Proceedings on forfeiture.

Sheriff to execute sentence.

Ibid.

Person convicted

of capital offence

to hard labor in

for any time not exceeding two years, and to stand committed until he shall so recognize.

(6105.) SEC. 6. In case of a breach of the condition of any such recognizance, the same proceedings shall be had as are prescribed in relation to recognizances to keep the peace in other cases.

(6106.) SEC. 7. When any person, convicted of an offence, shall be sentenced to pay a fine or costs, or to be imprisoned in the County jail, the Clerk of the Court shall, as soon as may be, make out and deliver to the Sheriff of the County, or some officer in Court, a transcript from the minutes of the Court, of the conviction and sentence, duly certified by such Clerk, which shall be sufficient authority for the Sheriff to execute such sentence, and he shall execute the same accordingly.

(6107.) SEC. 8. When any convict shall be sentenced to imprisonment in the State prison, the Clerk of the Court before whom such conviction was had, shall make out a warrant, under the seal of the Court, directed to the Sheriff of the County, requiring him to cause such convict, without needless delay, to be removed from the County jail to the State prison, which warrant shall be delivered to such Sheriff, and be obeyed by him, and shall be accompanied by a certified abstract from the minutes of the Court, of such conviction and sentence as aforesaid.

(6108.) SEC. 9. When any person shall be convicted of any to be sentenced crime punishable with death, and sentenced to suffer such State Prison, un- punishment, he shall, at the same time, be sentenced to hard labor in the State prison until such punishment of death shall be inflicted.

til, etc.

Person sentenced

to death not to

within one year, etc.

(6109.) SEC. 10. And no person, so sentenced and imprisbe executed oned, shall be executed in pursuance of such sentence within one year from the day such sentence of death was passed, nor until the whole record of the proceedings shall be certified by the Clerk of the Court in which the conviction was had, under the seal thereof, to the Governor of this State, nor until a warrant shall be issued by the Governor, under the great seal of the State, directed to the Sheriff of the County in which the State prison may be situated, commanding the said sentence of death to be carried into execution.

Punishment of death to be in

(6110.) SEC. 11. The punishment of death shall, in every flicted by hang case, be inflicted by hanging the convict by the neck until he is dead; and the sentence shall, at the time directed by the

ing.

warrant, be executed within the walls of the State prison, or within the enclosed yard thereof.

present at execu

may be present.

(6111.) SEC. 12. The Sheriff of the County shall be present Sheriff. etc., to be at the place of execution, unless prevented by sickness or tion; who else other casualty, and also two of his deputies, designated by him; and he shall request the presence of the Prosecuting Attorney, and twelve respectable citizens, including a surgeon or physician, and shall permit the counsel of the prisoner, and such ministers of the gospel as the criminal shall desire, and his relations, to be present, and also such officers of the prison, deputies, Constables, and military guard, as he may see fit, but no others.

on Warrant for

(6112.) SEC. 13. Whenever a Sheriff shall inflict the punish-Sheriff's return ment of death upon any convict, in obedience to a warrant execution. from the Governor, he shall make return thereof, under his hand, with his doings thereon, to the office of the Secretary of State, as soon as may be; and shall also transmit to the Clerk of the Court in which the conviction was had, an attested copy of the warrant and return thereon; and the Clerk shall place the same on file, with the indictment, and subjoin to the record of the sentence, a brief abstract of the Sheriff's return on the warrant.

An Act to Provide for the Trial of Civil Causes in the Circuit Court by Jury.

[Approved March 28, 1850. Laws of 1850, p. 157.]

SECTION 1, 2. (a)

Supreme Court

es authorized to

ment upon per

Courts held by

(6113.) SEC. 3. The Justices of the Supreme Court, or either Justices of the of them, or either of the several Circuit Judges in the and Circuit Judg respective Circuits of this State, are hereby authorized and pronounce judg empowered to pronounce judgment against, and pass sentence sons convicted in upon, all persons heretofore convicted, or that may hereafter them. be convicted in any Court held by said Justices, or Judges, or either of them, for any offence heretofore committed, or that may be hereafter committed, against the laws of this State: Provided, That such sentence shall, in no case or respect, be greater than the penalty now, or that may be prescribed by law. (b)

(a) These Sections have been substantially re-enacted, and are given elsewhere.

(b) As amended by "An Act to Amend Section Three of An Act to Provide for the Trial of Civil Causes in the Circuit Court by Jury, Approved March 28, 1850." Approved and in force June 26, 1851. Laws of 1851, p. 272.

Mass. R. S., Ch. 142.

Search Warrant

for property stolen.

Chapter One Hundred and Seventy of Revised Statutes of 1846.

(6114.) SECTION 1. When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases, that personal property has been stolen or embezzled, or obtained by false tokens or pretences, and that the complainant believes that it is concealed in any particular house or place, such magistrate, if he be satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property.

(6115.) SEC. 2. Any such magistrate may also, upon like complaint made on oath, issue a search warrant, when satisfied that there is reasonable cause, in the following cases, to wit:

1. To search for and seize any counterfeit or spurious coin, forged bank notes, or other forged instruments, or any tools, machines, or other materials, prepared or provided for making either of them;

2. To search for and seize any books, pamphlets, ballads, printed papers, or other things containing obscene language,

or obscene prints, pictures, figures or descriptions, manifestly tending to corrupt the morals of youth, and intended to be sold, loaned, circulated or distributed, or to be introduced into any family, school or place of education;

3. To search for and seize lottery tickets, or materials for a lottery, unlawfully made, provided or procured for the purpose of drawing a lottery;

ed; Execution of

4. To search for and seize any gaming apparatue, or implements used, or kept and provided to be used in unlawful gaming, in any gaming house, or in any building, apartment, or place resorted to for the purpose of unlawful gaming. (6116.) SEC. 3. All search warrants shall be directed to the To whom directSheriff or any Constable of the County, commanding such officer to search, in the day time, the house or place where the stolen property, or other things for which he is required to search, are believed to be concealed, which place, and the property or things to be searched for, shall be designated and described in the warrant, and to bring such property or other things before the magistrate issuing the warrant.

time when al

(6117.) SEC. 4. If there be positive proof that any property, Search in night stolen or embezzled, is concealed in any particular house or lowed. place, or that any such other things are then in any particular house or place, the warrant may authorize the searching of such house or place in the night time.

how kept and

(6118.) SEC. 5. When any officer in the execution of a search Property seized warrant, shall find any stolen or embezzled property, or shall used, etc." seize any of the other things for which a search warrant is allowed by the provisions of this chapter, all the property and things so seized shall be safely kept, by the direction of the Court or magistrate, so long as shall be necessary for the purpose of being produced or used as evidence on any trial; and as soon as may be afterwards, all such stolen or embezzled property shall be restored to the owner thereof, and all the other things seized by virtue of any such warrant, shall be destroyed under the direction of the Court or magistrate.

appoint Agents to

of Foreign Gov

(6119.) SEC. 6. The Governor of this State may, in any case Governor may authorized by the Constitution and laws of the United States, demand Fugitives appoint agents to demand of the Executive authority of any ernments. other State or Territory, or from the Executive authority of any foreign government, any fugitive from justice, or any person charged with treason; and the accounts of the agents appointed for that purpose, shall, unless otherwise directed

Refugees in this
State.

Ibid.

Persons who may

be demanded by

be arrested.

by the Governor, be audited by the Auditor General, and paid out of the State Treasury. (a)

(6120.) SEC. 7. Whenever a demand shall be made upon the Governor of this State, by the Governor of any other State or Territory, in any case authorized by the Constitution and laws of the United States, for the delivery over of any person charged in such State or Territory, with treason, felony, or any other crime, the Attorney General when required by the Governor, shall forthwith investigate the grounds of demand, and report to the Governor all material facts which may come to his knowledge, as to the situation and circumstances of the person so demanded, and especially whether he is held in custody, or is under recognizance to answer for any offence against the laws of this State, or of the United States, or by virtue of any civil process, and also whether such demand is made conformably to law, so that such person ought to be delivered up.

(6121.) SEC. 8. If the Governor shall be satisfied that the demand is conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the State, authorizing the agents who make such demand, either forthwith, or at such time as shall be designated in the warrant, to take and transport such person to the line of this State, at the expense of such agents, and shall also by such warrant require the civil officers within this State, to afford all needful assistance in the execution thereof.

(6122.) SEC. 9. Whenever any person shall be found within other States, may this State, charged with any offence committed in any other State or Territory, and liable by the Constitution and laws of the United States to be delivered over upon the demand of the Governor of such other State or Territory, any Court or magistrate authorized to issue warrants in criminal cases, may, upon complaint on oath, setting forth the offence, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same or some other Court or magistrate, within this State, to answer to such complaint as in other

Required to recognize, etc.

cases.

(6123.) SEC. 10. If, upon the examination of the person charged, it shall appear to the Court or magistrate that there

(a) As Amended by "An Act to Amend Section Six, Chapter One Hundred and Seventy, of the Revised Statutes of 1846." Approved and in force, January 10, 1853. Laws of 1853, p. 1.