the magistrate shall certify to said court as soon as may be. But if the said offence be not bailable by such magistrate, the accused shall forthwith be committed to the jail, in the same county, there to remain until he be discharged by order of law.

SEC. 143. In every case in which any such magistrate shall require the accused to give recognizance for his appearance before some court, and in which he shall not give such recognizance, the accused shall be forthwith committed to the jail in the same county, there to remain until he shall give such recognizance or be discharged by order of law.

SEC. 144. Any magistrate may adjourn any trial or examination pending before himself from time to time, not exceeding ten days at any one time, except with the consent or at the request of the accused, and to the same or to a different place in the same county. If in such a case the accused be charged with any offence not bailable by such magistrate, he shall in the meantime be committed to the jail in the same county; otherwise he may be recognized in a sum and with a surety to the satisfaction of such magistrate, for his appearance for such further examination, and for want of such recognizance may be committed to said jail.

SEC. 145. If the person recognized as in the next preceding section mentioned shall not appear according to the condition of such recognizance, the magistrate shall record the default and certify the recognizance with the record of the default, to the court of common pleas in the same county.

SEC. 146. Whenever any person charged with treason against this state, murder, arson, rape, robbery, burglary, perjury, or subornation of perjury, shall be recognized or committed for trial at a higher court by any magistrate, such magistrate shall also bind, by recognizance, such witness or witnesses as he shall deem material, to appear and testify at such court; and may also require any such witness to give surety to be bound with him for his appearance at such court, in case he shall deem it necessary to ensure the attendance of any such witness; and the supreme court and the several courts of common pleas may, in their discretion, require any witness before them, in any criminal matter, to recognize with or without surety, for his appearance to testify at any future time in the same cause.

SEC. 147. Every witness who shall refuse to comply with the order of either of said courts or of any magistrate requiring him to give recognizance, whether with or without surety, shall be committed to the jail in the same county, there to re

main till he give such recognizance or be discharged by order of law.

SEC. 148. Whenever there shall be any indictment or information pending either before the supreme court or any court of common pleas for any crime or offence, unless it be treason against this state, murder, robbery, rape, arson, burglary, perjury, or subornation of perjury, it shall and may be lawful for any justice of the court before which the same shall be pending, at the request either of the attorney general or of the accused, to take the deposition of any witness, to be used as evidence on the trial of such indictment or information. Any such deposition taken and returned by any such justice, with the formalities required in the taking and returning of depositions in civil causes, shall and may be used in the cause for which the same shall be taken: provided the deponent shall not be within the jurisdiction of the court at the time of such trial and provided further, that in case the accused shall at the time of taking such deposition be confined in jail on said charge, such deposition shall be taken in his presence in said jail, unless the person giving such deposition shall by reason of sickness be unable to come to said jail; in which case the justice taking such deposition may cause such accused to be brought before him, at the time and place appointed for taking the same, by the jailer having him in custody, if said accused be committed for no other cause, and to be returned again to jail after such deposition shall be taken; and the same fees shall be allowed for taking such depositions as are allowed for taking depositions in civil cases.

SEC. 149. When any person shall be committed to jail or shall be under recognizance to answer any charge of assault or battery, or both, or for any threat of committing any offence against the person or property of another, if the party injured or threatened shall appear before the magistrate who issued the warrant of commitment or took the recognizance, and acknowledge in writing that he has received satisfaction of the injury, or has ceased to fear the execution of the threat, such magistrate may in his discretion, upon payment of all costs that have accrued, including the board of the prisoner in jail, if committed, discharge the recognizance or supercede the commitment by an order under his hand; which order shall be filed with the recognizance or recorded in the jail book, as the case may require; and may also discharge all recognizances and supercede the commitment of every witness in the case. Every such order shall forever bar all remedy by civil action for such injury.

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SEC. 150. Any person who shall be aggrieved at any sentence of any magistrate pronounced against him, or any complaint for threats, assault or battery or both, or for theft, or for any offence which is or shall be within the jurisdiction of such magistrate to try and determine, may appeal from such sentence to the court of common pleas then next to be holden in the same county, after ten days: provided such appeal be prayed at the time of passing such sentence; and upon such prayer the appellant shall be required to give recognizance in such sum as such magistrate shall direct, and with surety to the satisfaction of such magistrate, conditioned, that he will file his reasons of appeal, together with a copy of the whole case in the court appealed to, on or before the second day of the next term thereof as aforesaid, that he will appear before said court and there prosecute his appeal with effect, and abide or perform the order or sentence of said court in said case, and that he will in the meantime keep the peace towards all the people of this state; which recognizance such magistrate shall forthwith certify to said court of common pleas; and upon the neglect of such appellant to give such recognizance, he shall forthwith be committed to the jail in the same county, there to remain until he give such recognizance or be discharged by order of law. And said appeal shall be there heard and tried, and the judgment or sentence of said court therein shall be final.

SEC. 151. The justices of the supreme court throughout the state, the justices of the several courts of common pleas throughout their respective counties, and the wardens in the town in which they are chosen by law throughout their respective towns, shall have the same powers in criminal cases that justices of the peace have in their respective counties.

SEC. 152. Whenever any magistrate in any county shall issue his warrant against any person charged with an offence committed within such county, and such person so charged as aforesaid shall escape into, reside or be in any other county, such magistrate may direct said warrant to each and all sheriffs, deputy-sheriffs, town sergeants and constables within this state, requiring them to apprehend such person and him bring before such magistrate, to be dealt with according to law.

SEC. 153. Any court in any county before which an indictment shall be found against any person for an offence committed or triable within such county, may, if such person shall escape into, reside or be in any other county, issue a capias directed to each and all officers as aforesaid, requiring

them to apprehend such person and him bring before said court, if said court at the time of the service of said capias shall still be in session; if not, then to commit him to jail in the county in which such indictment is pending, there to be kept until he shall give recognizance before some magistrate of the same county with sufficient sureties, in the sum named in said capias, if any sum be named therein, and if not, then in such sum as the magistrate shall deem reasonable, if the offence be bailable, to appear before the said court in said county, on the second day of the term next after the giving of such recognizance, to answer to said indictment; which recognizance shall be returned by said magistrate unto the clerk of the said court; or the prisoner may give such a recognizance while in the custody of the officer before he is committed to jail; and thereupon the officer shall discharge him from his custody.

SEC. 154. The officers to whom such warrant or capias shall be directed, are hereby required to obey and execute the same. And any person who shall obstruct or assault any such officer while in the execution of his said office, shall be liable to the penalty prescribed in the fifty-ninth section of this act.

SEC. 155. Any person who shall be aggrieved by any sentence of any court of common pleas, pronounced against him in any criminal prosecution originally commenced and prosecuted before such court, may appeal from such sentence to the supreme court at their next term, to be holden within and for the same county, where the cause shall be duly heard as if such prosecution had been commenced before said supreme court: provided such appeal be prayed at the time of passing such sentence: and upon such prayer the appellant shall enter into recognizance with two good and sufficient sureties, in such sum as the said court shall direct for his appearance before said supreme court, and for the prosecution of his appeal with effect, and to abide by and to perform what said court shall enjoin thereon, and to be of good behaviour in the mean time; which recognizance the clerk of said court of common pleas shall immediately certify to said supreme court; and upon the neglect of the appellant to give such recognizance, he shall forthwith be committed to the jail in the same county, there to remain till he give such recognizance, or be discharged by order of law. And every person appealing from any such sentence, shall file his reasons of appeal with the clerk of the said supreme court appealed to, ten days

before the sitting of such court, and also an attested copy of the whole case.

SEC. 156. If any appellant shall fail to enter or prosecute his appeal he shall be defaulted on his recognizance, if any was taken; and the court appealed to may award sentence against him for the offence whereof he was convicted, in like manner as if he had been convicted thereof in that court, and make such further order in the premises as they would or might have made had said appeal been entered and prosecuted in said court; and if he be not then in custody, process may be issued to bring him into court to receive sentence.

SEC. 157. No person accused of any offence for which by this act he may be sentenced to death, to imprisonment for life, or for a term of seven years, shall be tried except by the supreme court.

SEC. 158. No person accused of treason against this state, murder, robbery, rape, arson, or burglary, shall be bailed except by the supreme court or one of the justices thereof.

SEC. 159. Every person who shall be imprisoned upon suspicion of having committed either of the crimes in the next preceding section mentioned, shall be bailed or discharged, if not indicted at the second term of said supreme court after such commitment. Every person who shall be indicted for either of said crimes and shall be imprisoned under the indictment, shall be tried or bailed at the term of said court next after that at which he shall plead to said indictment, if he demand a trial, unless it shall appear to the court that some material witness in behalf of the state has either been enticed away or is prevented from attending court by some unavoidable accident. Upon the trial of any such person he shall be allowed to challenge peremptorily twenty of the persons summoned as jurors, and no more.

SEC. 160. No person, except upon indictment found by a grand jury, shall be put on trial for any crime or offence before the supreme court or either of the courts of common pleas in this state, except in case of an appeal from the sentence of some magistrate.

SEC. 161. All indictments for any crime or misdemeanor committed on the waters of the Narragansett bay, shall be triable in any county, at the discretion of the attorney general.

SEC. 162. Every person who shall be accused of any offence shall be proceeded against in the county in which the offence shall be alleged to have been committed, and not elsewhere, except in the cases in which special provision is or shall be made to the contrary.