit larceny may be commenced within five years,
and for an attempt to produce abortion, within two years
after commission of the offence.

Where offences prosecuted in certain cases.

12. Prosecution for offences committed, wholly or in part
without, and made punishable within this state, may be in
any county or corporation in which the offender may be
found, or to which he may be sent by any judge, justice, or
court.
13. An offence committed on the boundary of two counties,
or within one hundred yards thereof, may be alleged to have
been committed, and may be prosecuted and punished in
either county.

14. If a mortal wound, or other violence or injury be
inflicted, or potson administered in one county or corpora-
tion, and death ensue therefrom in another county or corpo-
ration, the offence may be prosecuted in either.

iffect of former acquittal.

15. A person acquitted by the jury upon the facts and
merits on a former trial, may plead such acquittal in bar of
a second prosecution for the same offence, notwithstanding
any defect in the form or substance of the indictment or
accusation on which he was acquitted.

16. A person acquitted of an offence on the ground of a
variance between the allegations and the proof of the in-
dictment or other accusation, or upon an exception to the
form or substance thereof, may be arraigned again on a new
indictment or other proper accusation, and tried and con-
victed for the same offence, notwithstanding such former
acquittal.

How accused may be convicted ; on what evidence in certain cases.

17. No person shall be convicted of felony, unless by out-
lawry, or by his confession of guilt in court, or by his plea
or demurrer, or *y the verdict of a jury, accepted and
recorded by the court.

18. Approvers shall not be admitted in any case.

19. Except where it is otherwise expressly provided, a
person convicted of felony shall not be a witness, unless
he bas been pardoned or punished therefor, and a person
convicted of perjury shall not be a witness, although par-
doned or punished.

20. No person prosecuted for unlawful gaming shall be
competent to testity against a witness for the commonwealth
in such prosecution, touching any unlawful gaming com-
mitted by him prior to the commencement of such prosecu-
tion; nor shall any witness giving evidence, either before
the grand jury or the court in such prosecution, be ever pro-
ceeded against for any offence of unlawful gaming committed
by him at the time and place indicated in such prosecution ;
but such witness shall be compelled to testify, and for refusing
to answer questions, may by the court be fined a sum not
exceeding five hundred dollars, and be imprisoned for a term
not exceeding six months.

21. No person who is not jointly tried with the defendant
shall be incompetent to testify in any prosecution by reason
of interest in the subject-matter thereof.
22. In a criminal prosecution, other than for perjury, or
an action on a penal statute, evidence shall not be given
against the accused of any statement made by him as a wit-
ness upon a legal examination.

How term of imprisonment or amount of fine is fixed.

23. The term of confinement in the penitentiary, or in
jail, of a person convicted of felony, where that punishment
is prescribed, shall be ascertained by the jury.

24, In all cases of conviction for misdemeanor, the court
or justice trying the case, shall. ascertain the punishment,
where the same is not fixed by law: provided that not more
than thirty-nine stripes shall be inflicted in one day, nor
more than seventy-eight for one offence, and that no fine
shall be assessed by a court at less than five dollars, or by a
justice of the peace at less than two dollars and a half, unless
otherwise provided by law.

Punishment in cases of second convictions.

25. When any person is convicted of an offence, and sen-
tenced to confinement therefor in the penitentiary, and it is
alleged in the indictment on which he is convicted, and ad-
mitted, or by the jury found that he had been before sen-
tenced in the United States to a like punishment, he shall be
sentenced to be confined five years, in addition to the time
to which he is or would be otherwise sentenced.

26. When any such convict shall have been twice before
sentenced in the United States to confinement in the peni-
tentiary, he shall be sentenced to be confined in the peniten-
tiary for life.

27. When a person is convicted of petit larceny, and it is
alleged in the indictment on which he is convicted, and ad-
mitted, or by the jury or justice of the peace before whom
he is tried, found, that he has been before sentenced in the
United States for the like offence, he shall be punished with
stripes; and, in the discretion of the court or justice, may be
sentenced to work in the cbain-gang, if there be one estab-
lished in the county or corporation in which he was tried,
not exceeding twelve months.

28. When any person is convicted of two or more offences,
before sentence is pronounced for either, the confinement to
which he may be sentenced upon the second, or any subse-
quent conviction, shall commence at the termination of the
previous term or terms of confinement.

Identification of persons convicted of felony, or other infamous
offence; register to be kept by clerks of courts; their fees; duty
of judges.

29. In any case where a female is convicted of an offence
punishable by stripes, she may, in the discretion of the court,
be punished by confinement in jail not exceeding twelve
monthr, instead of by stripes.

30. The clerk of the court of each county and corporation,
shall keep a register of full and accurate discriptive lists of
every person convicted in his own or any other court of
record of bis county or corporation, of felony or other infa-
mous offence, and a duly certified and attested copy of any
such descriptive list may be used as prima facie evidence of
tho facts therein stated in any question of identity. Such
register shall be kept written up, well indexed, and shall be
opened to public inspection at all reasonable hours. Such
register shall be in the following form:

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. | os ” °
Gv. cans . , ) ‘ M
a e PS hy | = i 22'S
- OL bu
o S) cs a = og ~ 2
ons Ss kK | Le & 2k
rs Br 3 be e °., faq
Zz ” a S) | © —s E94”
=I [ae] . S ‘ © te £2
(oJ — wu i) | = o— © oo
=} te 5 | k | = a9 Bas
5 a? ty o Ss) re O & =
ha ee eos ~ he : ad Om nos
S - &Y Booey J) S ~ e =| ww O ova
- Eo | =-s y 5. | © “ oo age
be oe ey th co 5 a ™ o # oko
E ov £ TE oh rz) DO 3 o& af?
Cs me fo) a roe © te ° eo ma >
v, A o | & =~!o!l6 O a 4

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1 ;
ob
yg | |

And each descriptive list shall be attested by said clerk.

31. The clerk of every court of record of each county or
corporation, other than the county or corporation court, shall
within ten days from the date of conviction of any person
in his court of any offence mentioned in the twenty-ninth
section of this chapter, deliver to the clerk of the county or
corporation court, for record in said register, an attested des-
criptive list of the person so convicted, in the form herein-
before prescribed. For the service mentioned in this or the
said section, the clerk shall be entitled to a fee of fifty cents,
to be paid out of the state treasury.

32. The judges of the respective courts shall take care that
the provisions of the two preceding sections of this chapter
are punctually and properly carried out by their respective
clerks.
CHAPTER XI.

FOR PREVENTING THE COMMISSION OF CRIMES.

1. Every judge throughout the state, and every justice,
commissioner in chancery, and notary public, within his
county or corporation, shall be a conservator of the peace,
and may require from persons not of good fame, security for
their good behavior, for a term not exceeding one year.

2. If complaint be made to any such conservator that there
is good cause to fear that a person intends to commit an
offence against the person or property of another, he shall
examine on oath the complainant, and any witnesses who
may be produced, reduce the complaint to writing and cause
it to be signed by the complainant.

3. If it appear proper, such conservator shall issue a war-
rant, reciting the complaint, and requiring the person com-
plained of forthwith to be apprehended and brought before
him or some other conservator.

4. When such person appears, if the conservator, on hear-
ing the parties, consider that there is not good cause for the
complaint, he shall discharge the said person, and may give
judgment in his favor against the complainant for his costs.
If he consider that there is good cause therefor, he may re-
quire a recognizance of the person against whom it is, and
give judgment against him for the costs of the prosecution,
or any part thereof; and unless such recognizance be given,
he shall commit him to jail by a warrant, stating the sum
and time in and for which the recognizance is directed. The
person giving judgment under this section for costs, may issue
a writ of fieri faciag thereon, if an appeal be not allowed ;
and proceedings thereupon may be according to the ninth
and eleventh sections of chapter one hundred and forty-
seven, Code of eighteen hundred and seventy-three.

5. A person from whom such recognizance is required,
may on giving it, appeal to the court of the county or cor-
poration; in such case the officer from whose judgment the
appeal is taken, shall recognize such of the witnesses as he
thinks proper.

Power of court thereupon, and when accused is committed.

6. The court may dismiss the complaint or affirm the judg-
ment, and make what order it sees fit as to the costs. If it
award costs against the appellant, the recognizance which
he may bave given, shall stand as a security therefor. When
there is a failure to prosecute the appeal, such recognizance
shall remain in force, although there be no order of uffirm-
ance. On any appeal the court may require of the appellant
a new recognizance if it see fit.
7. Any person committed to jail under this chapter, may
be discharged by the county or corporation court on such
terms as it may deem reasonable.

Persons armed; affrays and threats; recognized to keep peace.

8. If a person go armed with a deadly or dangerous weapon,
without reasonable cause to fear violence to bis person, family
or property, he may be required to give a recognizance, with
the right of appeal, as beture provided, and like proceedings
Bhall be bad on such appeal.

9. If a person, in the presence of a court or a conservator
of the peace, make an affray, or threaten to kill or beat
another, or to commit violence against his person or property,
or contend with angry words, to the disturbance of the
peace, he may without process or further proof, be required
to give a recognizance.

Proceedings when person suspected of retailing spirits without
license.

10. If any justice suspect any person of selling by retail,
wine or ardent spirits or a mixture thereof, contrary to law,
he shall summon the person, and such witnesses as he may
think proper, to appear before him; and upon the persons
appearing, or failing to appear, if the justice, on examining
the witnesses on oath, find sufficient cause, he shall direct the
commonwealth’s attorney for the court of his county or cor-
poration, to institute a prosecution against such person, and
shall recognize the material witnesses, or cause them to be
summoned to appear at the next term of said court; such
justice may also require the person suspected, to enter into
a recognizance to keep the peace and be of good behavior,
for a time not exceeding one year. If such recognizance be
given, the condition thereof shall be deemed to be broken, if,
during the period for which it is given, such person shall sell,
by retail, wine or ardent spirits or a mixture thereof, con-
trary to law.

Special county police; how appointed and removed.

11. The county courts of the several counties and corpo-
rations of this commonwealth, may, if they deem it advisa-
ble, appoint a special police force, to consist of not less than
twelve suitable and discreet persons, who shall serve as such
until others are appointed in their place by the court.

12. The court may, at any time, remove any or all of such
police, and appoint others, and may fill any vacancy that
may occur in said police force, or may add to the number
theretofore appointed.

13. The removal from the county in which he was ap-
pointed, shall vacate the office of such person so appointed,
or he may resign or decline the appointment; and thereupon
the vacancy shall be filled by the court.

Jurisdiction and power of such police; search warrants.

14: The jurisdiction and authority of said police sball
extend no further than the limits of the county in which
they are appointed, and a copy of the order of appointment
made by the court, ‘attested by the clerk of such court, shall
in all cases be received as evidence of their official char-
acter.

15. It shall be the duty of said special police so appointed,
and they are hereby authorized to apprehend and convey
before a justice of the peace, to be dealt with according to
law, all persons whom they may be, by the warrant of a
justice, directed to apprehend, or whom they have cause to
suspect have violated the laws of the state, or intend so to
do; and they shall be authorized to search for stolen prop-
erty, at any time, upon the application of any one who will
make affidavit before any conservator of the peace that his
property of a certain description has been stolen, and that
he has reason to suspect that it is concealed in the house or
on the premises of a certain named person or persons; if
such property be found, the police shall proceed as if he were
an officer acting under chapter thirteen of this act.

Duty of justice; may bind to keep peace.

16. In all cases arising under this chapter, the justice
before whom the person or persons so arrested shall be
brought, shall examine into the case and dispose of the same
according to law; and if he think the person so apprehended
should be bound over to keep the peace and be of good
behavior, he shall order him or her to enter into recognizance
to that effect, in the manner now prescribed by law, and in
default thereof such person may be committed to jail.

Oath to be taken by justice; their compensation; authority to
require aid.

17. Before entering upon the discharge of their duties,
the persons so appointed, in addition to an oath to be faith-
ful and true to this commonwealth, and to support the con-
stitution thereof, shall take an oath faithfully to discharge
their duties.

18. The county courts may, if they see proper, allow com-
pensation to said police, or any expense incurred in the
execution of their duties, to be paid out of the county levy.

19. The said officer or officcrs shall have power and
authority to require any person to aid in making such arrest,
as sheriffs are now authorized by law.
Conservator of the peace at watering places, at the University
and incorporated college; his jurisdiction; power to make and
publish regulations; term of office; violation of regulations
cause for binding to keep peace.

20. The county court, or the judge of the circuit court of
any county in which any watering place may be located, or
in which the University of Virginia or any incorporated
college may be, may, upon the application of the owners or
proprictors of such watering place, or of the board of
visitors of said University or other constituted authority of
any incorporated college, appoint some citizen of the com-
monwealth conservator of the peace, whose jurisdiction sball
extend over the grounds attached to such watering place,
university or incorporated college, within such limits as shall
be prescribed in the order appointing such conservator.

21. Such conservator shall have power to prescribe such
police regulations, not inconsistent with the laws of the
commonwealth, as may bo expedient for the preservation of
the peace and good order of such watcring-place, or of such
university or incorporated college, and shall keep such regu-
lations posted at some public place within bis jurisdiction.

22. Such conservator of the peace shall hold his office for
one year from the time of his appointment, and within the
limits prescribed for his jurisdiction, shall be a conservator
of the peace; and the violation of any regulation prescribed
and published in the manner required by the preceding sec-
tion, shall be held to be sufficient cause for recognizing the
violator to answer the same, and to be of good behavior, or
to keep the peace, as may seem proper.

Policeman to be appointed; his power same as constable, except
as to civil process; oaths of conservator and policeman.

23. Such court shall have power, and is hereby authorized
to appoint some citizen a policeman, whose power and duties
shall be the same as those of a constable, except that he shall
not have authority to execute civil process. Before the said
conservator of the peace and policeman shall perform the
duties of their respective offices, they shall take the oaths
prescribed by law, before the court making the appointment,
or before a justice of the peace.

Hlow chain-gangs in cities, towns, and counties may be organized
as a punishment for crime.

24, The common council of all cities and towns in this
state, containing a population of over five thousand inhabi-
tants, and the trustees or other proper authorities of other
incorporated towns of less than five thousand inhabitants,
and the board of supervisors of each county, or if they shall
not act, the judge of the county or corporation court of such
county or corporation, are hereby authorized and empowered
to establish chain-gangs, to be composed of persons herein-
after described, in their respective cities, counties, and towns,
for the purpose and object of working on the streets, roads,
and public property of such cities, counties, and towns; and
all male persons above the age of sixteen years, who may be
convicted of misdemeanor, or of any offence deemed infa-
mous in law, and sentenced to confinement in jail as a punish-
ment, or part punishment for such offence, or who may be
imprisoned for failure to pay any fine or penalty which
may have been imposed upon or assessed against such per-
son upon such conviction, or upon conviction for any viola-
tion of any ordinance of any city or town which by said
ordinance may be punished by confinement in jail or fine,
may be required to work in such chain-gang: provided that
any county which has not established a chain-gang of its
Own, may, by its supervisors or judge, contract to hire such
convicted persons as are liable to work in-a chain-gang, to
the authorities of any county, city, or town which has a
chain-gang; such persons to be subject to the rules and regu-
lations established for the government of the chain-gang in
which they shall be employed.

Rules and regulations for their government; how imposed.

25. Such common councils, trustees, or other proper au-
thority, and boards of supervisors or judge, shall establish
rules and regulations for the care, safe-keeping, and govern-
ment of such persons while so employed, and shall provide
for the payment of the expenses of said chain-gangs, and
shall furnish the clothing necessary for such persons, to be
paid out ef their city, town, and county treasuries.

Order of judge; what to direct; may exempt for age or infirmity.

26. The judge shall order such persons as may be confined
or committed to the jail of his county or corporation, and
liable to work in chain-gangs under the provisions of
this chapter, to be delivered by the jailor to the per-
son authorized to take charge of and work the chain-gang
in his county, city, or town; which order shall specify the
length of time each person is required to work in such chain-
gang. He may direct, if the judge shall think proper so to
do, that they be confined in the jail when not engaged at
work. The jailor shall take a receipt for every prisoner
delivered by him under such order, which shall discharge
him from all liability for the escape of such persons so long
as they may not be in his custody.

27. If it shall be manifest that, from old age, bodily infirm-
ity, or any other cause, any person otherwise liable to labor
in the chain-gang should be exempted therefrom, it shall be
the duty of the judge to make an order to that effect, stating
in the order the reason therefor.

Prisoners may be compelled to work out fine and costs.

28. All persons held to labor under the provisions of this
chapter for the non-payment of any fine imposed upon or
assessed against them, shall be required to work out the full
amount of all such fines or assessments, including the legal
costs, at the rate of twenty-five cents pe r day for each day
80 held, Sundays excepted: provided that all persons held
to labor under the provisions of this chapter, shall be enti-
tled to a credit of twenty-five cents for each day of their
confinement, whether they labor or not, as a credit upon any
fine which may be assessed against them. A statement of
the amount of the fine or assessment, together with the costs
and the number of days labor required to discharge the
same, shall be made out under the direction of the judge,
and delivered to the person in charge of the chain-gang at
the time be receives the delinquent: provided that no person
shall be held to labor in any chain-gang for the non-payment
of any fine imposed upon or assessed against him, for a
greater period than six months.

CHAPTER XII.
OF CORONERS’ INQUESTS.
What coroner to act; his warrant; summons td witnésses.

1. Upon notice of a death supposed to have been caused
by violence, and not by casualty, the coroner of ‘the éity' of
Richmond, if the dead body be in the penitentiary, and in
any other case the coroner of the county or corporation in
which the dead body is, shall issue a warrant to the follow-
ing effect: “———_—— county (or corporation of ——-——),
to-wit: To the sheriff (or sergeant), or any constable of

county (or the corporation of ———_————

You ‘are required to summon six jurors of the county
(or corporation) of ————— , to attend before me, a
coroner .of said county (or corporation ) at the’ dwelling.
house of , (or at a place called ——_-——), in
said county (or corporation), at the house of ‘
to enquire upon the view of the body of , (or
& person unknown), there lying dead, when, how, and’ by
what means he came to his death. Given under my band
this —— day of

2. The coroner may issue a summons, directed like the
warrant, commanding the officer to summons witnesses to
attend before him at such time ard place as he may direct.

How warrant and summons executed; jury formed, and their oath.

3. Any such officer to whom the warrant or summons
may -be delivered, shall forthwith execute it, and make
return thereof to the coroner at the time and place named
therein; if he fail so to execute and return the same, he
shall forfeit twenty dollars; and if any person summoned
as a juror fail to attend as required, without sufficient excuse,
he shall forfeit ten dollars.

4, If six jurors do not attend, the coroner may require
the officer or any other person to summon others. When
the full number of six shall have appeared, the coroner, in
view of the body, shall administer to them the following
oath: “You swear that you will diligently enquire, and true
presentment make, when, how, and by what means the person
whose body here lies dead, came to his death, and return a
true inquest thereof, upon your own Knowledge and the
evidence before you. So help you God.”

How witness is compelled to attend ; ,how-evidence taken.

5. Witnesses on whom the summons before-mentioned is
served, may be compelled by the coroner to attend and give
evidence, and shall be liable in like .mauner,.as. if, the ,sqm-
mons bad been issued by a justice in a criminal case. They
shall be sworn by the coroner before giving evidence, to, the
inquest, and their evidence shall be: reduged.,to, writing, by
him, or under his directions, and subgcribed by them, reppec-
tively. |

Ingwuiaition ; evidence, dc., returned ; , wiknesaes. recagnized ,,, coro-
NEF 10: SSUE SAME PFOGESS: AB A; Justice.

., 6,-The, jary, after. hearing the evidence and,, makin gall
needful enquiries, shall deliver to the coroner their inquisi-
tion, wherein they shall state the name of the deceased (if
it.be known), the material circumstances attending his death,
and if they find that he came to his death by unlawful. vio-
lence,.who were guilty thereof, either as’ principal or acces-
sory. . The inquisition may be to the following | effect:
« county (or corporation) of ——., to wit: An inquisi-
tion taken at ——-—,, in the county (or corporation) of ——,
on the day of —,in the year , before ,
a coroner of the said county (or corporation), upon the view
of the body of — , (or a person unknown,) there lying
dead. The jurors sworn to enquire when, how, and by what
means the said (or person) came to his death, upon
their oaths, do say: (Then insert when, how, and by what
person, means, weapon, or instrument he was killed, and
any material circumstances.) In testimony whereof, the said
coroner and jurors have hereto set their hands.”

7. The coroner shall return to his county or corporation
court the inquisition, written testimony and recognizances
by bim taken; and if the jury find that murder, manslaughb-
ter, or assault had been committed on the deceased, shall
require such witnesses as he thinks proper, to give a recogni-
zance to appear and testify at such court when it sits for the
trial of the accused.

8. If a person charged with the offence by the inquest be
not in custody, the coroner may, for his apprebension, issue
process in the same manner as a justice; it shall be return-
able before a justice, and proceeded on as directed by chap-
ter fourteen of this act.

When deceased a stranger, body to be buried; how costs paid.

9. If the dead person be a stranger, whether an inquest
be taken, or the coroner called to view the body think it
unnecessary to have an inquest, be shall cause the body to be
decently buried.- If the coroner certify that he believes the
deceased has not sufficient estate in this state to pay the
expenses of the burial, the coroner’s fees, and the expenses
of the inquest (if one was taken), including the pay of the
jurors, as hereinafter provided for, they shall, when allowed
by the court of the coroner’s county or corporation, be paid
out of the treasury. In other cases, all such charges shall
be paid out of the estate of the deceased, or if the estate be
insufficient, by the county or corporation aforesaid, unless
the inquest be on the body of a convict in the penitentiary,
in which case the same shall be paid out of the treasury
after being allowed by the executive. Jurors who shall
serve on a coroner’s inquest shall be entitled to receive one
dollar for such service, to be paid as the other expenses of
inquest are horein above directed to be paid.

Coroner may require physicians to attend inquest; their compen-
sation.

10. In taking an inquest, the coroner may require one or
more physicians to attend, and give information and render
services incident to his profession useful to the jury; and
reasonable compensation therefor shall be allowed, as part of
the costs of the inquest.

Penalty on coroner for failure of duty.

11. If a coroner fail to perform any duty herein required
of him, he shall forfeit one hundred dollars. In case of such
failure, or if there be no coroner authorized to act, or none
in the neighborhood in which the dead body may be found,
any justice of the county may act.as coroner, and be enti-
tled to the same fees, and be subject to the same penalties.
12. Under this chapter proceedings may be had for sum-
moning a jury and witnessess, and an inquest may be held
as well on Sunday as any other day. |

Coroners’ and constables’ fees.

13. A coroner shall have, for taking an inquest on a dead
body, three dollars, except where the coroner is a physician
and actually makes an examination of the dead body, in
which case his fee shall be five dollars; and a sheriff, or con-
stable for summoning a coroner’s jury and the witnesses, one
and a half dollars.

CHAPTER XIII.
OF SEARCH WARRANTS.
How, when, and for what things search warrant to issue.

1. If there be complaint on oath that personal property
has been stolen, embezzled, or obtained by false pretences,
and that it is believed to be concealed in a particular house,
or other place, the justice or justices to whom complaint is
made, if satisfied that there is reasonable cause for such
belief, shall issue a warrant to search such place for the
property.

2. On like complaint, on oath, according to the nature of
the case, the justice or justices to whom it is made, if satis-
fied that there is reasonable cause therefor, shall issue a war-
rant to search specified places for the following things:

First. Counterfeit or spurious coin, forged bank notes, and
other instruments or writings, or any tools, machines, or
materials for making them.

Secondly. Any book or other thing containing obscene
language, or any print, picture, figure, or description mani-
festly tending to corrupt the morals of youth, and intended
to be sold, loaned, circulated, or distributed, or to be intro-
duced into a family, school, or place of education.

Thirdly. Lottery tickets, or materials unlawfully made,
provided, or procured for drawing a lottery.

Fourthly. Any gaming apparatus or implements used, or
kept and provided to be used, in unlawful gaming, or in any
place resorted to for unlawful gaming.

How warrant directed; what to command.
3. Every search warrant shall be directed to the sheriff,

sergeant, or constable of the county or corporation in which
the place to be rearched may be, and shall command him to
search the place designated, either in the day or night, and
seize such stolen property, or other things, and bring the
same and the persons in whose possession they may be
found, before a justice or court having cognizance of the
case.

What to be done in seizure, under such warrant, with the pro-
perty.

4. If any search warrant be executed by the seizure of

roperty, or of any other of the things aforesaid, the same
shall be safely kept by the direction of such justice or court,
‘to be used in evidence; and as soon as may be afterwards,
such stolen or embezzied property shall be restored to its
owner, and the other things specified aforesaid, burnt or
otherwise destroyed under such direction.

4

CHAPTER XIV.
OF ARREST, COMMITMENT, AND BAIL.
By whom and when process of arrest issued.

1. A judge of a circuit, county or corporation court, in
vacation as well as in term time, or a justice, may issue pro-
cess for the apprehension of a person charged with an
offence. )

2. On complaint to any such officer of a criminal offence,
he sball examine on oath the complainant and any other
witnesses, or when such officer shall suspect that an offence
punishable otherwise than by fine has been committed, he
may, without formal complaint, issue a summon for wit-
‘nesses, and shall examine such witnesses; and if he sees
good reason to believe that an offence has beon committed,
‘shall issue his warrant reciting the accusation, and requiring
the person accused to be arrested and brought before a justice
of the county or corporation; and in the same warrant may:
require the officer to whom it is directed, to summon such
witnesses as shall be therein named, to appear and give
evidence on the examination.

When officer may pursue accused into any county.

3. If a person charged with an offence shall, after or at
the time the warrant is issued for his apprehension, eseape
from or be out of the county or corporation in which the
offence is alleged to have been committed, the officer to
whom the warrant is directed, may pursue and apprehend
him anywhere in the state; or a justice of a county or cor-
poration’ other than that in which it was issued, on being
satisfied’ of the genuineness thereof, may endorse thereon
his name and official character, and such endorsement shall
Operate as a direction of the warrant to an officer of such
justice’s county or corporation.

Person arrested ; before whom to be brought.

4, An officer arresting a person under a warraut for an
offence shall bring such person before, and return such war-
rant to, a justice of the county or corporation in which the
warrant issued, unless such person be let to bail, as herein-
after mentioned, or it be otherwise provided.

5. Where a warrant is issued in a county or corporation,
other than that in which the charge ought to be tried, the
justice before whom the accused is brought, shall, by warrant,
commit him to an officer, that he may, and such officer shall
carry bim to the county or corporation in which the trial
should be, and there shall take him before, and return such
warrant to, a justice there.f, unless otherwise provided for.

Bail; when allowed, and by whom.

6. A justice before whom a person is charged with an
offence not punishable with death or confinement in the
penitentiary, or of which, if it be so punishable, only a light
suspicion of guilt falls on bim, may, pending the examina-
tion before him, or upon committing such persof: for trial,
admit him to bail. If the offence be 80 punishable, and there
is good cause to believe such person guilty, he shall not be
let to bail by a justice; nor shall any person, in jail under
an order of commitment, be admitted to bail by a justice in
a.less sum than was required by such order. But a court in
which any person is held, and to be tried, for a criminal
offence, or any judge of a circuit, county, or corporation
court, may admit such person to bail before conviction.

7. A person charged with an offence not so punishable,
and to be carried to another county or corporation, shall, if
he request it in the county or corporation wherein he is
arrested, be brought before a justice thereof. In such, or any
case of a person charged with an offence not so punishable,
if he desire it, a court, judge, or justice before whom he is
brought, may, without trial or examination, let him to bail,
upon taking a recognizance for his appearance before the
court having cognizance of the case; the fact of taking
which shall be certified, by the court or officer taking it,
upon the warrant under which such person was arrested,
and the warrant and recognizance shall be returned forth-
with to the clerk of the court before which the accused is to
appear; to which court, the judge or justice, who issued such
warrant, shall recognize or cause to be summoned such wit-
nesses as he may think proper. |
8. In all cases in which recognizances, at the suit of the
commonwealth, may have been, or shall hereafter be entered
into, it shall be the duty of the clerk of the court in which,
or in the clerk’s office of which any recognizance may be
filed, to deliver to the bail, on his applying therefor, a bail-
piece, in substance, as follows: “A. B. of the county (or cor-
poration) of , is delivered to bail, unto C. D. of the
county (or corporation) of , at the suit of the
commonwealth. Given under my hand, this day of
, in the year a

Justice, when to adjourn case, and how to proceed thereupon.

9. A justice may adjourn an examination or trial pending
before nim, not exceeding ten days at one time, without the
consent of the accused, and to any place in the county or
corporation. In such case, if the accused be charged with
an offence punishable with death, or confinement in the peni-
tentiary, unless it be a case in which only a light suspicion
of guilt exists, he shall be committed to jail; otherwise, he
may be recognized for his appearance at the time appointed
for such further examination or trial, or for want of bail be
committed to jail.

Proceedings when accused fails to appear, or if he was committed.

10. If a person recognized to appear before a justice do
not appear at the time so appointed, the said justice shall
certify the recognizance and the fact of such default, to the
county or corporation court at its next term, and like pro-
ceedings shall be had thereon as on breach of a recognizance
for appearance before such court.

11. If the accused is committed, it shall be by an order of
the justice, stating that he is committed for further exami-
nation on a day specified in the order, and on that day he
may be brought before the justice, by his verbal order to the
officer by whom he was committed, or by a written order to
a different person.

How justice to proceed in emOnenaGN,

12. The justice before whom any person is brought for an
offence, shall, as soon as may be, in the presence of such
person, examine on oath the witnesses for and against him,
and he may be assisted by counsel.

13. While a witness is under such examination, all other
witnesses may, by order of the justice, be excluded from the
place of examination, and kept separate from each other.
14. When the justice deems it proper, the testimony of
the witnesses may be reduced to writing, and tho same, if
required by him, shall be signed by them respectively.

When justice to discharge accused; what to do where there is
sufficient cause to discharge him.

15. The justice shall discharge the accused if he consider
that there is not sufficient cause for charging him- with the
offence; and shall commit him to jail, if he consider that
there is such cause, or let him to bail under the sixth sec-
tion. He shall require recognizance, with or without sure-
ties, as he decms proper, from all material witnesses against
the accused. ;

16. When a justice so considers that there is sufficient
cause for charging the accused with the offence, unless it be
a case wherein it is otherwise specially provided, the com-
mitment shall be for trial, and the recognizance be for ap.
pearance in the court having jurisdiction of the offence, at
such time as the case can be proceeded in before such court.
The justice sha!l return to the clerk of such court, as soon
as may be, a certificate of the nature of the offenco, showing
whether the accused was committed or recognized therefor;
and the clerk, as soon as may be, shall inform the attorney
for the commonwealth in said court of such certificate.

Recognizances certified to clerk of the court.

17. Every examination and recognizance taken under this
chapter, shall, by the judge or justice taking it, be certified to
the clerk of the court before which the party charged is to
appear, on or before the first day of its session. If he fail,
he may be compelled to do so by attachment, as for a con-
tempt. |

Justice may associate other justices with him.

18. A justice to whom complaint is made, or before whom
a prisoner is brought, may associate with him elf one or
more justices of the county or corporation, and they may
together execute the powers and duties before mentioned.

Party committed for misdemeanor in certain cases to be dis-
charged; when accused may be witness.

19. If a person be in jail or under recognizance to answer
a charge of assault and battery or other misdemeanor, for
which there is a remedy by civil action, unless the offence
was committed by or upon.a sheriff or other officer of jus-
tice, or riotously, or with intent to commit a felony, if the
party injured appear before the judge or justice who made
the commitment or took the recognizance, and acknowledge
in writing that he has received satisfaction for the injury,
such judye or justice, in his discretion, may, by an order
under his hand, supersede the commitment or discharge the
recognizance as to the accused and witnesses. Hereafter, in
all prosecutions for assault and battery and unlawful tres-
pass, the accused may be sworn and examined as a witness
in his own behalf.

When and to whom order discharging recognizance or Superseding
commitment to be returned.

20. Every order discharging a recognizance shall be filed
witb the clerk before the session-of the court at which the
party was to appear, and an order superseding a commitment
shall be delivered to the jailor, who sball forthwith discharge
the wituesses (if any) and the accused, and against him judg-
ment shall be entered in the said court for the costs of the
prosecution.

Where accused is bailed, sufficient security to be taken.

21. In all cases where the accused is let to bail with secu:
rity, the officer taking such bail shall require sufficient
security.

CHAPTER XV.

OF GRAND JURIES.

Grand jury terms in county, corporation, and hustings courts ;
how many, and how designated.

1. There shall be a regular grand jury at two terms in
each year, of the county, corporation, and hustings courts,
to be designated by the judges of said courts, and as many
special grand juries as may be ordered in the manner herein-
after provided.

Jurors, how selected; list of those selected to be furnished to officer ;
how jury 1s summoned.

2. The county, corporation, and hustings judges of each
county, city, and town, shall, in the month of August of
each year, select from the qualified voters of said counties,
cities, and towns, forty-eight persons of honesty, intelligence,
and good demeanor, and suitable in all respects to serve as
grand jurors, who shall be the grand jurors for twelve months
next thereafter; such jurors shall be selected from the several
magisterial districts of the counties and wards of the cities,
and towns, in proportion to the population thereof, and a
list of such jurors sball:at once be furnished to the clerk of
the court whose judge makes the selection. Whenever a
grand jury is ordered by such court, the clerk shall as soon
as may be, but not more than twenty days before the jury is
wanted, issue a venire facias to the sheriff of the county, or
sergeant of the city or town, comm: nling him to summons
of such persons so selected, who are to be named in the writ,
the maximum number prescribed for the grand jury ordered
to appear at the time directed by the judge or court to serve
as grand jurors. No such person shall be required to appear
more than once, until all the others have been summoned
once, nor more than twice, until the others have been twice
summoned, and soon. The clerk in issuing the venire facias
shall apportion the grand jurors, as nearly as may be, rate-
ably among the magisterial districts or wards.

Who are qualified, and the number to be summoned.

3. A regular grand jury shall consist of not less than six-
teen nor more than twenty-four persons; and a special grand
jury of not less than six nor more than nine persons. Each
grand juror sball be a citizen of this state, and of the county
or corporation in which the court is to be held, and in other
respects a qualified juror, and not a constable, ordinary
keeper, overseer of a road, and not the owner or occupier of
a grist mill; and when the grand juror is for a county court,
not an inhabitant of a city or town having a corporation or
hustings court. ,

Special grand jury; how ordered, and the number summoned.

4. A spe ial grand jury may be ordered at any time by a
county, corporation, or hustings court, or the judge thereof
in vacation; and where a grand jury, regular or special, has
been discharged, the court, during the same term, may
impannel another and special grand jury. Where a special
grand jury is ordered in vacation, the judge shall notify the
clerk of his court of the time at which such jury is required ;
and thereupon said clerk shall issue a venire facias, as here-
inbefore prescribed.

Vacancies in grand jury, or its foreman, by failure to attend ;
how supplied.

5. If, at any time before or after a grand jury is sworn, a
sufficient number of grand jurors, selected as heretofore
prescribed, do not appear, the court may direct the vacancies
to be supplied from the bystanders, or from a list to be fur-
nished by the judge to the sheriff or sergeant. If at any
time the foreman of a grand jury fail to attend, or cannot
serve, the court may select and swear another juror aa
foreman. )
6. From among the persons so summoned who attend, the
court shall select a for emun, who shall be sworn as follows:
“You shall diligently enquire, and true presentments make,
of all such matters as may be viven you in charge, or come
to your knowledge, touching the present service. You shall
present no person through prejudice or ill-will, nor leave any
unpresented through fear or favor, but in all your present-
ments you shall present the truth, the whole truth, and
nothing but the truth. So help you God.” The other grand
jurors shall afterwards be sworn as follows: “The same oath
t'at your foreman has taken on his part, you and each of
you shall observe and keep on your part. So help you God.”

7. The grand jury, after being sworn, shall be charged by
the judge “of the court, and shall then be sent to their room.

8. The grand jury shall enquire of and present all felonies,
misdemeanors, and violations of penal laws, committed with-
in the jurisdiction of the respective courts ‘wherein they are
sworn; except that no presentment shall be made of a mat-
ter for which there is no corporeal punishment, but only a
fine, where the fine is limited to an amount not exceeding
five dollars. =

How indictments found and presentments made.

9, At least twelve of a regular grand jury, and five of a
special grand jury, must concur in finding or making an
indictment or presentment. They may make a presentment
upon the information of two or more of their own body, and
wken a presentment is so made on the testimony of witnesses
called on by the grand jury, or sent to it by the court, the
names of the gr and jurors giving the information, or of the
witnesses, shall be written at the foot of the presentment.

Indictments ignored, may be sent to another grand jury.

10. Although a bill of indictment be returned not a true
bill, another bill of indictment against the same person, for
the same offence, may be sent to, “and acted on, by the same
or another grand ‘jury. No irregularity in the time or manner
of selecting the jurors, or in the writ of venire facias, or in
the manner of executing the same, shall vitiate any present-
ment, indictment, or finding of a grand jury.

Penalties on officers and jurors for failing to perform duties.

11. A court whose officer shall fail, when it is his duty to
summon a grand jury and return a list of their names, shail
fine him twenty dollars. A person summoned, and failing to
attend a court as a grand juror, shall be fined by said court
not less than five dollars, unless, after being summoned to
show cause against the fine, he give a reasonable excuse for
his failure.

Compensation allowed grand jurors.

12. Every person who shall serve upon a grand jury shall
be entitled to receive one dollar for each day’s service on
such jury, to be paid out of the county or corporation levy.

CHAPTER XVI.

OF PRESENTMENTS, INDICTMENTS, AND INFORMATION, AND PRO-
CESS THEREON.

Form of prosecutions ; when information to be filed.

1. Prosecutions for offences against the commonwealth,
unless otherwise provided, shall be by presentment, indict-
ment, or information.

2. An information may be filed upon a presentment or
indictment by a grand jury, or upon a complaint in writing,
verified by the oath of a competent witness; but no person
shall be put upon trial for any felony, unless en indictment
shall have first been found by a grand jury in a court of
competent jurisdiction. If the accused be in custody, or has
been recognized or summoned to answer such presentment,
indictment, or complaint, no other process shall be neces-
sary; but the court may, in its discretion, issue process to
compell the appearance of the accused.

Cases in which there is a prosecutor; when he is liable for costs.

3. In a prosecution for a misdemeanor, the name of the
prosecutor, if there be one, and the county or corporation of

is residence, shall be written at the foot of the present-
ment, indictment, or information, when it is made, found or
filed ; and for good cause, the court may require a prosecutor
to give security for the costs, and if he fails to do 80, dismiss
the prosecution at his costs.
fe 4. If any proceeding for an offence, had or moved at the
instance of a prosecutor, be dismissed, or the accused dis-
charged from accusation, the court or justice before whom
the proceeding is, may give judgment against the prosecu-
tor in favor of the accused tor his costs.

Certain forms dispensed with in specific prosecutions.

5. In an indictment or accusation of perjury or suborna-
tion of perjury, it shall be sufficient to state the substance of
the offence charged against the accused, and in what court
or by whom the oath was administered which is charged to
have been falsely taken, and to make an averment that such
court or person had competent authority to administer the
same, together with the proper averments to falsify the
matter wherein the perjury is assigned, without setting forth
any part of any record or proceeding at law or equity, or
the commission or authority of court or person before whom
the perjury was committed; but nothing herein shall be con-
strued to allow, without the consent of the accused, a gart
only of any record, proceeding, or writing to be given in
evidence on the trial of such indictment or accusation.

6. In a prosecution against a person accused of embez-
azling, or fraudulently converting to his own use, bullion,
money, bank notes, or other security for money, it sball be
lawful in the same indictment or accusation, to charge, and
thereon to proceed against the accused for any number of
distinct acts of such embezzlements or fraudulent conver-
sions which may have been committed by him within six
months from the first to the last of such acts; and it shall
be sufficient to allege the embezzlement or fraudulent con-
version to be of money, without specifying any particular
money, gold, silver, note, or security; and such allegation,
80 far as it regards the description of the property, shall be
sustained, if the accused be proved to have embezzled any
bullion, money, bank note, or other security for money,
although the particular species be not proved. And in. a
prosecution for the larceny of United States. currency, or
or obtaining United States currency by a. false pretence or
token, or for receiving United States currency, knowing the
same to have been stolen, it shall be sufficient, if the accused
be proved guilty of the larceny of national bank notes or
United States treasury notes, or of obtaining the same by
false pretence or token, or of receiving the same knowing it
to have been stolen, although the particular species be not
proved. .

7. In a prosecution for forging or altering, or attemptin
to employ as true, any forged instrument or other thing, an
in prosecution for any of the offences mentioned in chapter
four of this act, it shall not be necessary to set forth any
copy or fac-simile of such instrument or other thing; but it
shall be sufficient to describe the same in such manner as
would sustain an indictment for stealing such instrument or
other thing, supposing it to be the subject of larceny.

.8. In a prosecution for an offence committed upon or
relating to or affecting real estate, or for stealing, embez-
zling, destroying, injuring, or fraudulently receiving or con-
cealing any personal estate, it shall be sufficient to prove
that, when the offence was committed, the actual or con-
structive possession, or a general or special property, in the
whole or any part of such estate, was in the person or com-
munity alleged in the indictment or other accusation to be
the owner thereof. ,
9. Where an intent to injure, defraud, or cheat is required
to constitute an offence, it shall be sufficient, in an indict-
ment or accusation therefor, to allege generally an intent
to injure, defraud, or cheat, without naming the peason
intended to be injured, defrauded, or cheated; and it shall
be sufficient, and not be deemed a variance, if there appear
to be an intent to injure, defraud, or cheat the United States,
or any state, or any county, corporation, officer, or person.

10. All allegations unnecessary to be proved, may be
omitted in any indictment or other accusation.

What defects in indictments not to vitiate, before or after verdict.

11. No indictment or other accusation shall be quashed or
deemed invalid for omitting to set forth that it is upon the
oaths of the jurors, or upon their oaths and affirmation; or
for the insertion of the words “upon their oath,” instead of
‘‘apon their oaths”; or for not in terms alleging that the
offence was committed “witbin the jurisdiction of the court,”
when the averments show that the case is one of which the
court has jurisdiction; or for the omission or misstatement
of the title, occupation, estate, or degree of the: accused, or
of the name or place of his residence; or for omitting the
words “with force and arms,” or the statement of any’ par.
ticular kind of force and arms; or for omitting‘to state, or
stating imperfectly the time at which the offence was com-
mitted; when time is not the essence of the Offence; or for
failing’ to allege the value of an instrument which ‘caused
déath, or to allege that it was of no value; or for omitting
to charge the offence to be “against the form of the statute
‘or statutes”; or for the omission or insertion of ‘any other
‘words of mere form or surplusage. Nor shall: it' be'abated.
‘for any misnomer of the accused; but'the court May; in Case
‘of a misnomer appearing before or in the course of'a trial,
‘forthwith cause the indictment or accusation to be amended
‘according to the fact. ,

‘12. Judgment in‘any criminal cnse, after: a verdict, shall
‘not bd arrested or reversed upon any exception to the indict.
mnent or other accusation, if the offence be charged ‘thetein
with sufficient certainty for judgment to be: given ‘théreon,
according to the very right of the case.

‘Accused discharged if not tried'in time.

13,’ A person in jail.on a criminal charge ‘shall be’ dis
charged from imprisonment, if a présentment, indictment,
or information be not found or filed against him before the
end of the second term of the court at which he is' held to
‘answer, unless it appear to the court that material witnésses
for the commonwealth have been enticed or kept away, or
are prevented from attendance by sickness or inevitable
accident, and except, also, in the case provided in the fol-
loWing section; and in those cases where sach criminal
charge is one of felony, the second term of the court shall
be construed to mean the second term thereof at which a
grand jury was impanneled; but in all other cases of a
crigninal charge, it shall have no such restricted meaning.

When not indicted by reason of insanity.

14. When a person in jail on a charge of having commit-
ted a criminal offence, appears, from a certifivate of a grand
jury, or otherwise to the satisfaction of the court in which
he is held to answer, to have been insane at the time of
committing the act, and continues to be so insane, the court,
in its discretion, may order him to be sent to one of the
lunatic asylums of the state, or to be delivered to his
friends.

W hat process to issue on presentment, &c.; to whom directed,
and how to be sent, &c.

15. Upon a presentment, indictment, or information of a
felony, for which the partly charged has not been arrested,
the presiding judge or justice shall issue a warrant to any
sheriff, sergeant, or constable, commanding him to arrest
such party, and carry him before a justice of the county or
corporation in which he ought to be tried, and to summon
the witnesses on whose information the presentment, indict-
ment, or information was made, to appear and testify before
the justice. The justice to whom such warrant is returned,
shall proceed in the case as if the warrant had been issued
by himself.

16. Upon all presentments, indictments, or informations,
not provided for in the preceding section, process shall be
awarded by the court in which the same is found or filed, or
by the clerk in vacation. Such process, if it be for a misde-
meanor for which an infamous or corporea: punishment may
be inflicted, may be a capias, or a summons, at the discretion
of the court; in all other cases it shall bein the first instance
a summons, but if a summons be returned executed, or be
returned not found, and the defendant do not appear, the
court may award a capiag.

17. The second section of chapter one hundred and sixty-
six, Code of eighteen hundred and seventy-three, shall apply
to process in criminal, a8 well as in civil cases; and the court
may, in the same case against the same person, award at the
same time, or different times, several writs of summons or
capias directed to officers of different counties or corpora-
tions. An officer having a capias under which the accused
is let to bail, shall give him a certificate of the fact, which
shall protect him against any other capias which may have
been issued for the same offence.
18. The clerk of every court shall forward, by mail, all
process issued for the commonwealth, directed to the officer
of any county or corporation other than his own, and pay
the postage thereon, which, on being duly certified by the
court, shall be paid out of the treasury.

Where process of arrest may be executed.

19. When process of arrest in a criminal prosecution is
issued from a court during its session, either against a party
accused or a witness, the officer to whom it is directed or
delivered may execute it in any part of the state.

To whom person arrested may be delivered.

20. An officer who, under a capias from a court, arrests a
person accused of an offence not bailable, or for which bail
is not given, shall deliver the accused to such court, if sitting,
or to the jailor thereof, who shall receive and imprison him.

When admitted to bait.

21. A person arrested on a capias, to answer or hear judg-
ment on a presentment, indictment, or information for a mis-
demeanor (other than such asis mentioned in the first section
of chapter nine of this act), or on an attachment (other than
an attachment to compel the performance of an order or decree
in chancery), may be admitted to bail by the officer who arrests
him, the said officer taking a recognizance in such sum, not
being less than two hundred dollars, unless by general or
special order of the court a less sum be authorized, as he,
regarding the case and estate of the accused, may deem
sufficient to secure his appearance before the court from
which the process issued at the time required thereby. The
officer shall return the recognizance to said court on or
before the return day of such process. If he fail to make
such return, he shall forteit twenty dollars; and if he take
insufficient bail, he shall be fined at the discretion of a

jury.
When information need not be filed, but a summons to issue.

22. No information need be filed on a presentment of an
offence for which there is no punishment but a fine or for-
feiture, limited to an amount not exceeding twenty dollars;
but a summons to answer such presentment may be issued
against the accused; and if it be served ten days before the
return day thereof, and he do not appear, judgment may be
rendered against him for the penalty. If he appear, the
court may, without a jury, hear and determine the matter,
and give judgment thereon. —
In prosecution for certain offenees against public policy, or
against the tax laes, or for violating police laws ; how pro-
cesS to issue and be proceeded on,

23. On any indictment or presentment (not embraced in
the preceding section), founded on any provision of chapter
nine of this act, or on any provision of chapter thirty-four
of the Code of cighteen hundred and seventy-three, process
shall be issued immediately. If the accused appear and
plead to the charge, the trial shall proceed without delay.
It, being summoned, he fail to appear and plead, the court
may render judgment in the same manner as if be had con-
fessed the charge in court; and if the offence be punishable
by a fine not fixed by law, a jury shall be impanneled to
akSeSN the sume.

Defects of form in presentments, &e., under two preceding sec-
tions. .

24. No exception shall be allowed for any defect or want
of form in any presentment, indictment, or information men-
tioned in either of the two preceding sections, but the court
shall give Judgment thereon, according to the very right of
the case.

Process in certain prosecutions for misdemeanor.

25. In prosecutions for misdemeanors, in cases not embraced
by the twenty-third section, after a summons has been exe-
cuted ten days before the first day of the term of the court,
or if the accused was admitted to bail and make default, the
court may either award a capias, or proceed to trial in the
same manner as if the accused had appeared and pleaded not

guilty.
What shall not work discontinuance of a prosecution.

26. There shall be no discontinuance of any criminal pro-
secution by reason of the failure of the court to award pro-
cess, or to enter a continuance on the record.

When judgment of outlawry rendered, or corrected, &c.; what
judgment in outlawry to be rendered.

27. Judgment of outlawry shall be rendered by the court
of the county or corporation in which the prosecution is, and
may be revived, corrected or reversed, on motion, or by writ
of error coram nobis.

28. When a person is outlawed, the same judgment, exe-
cution ard disabilities shall ensue and be awarded as if he
were convicted of the offence with which he was charged.
Proceedings against corporations failing to appear and plead;
expense of publication, how certified, paid, and taxed in costs.

29. On any indictment, presentment, or information against
a corporation, if a summons be served according to the sev-
enth section of chapter one hundred and sixty-six, Code of
eighteen hundred and seventy-three, and the defendant fail
to appear, the court may proceed to trial and judgment,
without further process, as if the defendant had appeared
and plead not guilty. And where, in any such case, publica-
tion of a copy of the process is required according to the
said section, the expense of such publication may be certi-
fied by the court to the auditor of public accounts, and shall
be paid out of the treasury of the commonwealth; but the
same shall be taxed with other costs, and collected from the
defendant, if judgment be for the commonwealth, and be
paid into the treasury by the officer collecting the same.

CHAPTER XVII.

OF TRIAL AND ITS INCIDENTS.

When and where felony is tried; transfer of cases from county
to circuit courts.

1. The county court, except where otherwise provided,
shall have exclusive original jurisdiction for the trial of all
presentments, indictments, and informations for offences com-
mitted within their respective counties, and also of all pre-
sentments, indictments, and informations now pending gn
said courts; except that a person to be tried for any felony
for which he may be punished with death, may, upon his
arraignment in the county court, demand to be tried in the
circuit court having jurisdiction over the county for which
said county court is held. But no such demand shall be
allowed in a corporation court, in which-capital felonies may
now be tried. Upon such demand, the accused shall be
remanded for trial in the said circuit court, and all the mate-
rial witnesses desired, for the prosecution or defence, shall
be recognized for their attendance at such trial. When a
person is remanded, as aforesaid, by a county court, the clerk
thereof shall certify and transmit to the clerk of the court
in which he is to be tried, a record of the proceedings in said
county court in relation to the prosecution, and copies of the
indictment or other accusation, and of all recognizances and
other papers connected with the case; such copies shall be
used with the same effect as the originals. The clerk of the
court in which the trial is to be had, shall, as soon as may be,
issue a venire facfas, directed to the officer of said court,
requiring him to summon jurors for such trial. When an
indictment is found, or other accusation filed against a per-
son for felony in a court wherein he may be tried, or in a
circuit court, when the indictment and other papers have
been certified and transmitted to the clerk thereof, as bere-
inbefore provided, the accused, if in custody, or if he appear
according to his recognizance, shall, unless good cause be
shown for a continuance, be arraigned and tried at the same
term.

When trial to be; privileges of the accused.

2. A person tried for felony shall be personally present
during the trial. If when arraigned he will not plead or
answer, and do not confess his guilt, the court shall have the
plea of not guilty entered, and the trial shall proceed as if
the accused had put in that plea.

Tow juries summoned ; fine for not attending; court may order
venire at any time for trial.

3. Tho writ of venire facias in a case of felony, other than
where the punishment may be death, sball command the
officer to whom it is directed, to summon sixteen persons of
his county or corporation, to be taken from a list to be fur-
nished him by the judge of his county or corporation,
residing remote from the place where the offence is charged
to have been committed, and qualified in other respects to
serve as jurors, to attend the court wherein the accused is
to be tried, on the first day of the next term thereof, or at
such other time as the court or judge may direct. If more
than two cases are to be tried at one term of the court, only
two juries shall be summoned, unless the court may direct
otherwise; and the juries so summoned may be used for the
trial of all the cases. |

4. In a case where the punishment may be death, the writ
of venire facias shall require the officer to summon twenty-
four persons, in the manner provided in section three of this
chapter; and in any case of felony, where a sufficient num-
ber of jurors for the trial of the case cannot be had from
those summoned and in attendance, the court may direct
another venire facias, and cause to be summoned from the
bystanders, or from a list to be furnished by the court, so
many persons as may be deemed necessary to complete the
jury. If any person summoned under any writ of venire
facias authorized by this chapter, fail to attend as required,
without sufficient excuse, he shall be fined by the court not
less than five nor more than twenty dollars.

5. Any court in which a person accused of felony is to be
pried, may at any time cause a venire facias to issue for his
trial.

Challenges of jurors; how tried.
6. No challenge of a juror shall be allowed the common-

wealth, except for cause; and all challenges shall be tried by
the court in which they are made.
7. A person whose opinions are such as to prevent his con-
victing any one of an offence punishable with death, shall not
be allowed to serve as a juror on a trial for such offence.

How panel completed ; accused has peremptory challenge; jurors,
how paid.

8. In all cases of felony where the punishment cannot be
death, the jury shall consist of twelve persons, summoned as
aforesaid, and free from exception. From the panel sum-
moned, the accused shall have the peremptory right to strike
off four persons. In all cases where the punishment may be
death, there shall be selected from the persons summoned, a
panel of sixteen persons free from exception, and from this
panel the accused may strike four, and the remaining twelve
shall constitute the jury; or if the accused does not strike
them off, twelve of the panel shall be selected by lot, who
shall constitute the jury. All jurors summoned under the
provisions of this chapter, shall receive one dollar for each
day they attend the court as jurors. If the same person
attend as a venireman and as a petit juror on the same day,
he shall only receive one compensation.

When juror summoned from another county; pay of jurors; how
to be paid.

9. In a criminal case in any court, if quatified jurors, not
exempt from serving cannot be conveniently found in the
county or corporation in which the trial is to be, the court
may cause so many as may be necessary of such jurors to be
summoned from any other county or corporation by the
sheriff or sergeant thereof, or by its own officer. Hvery
juror so summoned, shall be paid one dollar for every day he
attends, and the same mileage as a witness in a civil case;
and every juror residing in such county or corporation, and
serving on such jury, shall be paid in like manner one dollar
for cach day he attends on such jury. Such jurors, and
those mentioned in the preceding section, shall be forthwith
paid by the treasurer of the last named county or corpora-
tion, and he shall be repaid out of the treasury of the state
on the order of the court.

Jury kept together to be boarded; new juror in place of one dis-
abled; when jury may be discharged.

10. When, in a criminal case, the jury are kept together
beyond the day on which they are impanueled, the court
shall direct its officer to furnish them with suitable board
and lodging while so confined. The expenses thereof, not
exceeding the rate of one doilar per entire day for each
juror, shall be paid out of the treasury when allowed by the
court; but where the punishment cannot be death or con-
finement in the penitentiary ten years, the jury shall not
be kept together, but shall be treated as jurors in civil cases,
unless the court direct otherwise.

11. If a juror, after he is sworn, be unable from any cause
to perform his duty, the court may, in its discretion, cause
Another qualified juror to be sworn in his place; and in any
criminal case, the court may discharge the jury, when it
appears they cannot agree in a verdict, or that there is a
manifest necessity for such discharge.

Several indicted jointly; how tried.

12. Where several persons are jointly charged and held to
be tried for felony, the clerk by whom a venire facias is re-
quired to be issued, shall issue a writ for a single venire for
the trial of all of them.

13. Persons indicted for felony, who elect to be tried
jointly, shall be allowed to strike from the pannel not more
than four thereof; but should the accused not agree as to
the jurors to be stricken from the pannel, the four jurors
to be stricken off shall be ascertained by lot.

When they elect to be tried separately; insane persons.

14. If person indicted jointly for felony, elect to be tried
separately, the venire summoned for their trial may be used
for him who is first tried, and the court shall award a several
venire facias for the triul of each of the others.

15. No person shall, while he is insane, be tried for a
criminal offence.

Proceedings as to persons alleged or found to be insane.

16. If a court in which a person is held for trial, see rea-
sonable ground to doubt his sanity at the time at which, but
for such doubt, he would be tried, it shall suspend the trial
until a jury enquires into the fact as to such sanity. Such
jury shall be impaneled at its bar. If the jury find the
accused to be sane at the time of their verdict, they shall
make no other enquiry, and the trial-in-chief shall proceed.
If they find that he is insane, they shall enquire whether or
no he was so at the time of the alleged offence. If they find
that he was so at that time, the court may dismiss the prose-
cution, and either discharge him, or, to prevent his doing
mischief, remand him to jail, and order him to be removed
thence to one of the lunatic asylums of this state. If they
find that he was not so at that time, the court shall commit
him to jail, or order him to be confined in one of the said
asylums until he is so restored that he can be put upon his
trial.

17. If, after conviction and before sentence of any person,
the court see reasonable ground to doubt his sanity, it may
impanel a jury to enquire into the fact as to his sanity, and
sentence him, or commit him to jail or to a lunatic asylum,
according as the jury may find bim to be insane or sane.

18. When the board of directors of the lunatic asyluntf
shall give notice to the clerk of the court, in pursuance of
the thirty-second section of chapter eighty-two of the Code
of eighteen hundred and seventy-three, such clerk shall issue
a precept to the officer of said court, requiring him to bring
the said prisoner from the asylum and commit him to jail.

19. When a prisoner is brought from the asylum and com-
mitted to jail, or when it is found by the verdict of anotber
jury that a prisoner, whose trial or sentence was suspended
by reason of his being found to be insane, has been restored,
if convicted, he shall be sentenced; and if not, the court
shall proceed to.try him as if no delay bad occurred on
account of his insanity.

20. When a person tried for an offence is acquitted by the
jury by reason of his being insane, the verdict shall state the
fact; and thereupon the court may, if it deems him danger-
ous, order him to be committed to jail until he can be sent
to one of the said asylums.

_ How venue may be changed ; proceedings thereon.

21. A circuit court may, on the motion either of the ac-
cused or of the attorney for the commonwealth, or without
such motion, for good cause, order the venue for thé trial of
a criminal case in such court to be changed to some other
circuit:court; and the court of a county or corporation may
in like manner order the venue to be changed to another
county or corporation.

22. When the venue is so changed, the court making the

order may admit the accused to bail, and sball recognize the
witnesses and the accused (if admitted to bail, and the bail
be given) to appear on some certain day before the court
to which the case is removed; if the accused be not admit-
ted to bail, or the bail required be not given, the court shall
romand him to its own jail, and order its officer to remove
him thence to the jail of the court to which the case is re-
moved, so that he shall be there before the day for the ap-
pearance of the witnesses.
_ 23. The clerk of the court which orders a change of venue,
shall certify copies of the recognizancesg aforesaid, and of the
record of the case, to the clerk of the court to which the
case is removed, who shall thereupon issue a venire facias,
directed to the officer of such court; and such court shall
proceed with the case as if the prosecution had been origi-
nally therein; and for that purpose the certified copies afore-
said shall be sufficient.
When judge cannot sit on trial; proceedings thereupon.

24. When the judge of a circuit, ecunty or corporation
court, in which a prosecution is pending, is connected with
the accused or party injured, or so situated in respect to the
case as in his opinion to render it unfit that he should pre-
side at the trial, he may enter the fact on the record; and
thereupon, the judge may change the venue as hereinbefore
provided, or may procure the judge of another circuit,
county, or corporation to try the case.

When jury may find accused guilty of less offence than charged.

25. If a person indicted of feiony be by the jury acquitted
of part and convicted of part of the offence charged, he sball
be sentenced for such part as he is so convicted of, if the
sume be substantially charged in the indictment, whether it
be felony or misdemeanor; but, if a verdict be set aside on
motion of the accused, and a new trial awarded, on such new
trial the accused shall be tried, and such verdict may be
found and sentence pronounced as if a former verdict bad
not been found.

What jury to find on indictment for murder; Uf guilt confessed,
duty of court.

26. If a person indicted of murder be found by the jury
vuilty thereof, they sball in their verdict find whether he is
vuilly of murder in the first or second degree. If the
accused confess the indictment to be true, the court shall
examine the witnesses and determine the degrce of the crime,
and give sentence accordingly.

In what cases jury may find accused guilty of offences of infe-
rior degree to that charged; effect thereof and proceedings
thereon.

27. On an indictment for felonious homicide, the jury may
find the accused not guilty of the felony, but guilty of invol-
untary manslaughter. And on any indictment for malici-
ously shooting, stabbing, cutting, or wounding a person, or
by any means causing him bodily injury, with intent to kill
him, the jury may find the accused not guilty of the offence
charged, but guilty of maliciously doing such act with intent
to maim, disfigure, or disable, or of unlawfully doing it, with
intent to maim, disfigure, disable, or kill such person.

28. In a prosecution for grand larceny, if it be found that
the thing stolen is of less value than fifty dollars, the jury
may find the accused guilty of petit larceny; and in a prose-
cution for petit larceny, though the thing stolen be of the
value of fifty dollars or more,-the jury may find the accused
guilty; and in either case he shall be sentenced for petit
larceny.

29. On an indictment for felony, the jury may find the
accused not guilty of the felony, but guilty of an attempt to
commit such felony; and a general verdict of not guilty
upon such indictment, shall be a bar to a subsequent prose-
cution for an attempt to commit such felony.

When one count good and others faulty.

30. When there are several counts in an indictment or
information, and a general verdict of guilty is found, judg-
ment shall be entered against the accused, if any count be
good, though others be faulty; but on the trial, the court,
on the motion of the accused, may instruct the jury to dis-
regard any count that is faulty.

When jury agree as to some and disagree as to others.

31. When two or more persons are charged and _ tried
jointly, the jury may render a verdict as to any of them as
to whom they agree. Whereupon judgment shall be entered
according to the verdict; and as to the others, the case shall
be tried by another jury.

Within what time charge of felony must be tried.

32. Every person against whom an indictment is found
charging a felony, and held in any court for trial, shall be
forever discharged from prosecution for the offence, if there
be three regular terms of the circuit, or four of the county,
corporation, or hustings courts in which the case is pending,
after he is so held without a trial, unless the failure to try
him was caused by his insanity, or by the witnesses for the
commonwealth being enticed or kept away, or prevented
from attending by sickness or inevitable accident; or by a
continuance granted on the motion of the accused; or by
reason of his escaping from jail or failing to appear accord-
ing to his recognizance; or of the inability of the jury to
agree in their verdict.

CHAPTER XVIII.
OF EXCEPTIONS, WRITS OF ERROR, AND EXECUTION OF JUDGMENT.

Bills of exception and writs of error, how awarded ; execution of
judgment suspended.

1. A party in a criminal case, or proceeding for contempt,
for whom a writ of error lies to a higher court, may except
to an opinion of the court and tender a bill of exceptions,
which (if the truth of the case be fairly stated therein) the
Judge, judges, or justices, or the greater part of those pres-
ent, shall sign; and it shall be a part of the record of the
case.

2. If a person, sentenced by a circuit, or corporation, or
hustings court, to death or confinement in the penitentiary,
ask for time to apply for a writ of error, the said court shall
postpone the execution of its sentence until a reasonable
time beyond the first day of the next term of the court of
appeals, not exceeding thirty days after that day; and a
county court shall in like manner suspend its judgment for
the same purpose. In any other criminal case, wherein
Judgment is given by any court, and in any case of judgment
fur a contempt, to which a writ of error lies, the court
giving such judgment may postpone the execution thereof
for such time and on such terms as it deems proper.

3. A writ of error sball lie, in a criminal case, to the judg-
ment of a circuit or a corporation or bustings court from the
court of appeals; and to a judyment of a county court from
the circuit court having jurisdiction over such county. It
shall lie in any such case for the accused; and if the case be
for violation of a law relating to the revenue, it shall lie also
for the commonwealth. The petition for a writ of error
from the judgment of the county court may be presented to
a judge of the circuit in term or vacation, and if allowed
and not disposed of in vacation, shall be docketed in the cir-
cuit court having jurisdiction over such county. The judge
of the said circuit court shall have power, in his discretion,
in any case in which a writ of error may be allowed by him,
to decide the same in vacation, so far as to grant the accused
a new trial, either, where, upon the record, he has no doubt
as to the right of the accused to sach new trial, or where,
having doubt, he shall, after hearing argument by the attor-
ney for the commonwealth and counsel for the accused, be
of opinion that the accused is entitled thereto. In either
case he shall certify his order granting such new trial to the
clerk of the circuit court having jurisdiction over said county,
who shall enter the same on the record book of said court,
and to the clerk of the county court in which the accused is
to be tried; and a new trial shall be had in such county
court if the same manner as if the new trial bad been
granted at a regular or special term of the circuit court;
but if the writ of error be refused, the petition may be pre-
sented to the supreme court of eppeals, or a judge thereof,
and, if allowed, shall be docketed and heard in said court.

4. To a judgment for a contempt of court, other than for
the non-performance of, or disobedience to a judgment, de-
cree, or order, a writ of error shall lie, when the judgment is
of a county court, from the circuit court having jurisdiction
over such county; when it is of a circuit, or a corporation or
hustings court, from the court of appeals.
5. When in any case within this chapter, a writ of error
lies from a circuit court, it may, in vacation of such court,
be awarded by any circuit judge; and when it lies from the
court of appeals, it may, in vacation of said court, be awarded
by any judge thereof.

When writ of error operates as a supersedeas.

6. A writ of error awarded under this chapter to any judg-
ment, may operate as a supersedeas thereto if the court or
judge awarding it, so direct, on such terms and conditions as
the said court or judge may prescribe.

Judgment on the writ of error.

7. The court from which a writ of error lies, shall affirm
the judgment, if there be no error therein, and reverse the
same in whole or in part, if erroneous, and enter such judg-
ment as the court, whose error is sought to be corrected,
ought to have entered, orremand the cause and direct a new
trial, affirming in those cases where the voices on both sides
are equal.

Execution of sentence of death; how certified; when execution to
be private; who may be present.

8. Sentence of death, except for insurrection or rebellion,
shall not be executed sooner than thirty days after the sen-
tence is pronounced.

9. The clerk of the court pronouncing such sentence, shall
as soon as may be after the sentence, deliver a certified copy
thereof to the officer of said court, who shall cause the sen-
tence to be executed. Under such sentence, death shall be
inflicted by hanging the convict by the neck until he is dead.

10. Whenever sentence of death is to be executed, if the
convict under such sentence be in jail, around or adjoining
which there is a yard of sufficient size, enclosed by a wall,
such sentence shall be executed within such enclosed yard,
unless the court by which such sentence was pronounced
direct otherwise. At the execution there shall be present,
besides the officers of said court, such other officers and such
guard and assistants as the officer executing the sentence
shall see fit. He shall request the presence of the attorney
for the commonwealth in said court, the clerk thereof, and
twelve respectable citizens, including a physician or surgeon ;
and he shall permit the presence of the counsel of the con-
vict, and such ministers of the gospel as he shall desire, and
such of the convicts relations as the officer shall deem
prudent.

11. The officer executing a sentence of death shall certify
the fact to the clerk of the court, who shall file the certifi-
cate with the papers in the case.
Sentence of confinement in penitentiary; record to be certified.

12. very person sentenced by a court to confinement in
the penitentiary, shail, as soon as may be, be delivered at the
penitentiary by the officer of such court. If he fail to make
such delivery within a reasonable time, he shall forfeit one
hundred doliaws, It shall be lawful for the auditor of public
accounts to allow officers conveying persons to the jail or
penitentiary, the neccessary expenses of the prisoner or con-
vict.

13. The clerk of the court in which a person is sentenced
to the penitentiary, shall forthwith transmit to the superin-
tendent a full copy of the record of the trial and conviction.
If be fail so to do, he shall forfeit one huadred dollars.

ftules as to employment of guards.

14. The officer who is required to carry a prisoner to the
penitentiary, or to any other place, may, if he deem it neces-
sary for his safe conveyance from the starting point to any
railroad or line of boats en route to the point of destination,
summon one person as a guard for each prisoner to such rail-
road or boat line; after which the said officer shail have no
guard, unless there be more than two prisoners, and then
but one guard; and shall convey the prisoners, well secured,
to the prison or place of destination, except as follows.

15. When the court, judge, or justices by whose judgment
or order a prisoner is to be removed, shall think a stronger
guard necessary, and order it, as many persons as may be s0
ordered, shall be summoned by the ofticer.

16. If, on the way to the penitentiary or other place, in
consequence of an attempt to rescue the prisoner, made or
reasonably apprehended, or in consequence of any other un-
forseen danger, the officer is satisfied that a stronger guard
than was before summoned is necessary, he may summon
such additional guard as is necessary.

Officer and guard privileged from arrest.

17. During the time employed in conveying a prisoner to
the penitentiary or other place, and returning therefrom,
which shall be estimated at one day for every twenty miles,
the officer and guurd sha!l be privileged from arrest except
for felony or breach of the peace.

How sentence of imprisonment, until fine is paid, is executed.

18. If a person who is sentenced to be confined in jail a
certain term, and afterwards, until he pay a fine and the
costs of prosecution, fail to pay such fine and costs before the
end of said term, he shall continue in confinement until the
same be paid, or his discharge be ordered by the court; but
the additional confinement shall in no case exceed six months
from the end of said term.

With consent of prisuner, sheriff of the county or sergeant of the
corporation may hire him out to pay fine and costs; how hired.

19, If any person is confined in jail under the preceding
section, or under a capias pro fine, it shall be lawful for the
sheriff of the county, or sergeant of the corporation, with the
assent in writing of the prisoner, to hire such prisoner for
such length of time, not exceeding six months, as may be
agreed on, to any person who will agree to pay the whole
fine and costs for six months’ service; with the assent of the
county judge, the hiring may be for a less sum. The con-
tract shall be returned to the clerk’s office of the county
court, and if the prisoner refuses to comply with the con-
tract, on affidavit of the hirer, a capias pro fine may issue,
and the prisoner be remanded to jail.

How persons released who are imprisoned for fine.

20. Whenever a porson isin jail under a capias pro fine,
issued from any court of this commonwealth, on application
to the court from the clerk’s office of which such execution
issued, or to the judge of such court in vacation, such court,
or the judge in vacation, as the case may be if to such court
or judge it shall appear proper, may order the person so in
jail to be released from imprisonment without the payment
of the money mentioned in such execution: provided, how-
ever, that in all such applications the attorney for the com-
monwealth of the court from which the execution issued,
shall bave ten days’ notice of such application.

21. Whenever any court of this commonwealth shall have
directed any person, convicted of a misdemeanor, to be con-
fined in jail until the fine imposed upon such person, or until
the costs of the prosecution shall have been paid, the person
so confined may be released in the manner provided for in
the preceding section: provided further, that nothing in this
chapter shall prevent the issue of a fieri facias after such
release from jail.

Capias to hear judgment in misdemeanors not necessary.

22. No capias to hear judgment shall be necessary in any
prosecution for a misdemeanor, but the court may proceed
to judgment in the absence of the accused; and if such
judgment requires an infamous or corporeal punishment, the
court may make such order as may be necessary for the
arrest of the person against whom such judgment is, and
for the execution of the judgment. The proceedings upon
such order shall conform, as nearly as may be, to those upon
acapias to hear judgment, and all officers charged with its
execution shall have the same powers and duties, and be
subject to the same responsibilities, as provided by law in
the case of a capias to hear judgment.

CHAPTER XTX.
OF TAXATION AND ALLOWANCE OF COSTS.
Allowance for guard of a jail; how made and paid.

1. When ordered by the court to do so, or it 1s in his own
opinion necessary for the safe-keeping of a prisoner under
charge of, or sentence for crime, the jailor shall summon a
suflicient guard, and the circuit court of the county or cor-
poration in which the jail is, may allow therefor so much as
it deems proper, not exceeding one dollar per day for each
man.

2. The said cirenit court, before certifying any allowance,
shall enquire into the condition of the jail; if it appear that
a guard was necessary, because of the insecurity of the jail,
it shall order the allowance to be certified to the county or
corporation court, and it shall be chargeable to such county
or town; but if otherwise, and the guard was necessary, the
allowance shall be certified for payment out of the treasury.

Allowance for physician or analytical chemist, and clothing for
prisoner, and pay, &c., of witnesses.

3. A court may appoint a physician to attend prisoners in
its jail, and make him a reasonable allowance, not exceeding
seventy-five cents per day for each day he attends a patient.
When he attends more than one patient a day, there may be
allowed fifty cents per day for each additional patient. A
court may make an allowance not to exceed the sum of
twenty-five dollars, as compensation to any physician or
analytical chemist, for making an analysis to discover poison
in any criminal case. It may also, when a person in its jail
charged with or convicted of an offence, is unable to provide
himself with sufficient clothing, direct the jailor to provide
him clothing, and allow therefor not exceeding ten dollars
in one year. Whenever practicable, the clothing shall be
purchased from the penitentiary storekeeper, who shall fur-
nish the same at prime cost, upon the affidavit of the jailor,
that the clothing so obtained is for prisoners in his keeping;
and before any accounts for clothing shall be allowed to any
jailor or other officer, he shall make affidavit that the price
charged is not in excess of the amount actually paid for
such clothing, and if not obtained from the penitentiary
storekeeper why he could not have so obtained it. Allow-
ances under this section, on being certified by such court,
shall be paid out of the treasury, except where clothing be
obtained for prisoners worked in the chain-gang of any
county, city, or town, such clothing shall be paid for out of
the treasury of such county, city, or town.

4. I'he forty-first, forty second, and forty-third sections of
chapter one hundred and seventy-two, Code of eighteen
hundred and seventy-three, shall apply to a person attending
as a witness, under a recognizance or summons in a Criminal
case, as well as to a person attending under a summons in a
civil case, except, that in a criminal case, a witness who
travels over fifty miles to the place of attendance, shall have
for each day’s attendance one dollar, instead of fifty cents;
and a person residing out of this state, who attends a court
therein as a witness, shall be allowed by said court a proper
compensation for attendance and travel to and from the
place of his abode, the amount of the same to be fixed by
the said court. :

When prosecutor to pay witnesses; when treasury to pay.

5. The sum to which a witness is entitled who attends for
the commonwealth, and any other legal charges incurred in
a case wherein there is a prosecutor, shall be paid by such
prosecutor as if he were plaintiff in the case, unless there
be a judgment against the defendant; in which case the same
shall be taxed in the costs, and paid to the persons entitled
thereto, by the sheriff or officer who may receive the same.

6. Payment shall not be made out of the treasury to a
witness attending for the commonwealth, in any prosecution
for a misdemeanor, unless it appears that the sum to which
the witness is entitled, cannot be obtained, (if it be a case
wherein there is a prosecutor, and the defendant is convic-
ted,) by reason of insolvency of the defendant, or if it be a
case in which there is no prosecutor, by reason of the acquit.
tal or insolvency of the defendant, or other cause.

Compensation to sheriff in certain cases.

7. A sheriff or other officer, for traveling out of his county
or corporation to execute process in a criminal case, and
doing any act in the service thereof, for which no other com.
pensation is provided, shall receive therefor, out of the treas-
ury, such compensation as the court from which the proces:
issued may certify to be reasonable. When in a crimina
case an officer renders any other service, for which no spe
cific compensation is provided, the court in which such cass
may be, may allow therefor what it deems reasonable, anc
such allowance shall be paid out of the treasury. This sec
tion shall not prevent any payment under the nineteentl
section of chapter forty-three, of the Code of eighteen hun
dred and seventy-three, which could have been made if thi:
section had not been enacted.
8. The certificate required by the thirtieth and thirty-
first sections of chapter one hundred and eighty of the Code
of cizhteen hundred and seventy-three, shall, when the pay-
ment is to be to a clerk, be from the court whereof he is
clerk; and when it is to be to a sheriff or other officer, be from
the court in which the prosecution is, or to which a justice
shall certify, as hereinafter mentioned. Any other expense
incident to a proceeding in a criminal case which is payable
out of the treasury otherwise than under the preceding sec-
tion, or under the nineteenth section of chapter forty-three,
of the Code of eighteen hundred and seventy-three, shall be
certified by such last-mentioned court, where it is not other-

-wise provided. With the certificate of allowance, there shall
be transmitted to the auditor of public accounts the vouchers
on which it is made.

9. The entry of such certificate of allowance shall state
how much thereof is on account of each person prosecuted.

Whole cost of prosecution certified, and execution issued therefor.

10. A justice before whom there is any proceeding in a
criminal case, shall certify to the clerk of the court of his
county or corporation; and a judge or court before whom
there is, in a criminal case, any proceeding preliminary to
conviction in another court, upon receiving information of
the conviction from the clerk of the court wherein it is,
shall certify to such clerk all the expenses incident to such
proceedings which are payable out of the treasury.

11. In every criminal case, the clerk of the court in which
the accused is convicted, or, if the conviction be before a
justice, the clerk to which the justice certifies as aforesaid,
shall, as soon as may be, make up a statement of all the
expenses incident to the prosecution, including such as are
certified under the preceding section, and execution for the
amount of such expenses shall be issued and proceeded with;
and chapter forty-one, of the Code of eighteen hundred and
seventy-three, shall apply thereto in like manner as if, on
the day of completing said statement, there was a judgment
in such court in favor of the commonwealth against the
accused for the said amount as a fine.

Claims not presented in due time disallowed.

12. If, by reason of the failure of a person to present his
claim in due time. a sum be not included in such execution
Fees of attorney for commonwealth; when not paid out of trea-
sury; no judgment for costs against the commonwealth.

13. No fee to any attorney for the commonwealth shall be
payable out of the treasury, unless it be expressly provided ;
and in no case shall there be judgment for costs against the
commonwealth.

CHAPTER XX.
GENERAL PROVISIONS AS TO PROCEEDINGS IN ORIMINAL CASES.

Proceedings against Indians; summons for a witness; how com-
pelled to attend.

1. In a criminal case against an Indian, or a person of
Indian descent, the proceedings shall be as against a white
person.

2. In a criminal case, a summons for a witness may be
issued by the attorney for the commonwealth. The twenty-
sixth, twenty-seventh, twenty-eighth, twenty-ninth, and
thirtieth sections of chapter one hindred and seventy-two
of the Code of eighteen hundred and seventy-three, shall in
all other respects apply to a criminal as well as a civil case,
except that a witness in a criminal case shall be obliged to
attend, and may be proceeded against for failing so to do,
although there may not previously have been any payment,
or tender to him of anything for attendance, mileage, or
tolls.

Recognizances; when and how taken; their condition.

3. A court or judge, letting any person to bail, shall
require recognizance to be given.

4, Recognizances in criminal cases shall be payable to the
commonwealth of Virginia. Every recognizance, under any
of chapters eleven, twelve, thirteen, fourteen, fifteen, sixteen,
seventeen, eighteen, nineteen, and twenty of this act, shall
be in such sum as the court or officer requiring it may direct.
If it be to answer for a misdemeanor, or if required of a
witness, it shall be with or without surety, as the court or
officer may direct; but in all other cases, shall be with surety
deemed sufficient by the court or officer taking it. The con-
dition, when it is taken of a person charged with a criminal
offence, shall be, that he appear before the court, judge, or
justice before whom the proceeding on such charge will be,
at such time as may be prescribed by the court or offiver
taking it, to answer for the offence with which such person
is charged; and when it is taken of a witness in a case
against any such person, shall be, that he so appear to give
evidence on such charge; and in either case, shall be that
the person or witness shall not depart thence without the
leave of said court, judge, or justice; when taken for any
Other purpose than to appear so to answer or give evidence,
it shall be with condition that the person of whom it is
taken, shall keep the peace and be of good behavior for such
time, not exceeding one year, as the court or officer requiring
it may direct; and if such court or officer direct, it may,
when taken of a person so charged, be with condition for so
keeping the peace and being of good behavior, ia addition
to the other conditions of his recognizance.

Recognizance for insane person or one under disability.

5. A recognizance which would be taken of a person but
for his or her being insane, or a married woman, or minor,
may be taken of another person, and without further surety,
if puch other persor be deemed sufficient.

Person failing to give recognizance to be committed to jail.

6. A person not giving, and for whom no other person
gives a recognizance required, shall be committed to jail.

e shall be discharged therefrom when such recognizance is
given before the court or a conservator of the peace; or if
it be to appear aud give evidence, when such evidence is
given; or if it be to keep the peace and be of good behavior,
when the period for which it was required bas elapsed; or
in any case when the discharge of such person is directed
by the court in whose jail he is. |

fecognizances taken out of court; where to be sent.

7. A person taking a recognizance out of court, shall forth-
with transmit it to the clerk of the court for appearance
before which it is taken; or if it be not for appearance before
a court, to the clerk of ‘the county or corporation in which
it 18 taken, and it shall remain filed in the clerk’s office.

When default recorded; process thereupon; surety discharged on
payment into court.

8. When a person under recognizance in @ criminal case,
either as party or witness, fails to perform the condition
thereof, if it be to appear before a court, his default shall be
recorded therein. The process on every recognizance shall
be issued from the court before which the appearance was to
be; or, if it be not for such appearance, from a court in which
it is taken, or (when taken out of court) in whose office
the recognizance remains filed; and in a proceeding in one
court on a recognizance entered in another, a copy thereof
shall be evidence in like manner as the original would have
been if entered in the court wherein the proceeding is.
9. A surety in a recognizance may, after default, pay into
the court from which the process has issued, or may issue
thereon, the amount for which he is bound, with such costs
as the court may direct, and be thereupon discharged.

How penalty is remitted.

10. When, in an action or scire facias on a recognizance,
the penalty is adjudged to be forfeited, the court may, on
an application of a defendant, and with the consent of the
attorney prosecuting, remit the penalty, or any part of it,
and render judgment on such terms and conditions as it
deems reasonable.

Action or recognizance not defeated for defect of form.

11. No action or judgment on a recognizance shall be
defeated or arrested by reason of any defect in the form of
the recognizance, if it appear to have been taken by a court
or officer authorized to take it, and be substantially sufficient.

Surety may surrender principal; proceedings thereon.

12. A surety in a recognizance may at any time take his
principal and surrender him to the court or judge before
whom the recognizance was taken; or if it was taken by a
court which is not in session, or by a justice, to a judge or
justice of said court, or a justice of the county or corpora-
tion in which it was taken; whereupon said surety shall be
discharged from liability for any act of the principal subse-
quent thereto.

13. If the surrender be before a judge or justice, he shall
give the surety a certificate thereof, and the accused be let
to bail anew for the residue of the term, or to appear as
before required, and on failure so to recognize, shall be com-
mitted to jail as in other cases of failure to give bail. If the
surrender be to court, it shall take such order as it deems
proper.

As to fines on jurors, witnesses, and others; they must be present
or have been served with a rule.

14. The name of any person summoned by an officer, and
failing to attend as a juror upon an inquest out of court,
shall be returned by such officer to the next term of the
court from which the process issued requiring such jury; or,
if there be no such process, to the next term of the court of
such officer’s county or corporation. Such court shall fine
such person, unless he have a reasonable excuse for his fail-
ure, not less than two nor more than twenty dollars.

15. No court shaJl impose a fine upon a juror, witness, or
other person, for disobedience of its process or any contempt,
unless he either be present in court at the time, or shall have
been served with a rule of the court, returnable to a certain
time, requiring him to show cause why the fine should not
be imposed, and shall have failed to appear and show cause.

CHAPTER XXI.

OF THE ORGANIZATION, GOVERNMENT, AND DISCIPLINE OF THE
PENITENTIARY.

Property attached to the penitentiary; in whose custody; au-
thority to employ prisoners out of enclosure.

1. The lot of twelve acres and fourteen square rods of
land on which the penitentiary is situated, and the lot num-
bered seven hundred and twenty-nine, being one-fourth of a
square in the city of Richmond, between the southwest end
of First street and the eastern boundary of the land afore-
said, and the square of land between Cary and Main and
Jefferson and Madison streets, containing the penitentiary
spring, with the pipes and fixtures for conveying water to
that institution, shall be and remain the property uf the
commonwealth for the use of the said penitentiary. The
superintendent shall bave the control and custody of the
property of the penitentiary, real, personal, and mixed,
(which has not been delivered to the general agent or to his
account,) and he shall, in the name of the commonwealth,
have authority to institute and prosecute any suit, prosecu-
cution or proceeding for the recovery of any such property
or its value, or for any injury thereto, which may be proper
to protect the rights of the state. He shall have authority
to employ the prisoners in improving and cultivating any
part of the lands aforesaid, or in repairing the water pipes
and fixtures, or the roads from the penitentiary to proper
points of intersection with the streets, or in taking out or
bringing into the enclosure any necessary thing to or from
the said city, or the James river canal.

Penitentiary to be for confinement of convicts; United States
prisoners may be confined there; terms; legislative committee
to examine it.

2. The public jail and penitentiary house shall continue
under the name of the penitentiary, to be appropriated toe
the confinement of convicts sentenced according to law to
confinement therein by the courts of this commonwealth.
Persons sentenced to imprisonment by a court of the United
States, held in Virginia, for a term of three years or more,
may also be confined therein, with the approbation of the
superintendent and governor, (which approbation shall be
recorded in the entry made upon such convict’s admission),
and be safely kept and employed, pursuant to the rules of
the prison, so far as is not inconsistent with such sentence,
until discharged by due course of the laws of the United
States: provided that before any other such prisoner shall
be received in said penitentiary, the United States shall pay
the sums now due, or which shall be due, for the confine-
ment and support of their prisoners; and in the future, pay
half-yearly, at the rate of thirty cents per day for the im-
prisonment and support of every such prisoner, now impris-
oned, (or hereafter so imprisoned), with proper medical
charges. /

3. Annually, its condition shall be examined and reported
on by a joint committee of the general assembly.

Governor to prescribe rules to be posted in prison.

4. The governor may, from time to time, prescribe rules,
not contrary to law, for the preservation of the property at,
and the health of the convicts in the penitentiary, and the
government of the interior thereof. Printed copies of such
of the said rules as may relate to the government and pun-
ishment of the convicts, and of any provisions of law which
the governor may direct, shall be posted up in at least six
conspicuous places of the interior.

Record of conviction and register to be kept.

5. The clerk of the penitentiary shall file and preserve the
record of the trial and conviction of each convict, and keep
® register describing him, the term of his confinement, for
what offence, and when received into the institution.

Committee of convict’s estate; when and how appointed; his
duties and liabilities.

6. When a person, other than a married woman, is sen-
tenced to confinement in the penitentiary for more than one
year, the estate of such convict, if he may have any, both
real and personal, shall, on the motion of any party inter-
ested, be committed by the court of the county or corpora-
tion in which his estate, or some part thereof may be, to a
person selected by the court, who, after giving bond before
the said court, in such penalty as it may prescribe, shall
have charge of said estate until such convict is discharged
from confinement.

7. Such committee may sue and be sued in respect to debts
due to or by such convict, and any other of the convict’s
estate, and shall have the privilege of an administrator, as
to toe right of retaining for his own debt.

8. He shall allow (subject to the claims of creditors) a
sufficient maintenance out of the convict’s estate, for his
wife and frmily, if any; the wife to be entitled, so long as
he is confined, to the profits of such portion of his estate as
she would have if he had died intestate.

9. The committee shall render accounts of bis trust, and
may be made to account therefor; shall be entitled to com-

ensation for bis services, and may forfeit bis right, thereto,
in the same manner as if he were an administrator or
guardian.

10. Every such committee shall deliver such estate, as he
may be liable for at that time, to the convict on his dis-
charge, or to his real and personal representative on his
death, before being discharged.

11. If the person so appointed, refuse the trust, or fail to
give bond as aforesaid, the court, on Hke motion, shall com-
mit the ostate to the sheriff of the county, or sergeant of
the corporation, who shall be the committee, and he and the
sureties in his official bond, bound for the faithful perform-
ance of the trust. :

12. ‘The real estate of such convict may be sold, when
necessary, for the payment of his debts, in the sume man-
ner, a8 the real estate of an insane person in the hands of a
committee.

Treatment of convicts.

13. Every convict, when first brought to the penitentiary,
shall be washed, cleaned, and kept in a separate lodging,
until the surgeon certifies he is fit to be put among the other
prisoners; and the clothes he wore shall either be destroyed,
or purified and preserved until he is discharged, and then
returned to him.

14. Before any male prisoner shall be permitted to labor
in the shops, or elsewhere out of his room, he shall make
and subscribe such promise of obedience and fidelity to the
rules and orders of the institution, as shall be prescribed by
the governor. And it shall bo the duty of the superinten-
dent, as far as practicable, to provide suitable employment
in separate rooms for the refractory and obstinate, and for
those of disordered mind, or who, for any cause, are unfit to
be congregated in the shops. |

15. The male and female convicts shall be kept separate
from each other, and the males shall have their heads and
beards close shaven or sheared once a fortnight, or oftener if
need be. Every convict shall be clothed at public expense,
in a distinctive uniform for each sex, made of coarse mate-
rials.

16. The convicts shall be kept to the hardest labor suitable
to their sex and fitness,.and such of them as need it, instructed
in some mechanic art.

17. Social intercourse, conversation, and acquaintance be-
tween the convicts, shall be prevented as far as may be, and
silence constantly observed by them, as far as possible.

18. The convicts shall be fed on bread of Indian meal, or
other coarse bread, and have one meal a day of coarse meat.
The board of directors may change or regulate the dict for
good cause.

Superintendent authorized to change diet; of whitewashing and
cleaning the apartments; hours for work; rules for admission
of visitors.

19. The superintendent may, when he may deem it neces-
sary, and shall, when the surgeon shall so advise, change the
diet, and adapt it to the health or condition of the prisoners,
or any of them, or he may allow ‘extra diet to those who
need it. He shall cause the hospital and all the cells and
rooms of the prison to be whitewashed (by prisoners quali-
fied for the business) twice a year, or oftener, and the floors
to be washed as often only as may be necessary for health
and comfort. The board of directors shall prescribe, by
rules and regulations, the hours within which the prisoners
shall be employed at the respective branches of business
carried on in the institution, and the time they shall labor
in each day, and also the times and conditions upon which
persons may visit the interior of the penitentiary.

Privileges for the sick; hospital steward; surgeon to have con-
trol of hospital department.

20. The superintendent may, or shall, when the surgeon
80 recommends, allow them at stated times to walk for the
benefit of their health, in the yard, but in the presence or
view of the superintendent or an assistant. The superinten-
dent shall, on the application of the surgeon, detail from
amone the convicts one man to act as hospital steward. The
surgeon shall have control of the hospital department, and
shall have the right to adopt and enforce such sanitary
regulations as he may deem necessary, and the board of
directors shall approve.

What kind of work convicts may be required to do; power to hire
them out; regulations.

21. He shall, at the discretion and under the direction of
the governor, employ them at Richmond, or within twenty
miles thereof, in improving, repairing, or working on the
public building, grounds, and property, or in executing work
under contract with individuals or companies, or in cultiva-
ting rented grounds for the use of the penitentiary.

22. It shall be lawful for the governor of the common-
wealth to hire out, as in his judgment may be proper, such
able-bodied convicts in the penitentiary whose terms of ser-
vice at the time of hiring do not exceed ten years, as can be
spared from the workshops therein, to responsible persons,
to work in stone quarries, or upon any railroad or canal in
this state, or for any other suitable labor: provided, how-
ever, that sueh convicts shall not be hired out for any pur-
pose within the limits of the city of Richmond or any other
city or town in the commonwealth: provided further that
in the hiring of said convicts no unjust discrimination shall
be made with regard to race or color.

23. It shall be the duty of the governor, in executing this
act, to provide for the sufe keeping and return to the peni-
tentiary of convicts hired or employed under the provisions
of this act, and to use such measures as he may deem neces-
Bary to secure to convicts while so hired or employed, proper
clothing, food, and treatment.

24. That all funds paid into the treasury for the hire of
penitentiary convicts be placed to the credit of the peniten-
tiary, to be paid out subject to the draft of the general agent,
approved by the board of directors.

Con finement of convicts; punishment for misbehavior.

25. Each convict shall be locked up during the night and
every Sunday (except to attend religious service), and when
the number of apartments will permit, each separately, unless
in the bospital.

26. A convict guilty of profanity, indecent behavior, idle-
ness, neglect or willful mismanagement of work, insubordi-
nation, an assault not amounting to felony, or a violation of
any of the rules prescribed by the governor, may, under the
orders of the superintendent, subject to the said rules, be
punished by lower and coarser diet, the iron mask or gag,
solitary confinement in a cell or the dungeon, or by stripes.
Under such orders and subject to the said rules, the superia-
tendent may, when a convict is charged with an offence for
for which he is to be tried under chapters twenty-two and
twenty-three of this act, confine him in a cell or the dungeon
until such trial.

Record of conduct of convicts to be kept; time to be deducted for
good conduct; record to be submitted to governor and posted
in prison.

27. It sha!l be the duty of the superintendent of the peni-
tentiary to keep a record of the conduct of each convict,
and for every month that a convict appears by such record
to have faithfully observed the rules and requirements of the
prison, and not to have been subjected to punishment, there
shall, with the consent of the governor, be deducted from the
term of service of such convict, four days.

28. The superintendent shall submit said record and deduc-
tion to the governor, when required by him, that the same
may be considered in the exercise of such executive clemency
on behalf of any convict as he may deem conducive to the
interest of the prison, and promotive of the reformation and.
welfare of the convicts.
29. The superintendent shall cause a copy of the three
next preceeding sections to be posted in the cell of each
convict.

Allowance to convict on his discharge.

30. The board, in its discretion, may allow a convict, on
his discharge, not exceeding thirty dollars, and if he needs
it, a suit of coarse clothing.

The surgeon and hospital; visitors.

31. The surgeon to the penitentiary shall visit the peni-
tentiary once at least every day, and oftener when there are
cases of sickness requiring it, or when he is called on to
attend by the superintendent. Before leaving the city of
Richmond at any time, he shall notify the superintendent of
his intention, and the time he expects to be absent, and what
physician may be called on to officiate for him in his absence.

32. The surgeon shall render to the convicts all surgical
and medical aid which may be requisite.

33. A room suitable for the purpose shall be set apart, in
which sick convicts shall be kept, when the surgeon s0 pre-
scribes. There shall be a book in which shall be entered the
name of each convict put in the hospital, and the time that
he goes in and comes out of it.

34. One of the directors, in such order as the board may
direct, shall once a week visit the hospital with the superin-
tendent, and the two shall make a report of the treatment
and condition of the sick. Tbe annual report of the board
shall show the condition of the health of the convicts. It
shall state the number in the hospital every month from each
ward, the disease of each person put in the hospital, and the
number of deaths in each ward.

35. The governor, members of the general assembly, min-
isters of the gospel for performing religious service, and the
officers and others having duties or business therein, may go
into tho interior of the penitentiary. Any other person who
shall obtain a permit to do so from the governor, may also
visit the same, between the hours of nine in the morning
and noon of any day, except Saturday or Sunday. There
shall be no conversation between a visitor and a convict,
unless special license therefor be given by the governor or
superintendent.

Of the directors; their general duties; quorum of board; their
meetings and reports; power to remove superintendent and
general agent and appoint successors.

36. The board of directors may apply the means of the
institution to repair and eolarge the shops, and increase the
number of cells when required. They shall cause to be done
in the penitentiary any work which can be done therein,
towards effecting the improvements or repairs mentioned in
the twenty-first section. The superintendent shall direct
the manufacturing operations, and have the goods manufac-
tured and work done at the penitentiary (except as other-
wise provided), delivered weekly to the genoral agent, to be
disposed of by him at such prices as may be mentioned in
duplicate invoices thereof; one of which shall be delivered
to the agent, and the other, with the agent’s receipt thereon,
shall be preserved at the office of the penitentiary by the
clerk. If at any time the price fixed by the superintendent
should be above the market price for the said articles, the
agent shall make known the fact to the superintendent, who
shall forthwith call a meeting of the board of directors, upon
whose decision the price marked shall be either altered or
retained.

37. A majority of the directors shall constitute a quorum
for the business of the board. They shall meet regularly
once a week, and at the first meeting in each month, receive
the monthly reports of the super intendent and general agent;
and may meet at snch other times as the superintendent or
general agent may request, or any two of the directors may
think necessary. Itshall be their duty, once in three months,
to inspect the penitentiary and make a report of its condi-
tion to the governor of the commonwealth, which report
shall embrace a synopsis of the monthly reports of the super-
intendent and general agent for the three months just prece-
ding said inspection. It shall also embrace a stutement of
the institution as to health and general management, and
such other matters as may seem to them of gnfficient interest
to be contained therein; and especially shall they report at
any time any malfeasance in office, or manifest incompetency
in the discharge of their dutics on the part of the general
agent, or superintendent, or any officer. And the governor
shall immediately, upon tho reccipt of such report, investi-
gate the same; and if, in his judgment, there be sufficient
cause therefor, he shail forthwith remove the said officer.
If the general ‘assembly i is in session, he shall notify them of
such removal; if not, he shall at once appoint a successor,
who shall hold his office until his successor be elected by the
general assembly, and shall have qualified, unless sufficient
cause be found for his removal inthe meantime. Said board
shall have a general supervision over the penitentiary and
penitentiary store, and the officers thereof, and see that the
laws for their government are observed.

Power of board in investigating matters, ordered by the governor.

38. When an investigation is ordered by the governor as
to a matter concerning the penitentiary, or the conduct of
persons connected therewith, the clerk of the penitentiary,

y order of the board, may issue a summons directed to the
sheriff of the county of Henrico, commanding him to sum-
mon any person to attend at the penitentiary on a certain
day, to give evidence before the board, and may administer
an oath to such person. The board shall have like powers,
under the twenty-eight and twenty-ninth sections of chap-
ter one hundred and seventy-two of the Code of eighteen
hundred and seventy-three, as if it was a court whose clerk
had issued the summons. And the clerk of the penitentiary
shall make such entry as would, under the forty-first section
of the same chapter, if the attendance were before a court,
be made by the clerk thereof. .The sum to which tke wit-
ness is entitled, shall be paid out of the funds of the insti-
tution.

Taking of inventories; annual report of board.

39. Two or more of the directors shall, at the end of each
fiscal year, attend the taking of the inventories of the goods
and stock on hand at the penitentiary and penitentiary
store.

40. The board sball annually, before the first of October,
make a report to the governor, to be laid before the general
assembly, showing the expense to the state of the peniten-
tiary for the previous fiscal year, and its condition at the end
of such year, the manner in which the rules have been
executed, and their effect, and making any proper sugges-
tions as to the discipline and organization of the penitentiary.

The clerk of the penitentiary; his duties.

41. The clerk of the penitentiary shall keep the journal
of the board of directors, record their proceedings as they
may direct, and copy such papers as they or the superin-
tendent may order. He shall attend at the penitentiary
daily, and compare the ward and delivery books, and sce
that the entries therein are correctly made. He shall keep
regular books of account, exhibiting the proper receipts and
disbursements of the institution, make up the weckly invoices
of deliverics to the general agent, and charge them in the
proper books to that officer, make the tables and documents
accompanying tbe reports of the superintendent and general
agent,and do and perform all such duties as may be required
by the rules of the institution, or the orders of the board or
superintendent.

The superintendent and his assistants; allowance to him.

42. The superintendent may reside in the front building
of the penitentiary, and shall be allowed his fuel.

His powers, and the powers of his assistants; assistant keepers
and guard for the prison allowed to carry and use arms.

43. The superintendent shall be the chief executive officer
of the penitentiary and direct its internal police and manage-
ment, subjcct to the control of the board of directors. He
shall restrict the number of branches of manufacture to such
as may be necessary to meet the requirements of the insti-
tution, or the requisitions of the various asylums in the
state, and to such as in his opinion may be most profitable to
the state, not to exceed six at any one time.

44, His assistants, whose duties he shall prescribe, shall be
designated and stand in authority as first assistant, second
assistant, and soon. The first assistant shall act in place of
the superintendent when he is absent. The duties of the
first assistant shall, in his absence, be performed by the sec-
ond assistant, and so on in succession.

45. The superintendent, with the approbation of the gov-
ernor, shall appoint not exceeding seven assistant keepers,
who shall take the oaths prescribed by law for public offi-
cers. The interior and exterior guard shall also take the
said oaths of office. And it shall be lawful for any officer of
tl-e penitentiary, or any guard provided by law to guard the
same, to carry sufficient weapons to prevent escapes, sup-
press rebellion, and for self-defence, and to use the same
against any prisoner for such purposes.

Power of superintendent to make purchases and send bills to
general agent; ward accounts to be kept; his monthly report
to directors; settlement with general agent.

46. The superintendent sball, with the approval of the
board, make purchases of such supplies of raw material or
provisions as are presented at the institution for sale, and
send bills of the same to the general agent for payment, and
make weekly requisitions upon the general agent for such
other supplies of raw material or provisions as are needed
at the penitentiary, and receipt to him for the same. He
shall keep, or have kept in each ward, a book, showing sepa-
rately an account of the raw materials as received, and of
the manufactures and work done therein, and in his monthly
report render an account, showing the result of operations
in each ward. He shall, on the first Monday in each month
during his continuance in office, submit to the board of direc-
tors a report of transactions during the month just past, in
manner and form as follows: “Statement of the superin-
tendent of the Virginia penitentiary for the month of ,
eighteen hundred and , a8 required by law, in accordance
with stock of materials, raw and manufactured, as
per last report. Materials received from the general agent
during the month, upon the requisition of the superintend -
ent, as per invoice herewith; supplies on hand as per last
report. Supplies received from the general agent during the
month, including coal, wood, provisions, medicines, etcetera,
etcetera, as per invoice herewith. Articles delivered to the
general agent, as per invoice herewith, used in the peniten-
tiary, or otherwise disposed of, as per receipted bills. Money
received during the month: For hire of convicts, as per con-
tract approved by the board, copy of contract herewith; for

sale of fabrics, or from any other source whatever, as per in-
voice herewith. Stock of materials, supplies, articles, etcetera,
on hand, unsold or undisposed of in any way, at the date of this
report.” The superintendent will take receipts in duplicate
for all articles disposed of by him, the amount received for
such being plainly set forth therein. He will also take du-
plicate receipted invoices of all articles furnished the gene-
‘ral agent for sale or otherwise. Our copy of the receipt and
invoice will in every case be attached to the above-mentioned
monthly return to the board of directors, and one will be
retained by the superintendent. The superintendent will in
no case disburse apy moneys on account of the penitentiary,
or make sales of any articles, manufactured or otherwise,
upon credit. All moneys received by him shall, at the end
of each month, be paid into the hands of the general agent.

Authority to superintendent to sell work and manufactures. |

47. He may, when he can, without neglect of other duties,
sell and deliver such articles manufactured, and work done
at the penitentiary, as may be called for there, delivering to
the. general agent an account of such articles and work, pay-
ing to him all money received therefor.

Work for lunatic asylums; account therefor.

48, When the board of directors of either of the lunatic
asylums desire to purchase, for the use thereof, cloth, cloth-
ing or shoes, of the manufacture of the penitentiary, if they
make requisitions therefor in reasonable time, the superin-
tendent of the penitentiary shall pack up the articles, for-
ward them to the asylum at cost, and charge the articles to
the state.

49. The superintendent shall, at the end of each fiscal year,
furnish the auditor of public accounts with a receipt from an
officer of the asylum for any articles so furnished within
said year, and a statement of their prices; for which the
penitentiary shall have credit and the asylum be charged.

Annual general account to be rendered.

50. He shall, at the end of each fiscal year, state a general
account between the state and the penitentiary for such year,
charging the latter with the value of the tools, machinery,
fixtures, and materials on hand at the commencement of the
year; the raw materials purchased during the year; the
rations furnished for the convicts; the salaries of all the
officers, and all the contingent expenses of the penitentiary ;
and crediting it with the work of the convicts delivered from
the penitentiary to the general agent and others; the work
and repairs done by the convicts on the prison and other
public property; the clothing furnished the convicts; and
the value of the tools, machinery, fixtures, and materials on
hand at the end of the year; with all other debits and cred.
its necessary to show a true account of the institution with
the state. °

51. The said account shall be laid before the board of di-
rectors, and when approved by them and balanced, be made
a part of their annual report.

Guards; how employed, their duties and compensation ; power
to dismiss them.

52. The superintendent may employ a guard not exceed-
ing thirty persons as the interior and exterior guard of the
penitentiary, who shall perform such duties as the superin-
tendent (subject to the control of the governor) may direct.
Any person so employed, may be dismissed from service at
the discretion, eithor of the board or the superintendent.

53. The compensation of the said guard shall be at the
rate of forty-five do:lars per month for each member thereof,
which shall be paid monthly, upon the certificate of the said
superintendent, by warrant of the auditor of public accounts.

Convicts employed outside of penitentiary to be guarded.

54. While the convicts are employed in any work on the
public grounds, or property outside of the penitentiary, they
shall be attended by a sufficient guard, detailed therefor by
the superintendent, and be subject to his orders.

Rewards for prisoners escaping; how paid.

55. If any convict escape from the penitentiary, or from
the custody of the superintendent, he may offer a reward for
the apprehension and redelivery of such convict, not exceed-
ing five hundred dollars; one-half thereof to be paid by the
institution, and the other by the superintendent, his assistants,
and the interior guard, in proportion to the amount of their
salaries.

56. None of said officers shall be entitled to any such re-
ward or any part of it, unless expressly authorized by the
superintendent.

Of the general agent; his duties and liabilities; his purchases,
and drafts on the treasury to meet demands, éc.

57. The general agent and storekeeper of the penitentiary
shall receive and give receipts for such of the goods manufac-
tured and work done at the penitentiary as may be delivered
him, and shall account for the same at the prices mentioned
in the invoices thereof, or return the same to the peniten-
tiary to be repriced; or, if the board so directs, sell the same
at auction. He and his sureties shall be responsible for the
amount of all debts for such goods or work, contracted with
him or under his authority, and for all money received by
him as such agent, unless he shall obtain the written consent
of the bozrd to sell goods to such responsible parties as may
be designated by the’ board, upon such terms as they can
purchase the same class of goods from other manufacturers,
and he sball report to the board, the amount, and to whom
thus sold, once a month, or whenever they may call on him
for such report. |
58. On the requisition of the board, the general agent
Shall purchase all materials and other things required for
such work, or for the convicts, or for the penitentiary. He
may issue his draft upon the auditor of public accounts for
the amount of all purchases and expenditures made by him
upon the requisition of the superintendent, for the use of the
enitentiary, and the correctness of which shall be certified
y the superintendent, countersigned by the governor: pro-
vided that the total amounts of such drafts shall not excecd
the sum of five thousand dollars in any one quarter. He
shall pay into the treasury, to the credit of the common-
wealth, whatever balance may be found due by him on each
quarterly settlement of bis accounts with the board of direc-
tors, within the period of twenty days after the expiration
of each quarter, and in default thereof, the same may be
recorded in the same manner as if it were due from a sheriff
for taxes.

Report of general agent to the board of directors; settlement of
his accounts; state treasurer to open account with penitentiary.

59. On the first Monday in each month, during his con-
tinuance in office, he shall submit to the board of directors a
Statement of transactions for the month just passed, in man-
ner and form as follows: “Statement of the general agent and
storekeeper of the Virginia penitentiary; stock of materials,
raw and manufactured, on hand as per last report; materials
delivered to the superifitendent of the penitentiary during
the month upon his requisition; supplies on hand as per last
report; supplies delivered to the superintendent during the
month, including coal, wood, medicines, etcetera, as per
invoice herewith; articles purchased for the use of the peni-
tentiary during the month, by contract approved by the
board, (copy of contract herewith); articles purchased with-
out contract for immediate use, as per receipted bills here-
with; articles received from the superintendent of the peni-
tentiary for sale, or otherwise, during the month, as per
invoice herewith; articles sold during the month, with
amount received for them, as per statement herewith; stock
of materials, supplies, articles, etcetera, on hand, undisposed
of in any way at date of this report; recapitulation; amount
received for articles sold during the month; amount paid for
articles during the month by contract; amount paid for arti-
cles during the month for immediate use; balance due the
commonwealth.” When the said balance shall exceed the |
sum ot five hundred dollars at the end of any month, said |
excess shall be paid by the general agent in-o the treasury,
and should occasion afterwards arise, the said general agent
may draw from the treasury, through the auditor of public
accounts, upon a requisition approved by the superintendent
and the board of directors, .uch amounts as may be neces-
sary for the wants of the institution, not to exceed the
whole amount standing to the credit of the penitentiary on
the books of the treasury. In case of his death, his personal
representative shall, when the board may require, settle with
them an account of what the deceased agent is responsible for,
and on such settlement shall produce the vouchers for his
payments. If, on a settlement, any balance appear to be due
from him, it shall be paid by him into the treasury, to the
credit of the institution. All such accounts shall, after
having been examined and corrected by the board, be made
a part of their annual report. For the more perfect carry-
ing out of this act, the treasurer is hereby required to open
a debit and credit account with the institution.

60. The general agent shall, at the end of each fiscal year,
render to the board, accounts of his transactions for the same
year, in such manner as the board may require. On the
one hand, he shall be charged at the prices mentioned in the
accounts and invoices (delivered to him) with all goods and
work, which shall, within the said year, have been disposed
of. On the other hand, he shall, after taking an inventory
of the same, have credit for such of said goods and work as
remain in his hands at the end of the year, credit likewise
for such thereof as have been returned by him to the peni-
tentiary, and if sales of any be made at auction by order of
the board, there shall be a credit or charge, as the case may
require, for the difference between the amount of such sales
and the prices with which he may have been charged for
what is sosold. He shall have credit also for payments made
by him within said year, under the board’s authority, and
for such commission as is prescribed by the twenty-third
section of chapter thirteen of the Code of eighteen hundred
and seventy-three. The said accounts, after being examined,
and, where necessary, corrected by the board, shall be made
a part of the annual report, and such entry made thereof
by the clerk as the board may direct.

General agent may carry on mercantile business on his own
account, transfers by him to his successor.

61. The general agent may carry on mercantile business
on his own account, trading in such articles as will not com-
pete with those manufactured in the penitentiary.

62. When a new general agent qualifies, the goods and
money in the possession of the late agent, or his representa-
tive, shall be transferred to the new agent. ~
Power of superintendent to contract for employing convicts in
penitentiary; additional shops may be erected.

63. The superintendent, by and with the advice and con-
sent of the governor, may enter into contracts for the em-
ployment of convicts in the penitentiary, not otherwise
employed; and, as fur as practicable, confine such convict
labor to manufacturing purposes. Additional shops may be
erected by the contractors, in the penitentiary grounds, for
the employment of the convicts so hired: provided that the
state shall not incur any expense thereby.

64. The superintendent, with the consent and advice of
the governor, may establish a system of tasking the convicts
in the different wards in the penitentiary, where it can be
done, and allow such as earn overstint a reasonable compen-
sation therefor, which said allowance shall be placed to the
credit of the convict, and paid to him when he is discharged
from prison; or, if the convict requests that a portion or all
of it be paid to his dependent family, or near relatives, the
superintendent may do so at any time during bis imprison-
ment. The amount to be allowed for overstint shall be
fixed by the board of directors and the superintendent.

CHAPTER XXII.
OF CRIMES BY CONVICTS.

Convict in penitentiary, or in custody of the officers, guilty of
specific offences, or conspiring to commit them.

1. A convict confined in the penitentiary, or in custody of
an officer thereof, shall be deemed guilty of a felony if he
shall kiil, wound, or inflict other bodily injury upon an officer
or guard of the penitentiary; or shall escape from the peni-
tentiary or such custody; or shall break, cut, or injure any
building, fixture, or fastening of the penitentiary, or any part
thereof, for the purpose of escaping or aiding any other con-
vict to escape therefrom, or rendering the penitentiary less
secure as a place of confinement; or shall make, procure,
secrete, or have in his possession, any instrument, tool, or
thing for the said purpose, or with intent to kill, wound, or
inflict bodily injury as aforesaid; or shall resist the lawful
authority of an officer or guard of the penitentiary for the
said purpose, or with such intent.

2. Any three or more convicts so confined, or in such cus-
tody, who shall conspire together to commit any offence
mentioned in the preceding section, shall be deemed guilty
each of felony.
Punishment for said offences.

3. A convict guilty of such killing as is mentioned in the
first section, or of any act therein mentioned, from which
death ecusues to such officer or guard, shall be punished with
death. For any other offence mentioned in either of the
two preceding sections, a convict, unless he be unde a sen-
tence of confinement for life, shall be confined in the peni-
tentiary not less than one nor more than five years after the
end of the term for which be shall then be subject to confine-
ment; and, whether he be under such sentence for life or
not, he shall be kept in solitary confinement for such portion
of the time of his confinement in the penitentiary as may
be fixed by the jury, not being more than one-half nor less
than one-twelfth part of the time that he may be confined
therein, after being sentenced under this chapter; which
solitary confinement may commence immediately on bis
being so sentenced, but shall not exceed a month at any one
time.

Convict not discharged pending prosecution, nor sentenced to
further imprisonment tn addition to that prescribed in this
chapter.

4. A person prosecuted for an offence under this chapter,
shall not¢*be discharged from the penitentiary while such
prosecution is pending. And a person convicted, of such
offence, shall not, by reason thereof, be sentenced under the
twenty-fifth or twenty-sixth sections of chapter ten of this
act, except as in the following section.

If convicted of other felony than under this chapter, to be sen-
tenced as if he were discharged when he committed it.

5. If a convict in the penitentiary shall commit any felony
(other than is provided for in the first three sections of this
chapter), which is punishable by confinement therein or with
death, he shall suffer the same punishment as if he had been:
discharged before committing it.

CHAPTER XXIII.
OF PROCEEDINGS IN CRIMINAL CASES AGAINST CONVICTS.
Jurisdiction for trial of convicts in the penitentiary.
1. All criminal proceedings against convicts in the peni-

tentiary shall be in the circuit court for the city of Rich-
mond.
When convict has been before sentenced to penitentiary, and not
sentenced to additional term of confinement therefor, to be
reported to circuit court of the city of Richmond.

2. When a person convicted of an offence, and sentenced
to confinement therefor in the penitentiary, is received.
therein, if he was before sentenced to a like punishment, and
the record of his conviction does not show that he has been
sentenced under the twenty-fifth or twenty-sixth section of
chapter ten of this act, the superintendent of the peniten-
tiary shall give information thereof without delay, to the
said circuit court of the city of Richmond, whether it be
alleged or not in the indictment on whicb he was so convic-
ted, that he had been before sentenced to a like punishment.

How the fact tried and convict sentenced.

3. The said court shall cause the convict to be brought
before it, and upon an information filed, setting forth the
several records of conviction, and alleging the identity of the
prisoner with the person named in each, shall require the
convict to say whether he is the same person or not.

4. If he say he is not, or remain silent, his plea or the fact
of his silence shall be entered of record, and a jury of by;
standers shall be impaneled to enquire whether the convict
is the same person mentioned in the several records.

5. If the jury find that he is not the same person, he shall
be remanded to the penitentiary; but if they find that he is
the same person, or if he acknowledge in open court, after
being duly cautioned, that he is the same person, the court
shall sentence him to such further confinement as is pre-
scribed by chapter ten of this act, on a second or third con-
viction, as the case may be.

Offences committed in penitentiary; how charged and tried; grand
jury; how selected and summoned.

6. Upon acomplaint in writing, and under oath, presented
to the said circuit court, or the judge thereof in vacation,
that any convict in the penitentiary has committed an offence
punishable under chapter twenty-two of this act, proceedings
may be had for the said offence, either at a regular term of
the court, or at a special term, to be appointed by its order,
or by a warrant of the judge, directed to the clerk of the
court, who shall give notice of such special term to the
attorney for the commonwealth and other officers of the
court.

7. The clerk shall issue all necessary process, and a grand
jury and a venire shall be summoned, to attend at the time
appointed in such warrant, or at such time as the court may
direct; the said grand jury to be selected in the mode and
manner prescribed by the laws now in force, or which may
hereafter be in force, as to grand juries, from a list of names
furnished the clerk of such court by the judge thereof; and
it shall be the duty of the clerk of such court forth with,
whenever so ordered by the judge of his court, to place in
the hands of the officer of such court, lists of the grand
jurors so selected ; and it shall thereupon be the duty of such
officer to summon the persons mentioned in such lists, to
attend at the time appointed in such warrant, or at such
other time as the court may direct.

8. The judge of said court, when an indictment is found
against the accused, shall issue a warrant to the superinten-
dent, to bring him before the court, as well as any other
persons confined in the penitentiary, who are required as
witnesses on either side.

Who competent witnesses therein; proceedings tn other respects.

9. In any such prosccution, all other convicts in the peni-
tentiary shall be competent witnesses for or against the
accused. In all other respects the proceedings, trial, and
judgment shall be had, pronounced, and executed as in other
cases of prosecutions for offences punishable with death, or
confinement in the penitentiary; except, that in case a con-
vict shall be sentenced to suffer the death penalty, the judg-
ment of such court shall be executed by the superintendent
of the penitentiary having charge of such convict.

CHAPTER XXIV.

OF FUGITIVES FROM JUSTICE FROM FOREIGN NATIONS AND OTHER
STATES; POWERS OF GOVERNOR IN CRIMINAL CASES.

Fugitives from foreign nations.

1. The governor shall, whenever required by the executive
authority of the United States, pursuant to the constitution
and laws thereof, deliver over to justice any person tound
within the state, who shall be charged with having commit-
ted any crime without the jurisdiction of the United States.

2. The governor, though not so required, may in his dis-
cretion, deliver over to justice any person found within the
state, wbo shall be charged with having committed, without
the jurisdiction of the United States, any crime, except trea-
son, which by the laws of this state, if committed therein,
is punishable by death or imprisonment in the penitentiary ;
such delivery shall only be made on the requisition of the
duly authorized officers or agents of the government, within
the jurisdiction of which the crime shall be charged to have
been committed; and the governor shall require such evi-
dence of the guilt of the person so charged, as would be
necessary to justify his apprehension and commitment for
trial had the crime charged been committed within this state
‘The expense of apprehension and delivery shall be defrayec
by those to whom the delivery is made.

Fugitives from other states.

3. Any person charged in another state of this Unior
with treason, felony, or other crime, who shall fice from jus
tice and be found within this state, ‘shall, on demand of the
executive authority of the state from which he fled, made ir
the manner prescribed by the constitution and laws of the
United States, be delivered up, according to the said consti.
tution and laws, to be removed to the state having jurisdic
tion of the crime.

4, Whenever any person shall be found within this state
charged with treason, felony, or other crime, committed ir
any Other state, any justice may, upon complaint on oath, o1
other satisfactory evidence, that such person committed the
offence, issue a warrant to bring the person so charged, before
the same or some other justice within the state; and the
officer to whom such warrant may be directed, may execute
the same in any county or corporation in the state, and bring
the party, when arrested, before any justice of the same or any
other county or corporation.

5. If it shall appear to the justice before whom the person
charged may be brought, that there is reasonable cause tc
believe that the complaint is true, he shall, if he would have
been bailable by a justice, in case the offence had been com-
mitted in this state, be required to recognize, with sufficient
sureties, in a reasonable sum, to appear before the court or
corporation at a future day, allowing a reasonable time toa
obtain the warrant of the executive, and to abide the order
of the court;. and if such person shall not so recognize, he
shall be committed to prison, and be there detained until
such day. The recognizance, if any, shall be returned to
the said court. without delay; and if the person so recog-
nizing shall fail to appear according to the condition of his
recognizance, he shall be defaulted, and the like proceedings
sball be had as in the case of other recognizances entered
into before a justice; but if such person would not have
been bailable by a justice, in case the offence had been com-
mitted in this state, he shall be committed to prison, and
there detained until the day so appointed for his appearance
before the court.

6. The justice by whom such person may be so recognized
or committed, shall immediately, by letter, apprise the gov-
ernor of the fact, who shall thereupon communicate the
same to the executive of the state where the crime is charged
to have been committed.

7. If the person so recognized or committed, shall appear
before the court upon the day ordered, he shall be discharged.
unless he shall be demanded by some person authorized by
the warrant of the governor to receive him, or unless the
court shall see cause to commit him, or to require him to
recognize anew for his appearance at some other day; and
if, when ordered, he shall not so recognize, he shall be com-
mitted and detained as before. But whether the person so
charged shall be recognized, committed, or dischareved, any
person authorized by the warrant of the governor may,

all times, take him into custody, and the same shall be a his.
charge of the recognizance, if any, and shall not be deemed
an escape,

8. The complainant in such case shall be answerable for
all the actual costs and charges, and for the support, in
prison, of any person so committed, to be paid in the same
manneras by a creditor for his debtor committed on execu-
ticn; and if the charge for his support in prison shall not be
so paid, the Jailor may discharge such person in like manner
as if he had been committed for debt on an execution.

When fugitives are to be detained here.

9. No person under prosecution for any offence, alleged
to be committed within this state, shall be delivered
up to the executive authority of another state, or of the
United States, until such prosecution shall have beén deter-
mined, and the person prosecuted shall have been punished,
if condemned; nor shall any person, under recognizance to
appear as a witness in any such prosecution, be so delivered
up, until said prosecution shall be determined. Nor sball
any person who was In custody upon any execution, or upon
process in any suif, at the time of being apprehended for a
crime charged to have been committed without the jurisdic-
tion of this state, be so delivered up, without the consent of
the plaintiff in such execution or suit; until the amount of
such execution shall have been paid, or until such person
shall be otherwise discharged from such execution or process.

Rewards for persons charged with offences.

10. The governor may offer a reward for apprebending
and securing any persons convicted of an offence or charged
therewith, who shall have ese: aped from prison, or for appre-
hending and securing any person charged with an offence,
who, there is reason to fear, cannot be arrested in the com-
mon cause of proceeding. But no such reward shall be paid
to any sheriff, sergeant or other officer, who may arrest such
person by virtue of any process in his hands to be executed.

Power to reprieve or pardon.

11. The governor shall not grant a pardon in any case
before conviction, nor to any person convicted of treason
against the commonwealth, except with the consent of the gen-
eral assembly, declared by joint resolution. Neither shall he
grant a reprieve to any person convicted of treason fora
longer period than until the end of the session of the genc-
ral assembly, during which it may be granted, or than until
the end of the succeeding session, when it is granted during
the recess. |

Commutation of punishment.

12. In any case in which the governor shall exercise the
power conferred on him by the constitution to commute capi-
tal punishment, he may issue his order to the superintendent
of the penitentiary, requiring bim to receive and confine
(and the superintendent shall receive and confine) in the
penitentiary, according to such order, the person whose pun-
ishment is commuted. To carry into effect any commuta-
tion of punishment, the governor may issue his warrant
directed to any proper officer; and the same shall be obeyed
and executed.

Remission of fines and punishments.

13. The governor shall not remit, in whole or in part, any
fine or amercement assessed or imposed by any court of
record, court-martial, or other authority having jurisdiction
to assess or impoge the same, except as follows.

14. Whenever judgment shall have been rendered against
any person for a contempt of court, other than for non-per-
formance of, or disobedience to some order, decree, or Judg-
ment, the governor shall have power to pardon the offence
and remit the punishment, whether corporal or pecuniary,
either in whole or in part.

Return upon warrants of governor.

15. Any officer to whom any order or warrant of the
governor may be directed, shall make return thereof to the
secretary of the commonwealth, who shall preserve the same
in his office.

CHAPTER XXYV.

OF THE JURISDICTION AND FEES OF JUSTICES OF THE PEACE AND
OTHER OFFICERS.

Jurisdiction of justices and police justices, in cases of petit lar-
ceny, assault and battery, éc., &c.; punishment.

1. The several police justices, and justices of the peace, in
addition to the jurisdiction now exercised by them as con-
servators of the peace, shall have concurrent jurisdiction
with the county and corporation courts of the state, of all
cases of assault and battery, not felonious; petit larceny,
unlawful or malicious trespass, lewd and lascivious cohabi-
tation, adultery, fornication, keeping house of ill-fame,
cruelty to animals, disturbance of public worship, carrying
concealed weapons, and obstructing highways and bridges,
occurring within their jurisdiction; in all which cases the
punishment imposed may be the same as the said courts are
authorized to impose by the existing laws: provided that in
the cities and towns in which a police justice has been or
may hereafter be appointed or elected, the powers and juris-
diction conferred by this act shall not be exercised by any
other justice of such city or town, except when acting for
and in the stead of the police justice, according to law.
Kach justice of the peace, and police justice, shall try or
procure some other justice to try, every case of the kind
enumerated in this section which is brought before him, and
the same may be tried upon a warrant.

Right of appeal; return of papers to clerk; appeal; how tried.

Zz. Any person convicted under the provisions of this
chapter shall have the right to appeal to the county, corpo-
ration, or hustings court; and sball, unless let to bail, be
committed by the justice to jail until the next term of such
court, and the witnesses recognized to appear at said court;
and the said justice shall return and file the papers with the
clerk of said court, whether the appeal be applied for or

not. |

3. The appeal shall be tried before said court without
formal pleadings in writing, and the accused shall be entitled
to trial by a jury to be empancled in the same way as in
like cases originating in said court.

Costs; against whom; how recovered.

4, In every case of acquittal by a justice, if he believe the
charge was made maliciously, or without probable cause, he
may render judgment for the costs against the prosecutor.

5. Within thirty days after every trial, the justice shall
certify to the court of his county or corporation the amount
of fine, number of stripes, term of imprisonment, and costs,
kind of execution, and name of officer to whom it was deliv-
ered. When the justice acquits the accused, he shall certify
the costs of trial, and to whom due, and if he rendered judg-
ment against the prosecutor for costs, the name of the officer
to whom the execution was delivered. The clerk shall enter
all such certificates in a book to be kept for that purpose.

Failure of officer to return writs of fieri facias or capias pro
fine; how punished. )

6. At the January and July terms, each year, of county,
hustings, and corporation courts, the attorney for the
commonwealth shall examine the book required by the
preceding section, and wherever it appears that any execu-
tion of fieri facias or capias pro fine has been delivered to
any officer by a justice for ninety days, and has not been
returned, or, if returned sstisfied, it does not appear that
the fine and costs have been paid to the county or city trea-
surer, such attorney for the commonwealth shall at once
apply to the court for, and the court sball issue rules against
said officer and his sureties, returnable to the next term, to
show cause against a judgment for the amount of such fine
and costs, and upon return of the rule executed, unless good
cause can be shown against it, the court shall render judg-
ment against such officer and his sureties for a fine of ten
dollars, and for the amount of the fine and costs imposed by
the justice, and the costs of the rule, including a fee of two
dollars and a half to the attorney for the commonwealth,
which shall be his only compensation. For every failure of
an attorney for the commonwealth to examine said book, he
shall be fined ten dollars.

When writs of capias pro fine and writs of fieri facias may issue.

7. In case of conviction by a justice, he may commit the
deféndant to jail until the fine and costs are paid; where he
does not commit to jail, he shall either issue a capias pro
fine or a writ of fieri facias for fine and costs, or costs where
there is no fine, and shall deliver the same to the sheriff, or
any constable or sergeant of his county, city, or corporation.
When a justice has issued one execution, he shall in the same
case issue no other, but the clerk of the county, hustings, or
corporation court of the county, city, or town in which the
trial was, may issue writs of fieri facias or capias pro fine, on
the judgments, certified to his office.

Fees of justices and other officers.

8. The fees of ins ces, sergeants, and constables in crimi-
nal cases shall bc paid out of the state treasury upon the
certificate of th: court of his county or corporation. No
account shall bt» allowed or paid, unless verified by the
affidavit of the person rendcring the service; and when
allowance is made for a guard, by such guard or the personal
representative of such officer or guard. The fee of a justice
of the peace shall be, for issuing a watrant of arrest, fifty
cents; for trying a case of misdemeanor and an examination
on charges of felony, fifty cents; which sha!l be in full for
all services rendered in each case by a justice. The fees of
a constable or sergeant, shall be as follows: For serving a
warrant or summons other than on a witness, where no
arrest is made, thirty cents; for an arrrest in a case of mis-
demeanor, fifty cents; for an arrest in a case of felony, one
dollar; for summoning a witness, twenty cents; but not
more than sixty cents shall be allowed for summoning wit-
nesses in a case of misdemeanor, nor more than one dollar
in a case of felony, unless the justice trying the case shall
certify that the witnesses in a misdemeanor case in excess of
three, or in a felony case in excess of five, were examined
on the trial and were material witnesses; and when two or
more parties are arrested under one warrant or are jointly
charged or tried, the officer shall be entitled only to such
fees for summons of witnesses as if only one party were
arrested, charged, and tricd. For carrying a prisoner to
jail under order of a justice, four cents a mile cach way, for
the officers, and where the prisoner is carricd by public con-
veyance, the fare actually paid for the prisoner. Where the
prisoner 1s not carried by public conveyance, four cents per
mile, where the distance is over ten miles. He shall also be
allowed any money actually paid by him for the board of
the prisoner while conveying him, not to exceed one dollar
per day. For a guard there shall be allowed seventy-five
cents per day and four cents per mile cach way; but no
guard shall be employed or paid unless the justice order it,
and certify that such guard could not be safely dispensed
with. Toa jailor, in case of the commonwealth, for receiv-
ing a person in jail when first committed, twenty-five cents;
for keeping and supporting him therein for each day, forty
cents; but where there are as many as three and less than
ten priscners in jail, thirty cents for cach; where there are
ten or more, twenty-five cents for each prisoner in jail: pro-
vided, however, that in the cities of Portsmouth, Norfolk,
and Petersburg, the judge of the corporation or hustings
court may make an allowance to pay the necessary and pro-
per salaries of such number of deputy sergeants as said
judge shail consider needful, and such allowance shall be
paid out of the treasury of such city: provided further, that
in the cities of Richmond and Alexandria, the judge of the
hustings or corporation court shall, with the consent of the
city council, make an allowance to pay the necessary and
proper salarics of such number of deputy sergeants as said
judge shall consider needful, and such allowance shall be
paid out of the treasury of such cities.

9. For collecting money under a writ of fieri facias or
capias pro fine, a commission of five per centum on the
amount collected to be paid by the defendant as other costs
are paid.

10. No justice, constable, sergeant, captain or sergeant of
police who receives a salary or allowance for general servi-
ces out of the treasury of his county, city or corporation,
shall receive any fees for services in a criminal case, from the
state, city or county, but all fees to such officers shall be paid
by the party against whom judgment is rendered: provided
however, that the judge of any city or corporation court,
may make an allowance not exceeding two hundred dollars
a year to each of two constables or sergeants or policemen
of such city or corporation, to be paid them in lieu of all
fees for serving criminal process of any kind; which allow-
ance shall be paid out of the treasury.

11. A witness shall be entitled to receive for each day’s
attendance fifty cents, and where compelled to go out of his
county to place of trial, four cents for each mile gcing and
returning, and all necessary ferriage and tolls; where the
witness does not travel out of his county, he shall reccive
all necessary tolls and ferriage, and four cents for each mile
of travel over ten, to‘or from the place of trial. All allow-
ances to witnesses summoned on behalf of the common-
wealth, shall be paid by the treasurer of the county or cor-
poration in which the trial is had, and the amount so paid by
such treasurer shall be refunded him out of the state treasury
on a certificate of the court of the county, city, or town in
which the trial was had.

12. Any oflicer who inflicts stripes under a judgment of a
justice or court, shall receive fifty cents therefor out of the
state treasury.

CHAPTER XXVI.

TO PREVENT OBSTRUCTIONS TO HIGHWAYS, AND HINDRANCE TO
TRAVELERS.

Penalty for killing trees near highways, or obstructing roads,
bridges, &e.

1. Any person who shall kill a tree, or so cut or injure it
as to render it liable to fall, and leave it standing within the
distance of fifty feet from the road, or shall knowingly and
willfully, without lawful authority, break down, destroy, or
injure any bridge, bench or log placed across a stream for
the accommodation, or any sign-board, mile-stone or post for
the direction of travelers, or obstruct any road, or any ditch
made for the purpose of draining any such road, shall be
deemed guilty of a misdemeanor, to be punished by fine not
exceeding one hundred dollars.

Provision for passing on roads, &c.

2. Any driver of a vehicle meeting any other vehicle on
a road or bridge, shall seasonably drive to the right hand,
so that each may pass the other without interference; and
when a vehicle is overtaken by any other vehicle, the driver
of the former shall bear to the right, and the driver of the
latter shall bear to the left, until the latter shall have passed.
Any driver failing so to do, shall forfeit two dollars.
Fast driving and horse racing on highways.

3. Any person who shall drive or ride over a bridge faster
than a walk, shall forfeit five dollars.

4. If any horse race be run onany road, bridge or landing,
the rider of any horse in such race, the owner, if be assent
thereto, and every person who shall bet on the race, shall
pay a fine not exceeding one hundred dollars.

Construction of words “road,” “bridge,” and “landing.”

5. In this chapter, the construction of the word “road”
Bhall be, that it embraces any turnpike, state road, or county
road; of the word “bridge,” that it embraces any bridge of
the state, or a county, or any toll-bridge; and of the word
“landing,” that it embraces a county landing.

CHAPTER XXVII.
OF THE REPEAL OF ACTS INCONSISTENT WITH THIS ACT.

1. All the provisions of the preceding chapters shall be in
force from and after the first day of July next, and all acts and
parts of acts inconsistent with the provisions of this act,
are hereby repealed, with such limitations and exceptions as
are herein expressed.

2. Such repeal shall not effect any offence or act committed
or done, or any penalty or forfeiture incurred, or any right
established, accrued or accruing, before the said first day of
July next, or any prosecution, suit, or proceeding pending
on that day, except that the proceedings thereafter had,
shall conform, so far as practicable, to the provisions of this
act; and when any penalty, forfeiture, or punishment is
mitigated by those provisions, such provisions may, with the
consent of the party affected, be applied to any judgment to
be pronounced after the said day.