§ 129. When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel, or is concerned as second therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person, whereof he dies in this state, the jurisdiction of the offence is in the county where the death happened.

Same as 2 R. S., 3d ed. 746, sec 6.

§ 130. When an inhabitant of this state shall have left the same, for the purpose of eluding the operation of the provisions of the statutes relating to duelling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offence was committed, or in any county in which, in the opinion of the governor, the evidence can be most conveniently obtained and produced, to be designated by him by a written appointment, filed in the office of the clerk of that county.

Same as 2 R. S., 3d ed. 772, sec. 1-6.

§ 131. When a public offence is committed, partly in one county and partly in another, or the acts or effects. thereof, constituting or requisite to the consummation of the offence, occur in two or more counties, the jurisdiction is in either county.

Taken from the report of the Massachusetts Commissioners, ch. 3, sec. 4 See also 2 R. S., 3d ed. 813, sec. 47.

§ 132. When a public offence is committed on the boundary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county.

Same as 2 R. S., 3d ed., 813, sec. 45.

§33 When an offence is committed in this state, on board a vessel navigating a river, lake or canal, or lying therein in the prosecution of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates.

Same as 2 R S., 3d ed., 813, sec. 44. The words "or lying therein, in the prosecution of her voyage," are in conformity with the construction given to this section, by the supreme court, in The People v. Hulse, 3 Hill, 309.

§ 134. The jurisdiction of an indictment,

1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping him, with intent, against his will, to cause him to be secretly confined or imprisoned in this state, or to be sent out of the state, or to be sold as a slave, or in any way held to service, or of selling or in any manner transferring for a term the services or labor of a black, mulatto, or other person of color, forcibly taken, inveigled or kidnapped from this state, to any other state, place or country; or,

2. For decoying, or taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child; or,

3. For inveigling, enticing or taking away an unmarried female of previous chaste character, under the age of twenty-one years, for the purpose of prostitution:

Is in any county in which the offence is committed, or into or out of which the person, upon whom the offence was committed, may in the commission of the offence, have been brought, or in which an act was done by the defendant in instigating, procuring, promoting, aiding in or being an accessary to the commission of the offence, or in abetting the parties concerned therein.

This section is in conformity with the existing statutes, so far as relates to kidnapping. 2 R. S. 3d ed, 753, sec. 28, 29, 32, 33.

The same principle is applicable to decoying away children; and abduction. In the first of these cases, it has been recommended by the Massachusetts Commissioners. Ch. 3, sec. 11.

§ 135. When the offence either of bigamy or of incest is committed in one county, and the defendant is apprehended in another, the jurisdiction is in either county.

Same as 2 R. S. 3d ed., 773, sec. 10.

§ 136. When property feloniously taken in one county, by burglary, robbery, larceny or embezzlement, has been brought into another, the jurisdiction of the offence is in either county. But if, before the conviction of the defendant in the latter, he be indicted in the former [CRIM. CODE.]

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county, the sheriff of the latter must upon demand, deliver him to the sheriff of the former county, upon being served with a copy of the indictment, and upon a receipt endorsed thereon by the sheriff of the former county, of the body of the defendant; and is, on filing the copy of the indictment and the receipt, exonerated from all liability in respect to the custody of the defendant.

The first sentence of this section is in conformity with 2 R. S. 3d ed., 813, sec. 50. The second sentence is in accord- . ance with the decision of the supreme court, in The People v. Mason, 9 Wend. 505.

§ 137. In the case of an accessary after the fact in the commission of a public offence, the jurisdiction is in the county where the offence of the accessary was committed, notwithstanding the principal offence was committed in another county.

Same as 2 R. S. 3d ed., 813, sec. 48; except that it is confined to accessaries after the fact; the distinction between. an accessary before the fact and a principal being abolished by this code.

§ 138. When an act charged as a public offence, is within the jurisdiction of another state, country or territory, as well as of this state, a conviction or acquittal thereof in the former, is a bar to a prosecution or indictment therefor in this state.

Same as 2 R. S. 3d ed., 746, sec. 7.

§ 139. When an offence is within the jurisdiction of two or more counties, a conviction or acquittal thereof

in one county, is a bar to a prosecution or indictment

therefor in another.

Necessary to prevent two convictions for the same offence in different counties.

TITLE II.

OF THE TIME OF COMMENCING CRIMINAL ACTIONS.

SECTION 140. Prosecution for murder may be commenced at any time. 141. Limitation of two years, in indictments for personating another and marrying in such assumed character, and for abduction and seduction.

142. Limitation of three years, in all other cases.

143. Exception, when defendant is out of the state.

144. Indictment deemed found, when presented in court and filed.

§ 140. There is no limitation of time, within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed.

Same as 2 R. S., 3d ed, 812, sec. 37.

§ 141. An indictment for a public offence must be found within two years after its commission, in the following cases:

1. Falsely representing or personating any person, and in such assumed character marrying another:

2. Inveigling, enticing or taking away an unmarried female of previous chaste character, under the age of twenty-five years, for the purpose of prostitution:

3. Seducing and having illicit connection with an unmarried female of previous chaste character, under promise of marriage.