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Sec. 163. No indictment or other criminal process shall be abated or quashed for any want of form: provided it contain such allegations of the offence that the accused shall be able to plead and make defence thereto without prejudice to his rights, and to avail himself of any judgment that may be rendered thereon in case of a second complaint against him for the same offence; and every defect and want of substance in any such process may be amended and supplied with the consent of the accused. Sec. 164. If any prisoner on being arraigned for
offence shall stand mute, or not answer directly, or shall peremptorily challenge a greater number of the persons summoned as jurors than he is by law entitled to challenge, the plea of not guilty shall be entered on the record, the supernumerary challenges disregarded, and the trial proceed as if the prisoner had pleaded not guilty, and as if he had not made such challenges.
Sec. 165. When an indictment shall be found against any person for any offence and the petit jury shall not be satisfied that he is guilty of the whole offence, but shall be satisfied that he is guilty of so much thereof as shall substantially amount to an offence of a lower nature, the jury may find him guilty of such lower offence; and the court shall proceed to sentence such convict for the offence of which he shall be so found guilty.
Sec. 166. Every person who shall be convicted of any crime or offence before any court or magistrate, shall be liable to pay all the costs of his prosecution and conviction, and the payment of the same shall be a part of his sentence; and in case he shall be imprisoned he shall be kept in imprisonment until such costs are paid ; including also all costs of his commitment, unless upon application such costs shall be remitted by a justice of the supreme court or court of common pleas of the same county ; such justice being first satisfied that the prisoner is unable to pay such costs.
Sec. 167. The preceding section shall not apply to convicts sentenced to death or to be imprisoned in the state prison; in any such case the costs shall be paid by the state.
Sec. 168. Every person who shall be convicted before any court or magistrate of any crime or offence, and who shall be fined therefor, shall be committed to the jail in the same county, unless otherwise ordered, according to the provisions of the one hundred and twenty-seventh section, until such sentence be complied with in all its parts ; subject huw
ever to the provision respecting the remission of costs in the one hundred and sixty-sixth section of this act.
Sec. 169. Whenever any person under recognizance shall fail to perform the condition of his recognizance, his default shall be recorded, and process shall be issued against the persons bound in such recognizance, or such of them as the attorney general shall direct.
Sec. 170. Any person who shall be surety in any recognizance to keep the peace, or for the appearance of any person accused, or of any witness, or in any recognizance which shall be given on claiming an appeal, shall have the same power and authority over his principal as though he were bail for him in any civil cause; such surety may at any time surrender his principal to the court or magistrate who took such recognizance, or may commit him to the jail in the same county, leaving with the jailer a certified copy of such recognizance; and upon such surrender or commitment shall be discharged and exempt from all liability for any act of the principal subsequent thereto, which would have been a breach of the condition of the recognizance; and the person so surrendered or committed may be recognized anew with sufficient surety, and be in all respects dealt with in the like manner and with the same effect as though he had never given any recognizance in the case : provided, however, that in case any recognizance shall have been certified to some other court, the surrender shall be made to such court if in session.
Sec. 171. When complaint shall be made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that any money or other thing, the subject of larceny by the provisions of this act, has been stolen or embezzled, or obtained by false tokens or pretences, within this state or elsewhere, and that the complainant believes that the same is concealed in some house or place within the county where such complaint shall be made, and in such complaint particularly described, such magistrate, if he be satisfied that there is reasonable ground for such belief, shall issue his warrant directed to the sheriff, his deputy, or to either of the town sergeants, city sergeants or constables in said county, commanding them in the name of the state diligently to search the house or place therein described, in the day time, and to bring said money or thing stolen, if the same shall be found therein, and the person or persons in whose possession or custody the same shall be, before said magistrate or some other magistrate in the same county ; which warrant any such officer is hereby authorized and required to execute.
When any such warrant shall be returned executed, to any such magistrate, all the money or other things returned therewith shall be safely kept according to the direction of such magistrate, for the purpose of being used as evidence on any trial, and as soon as may be afterwards shall be restored to the owner or owners thereof.
Sec. 173. Whenever any such property so recovered shall be used as evidence in any criminal trial, all the costs of such search warrant, together with the costs of keeping such property, shall be taxed in the bill of cost; in all other cases the costs shall be paid by the state.
SEC. 174. Whenever any person shall be found within this state, charged with an 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 any executive of any other state or territory, any magistrate authorized to issue warrants in criminal cases may, upon complaint under oath, setting forth the crime or offence and such other matters as are necessary to bring the case within the provisions of law, issue his warrant to bring the person so charged before the same or some other magistrate within the state, to answer such complaint as in other cases.
Sec. 175. If upon the examination of any person so charged, it shall appear that there is reasonable cause to believe the complaint true, and that such person may be lawfully demanded of the executive of this state, he shall
, if not charged with an offence not bailable by such magistrate if committed within this state, be required to recognize in a reasonable sum with sufficient sureties to appear before such magistrate at some future day, allowing a reasonable time to obtain a warrant from the said executive, and to abide the order of such magistrate on such complaint. shall not so recognize, he shall be committed to jail, and be there detained until he give such recognizance, or until such day. And if the person so recognizing shall fail to appear according to the conditions of his recognizance, he shall be defaulted, and like proceedings shall be had as in case of other recognizances entered into before some magistrate ; but if such person shall be charged with an offence not bailable by such magistrate if committed within this state, he shall be committed to prison, and there detained until the day so appointed for his appearance before such magistrate. Yet in such case the said person shall be bailable in the same manner as he would be if such offence had been committed in this state.
If such person
Sec. 176. If the person so recognized or committed shall appear before such magistrate upon the day appointed, he shall be discharged unless he shall be demanded by some person authorized by a warrant of the executive to receive him : provided, however, that whether such person so charged be recognized, committed or discharged, any person authorized by a warrant from the executive of this state may at all times take him in custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.
SEC. 177. No warrant shall be issued in pursuance of the one hundred and seventy-fourth section of this act, until after the complainant shall have given recognizance with surety in such sum as the magistrate shall approve and direct, to pay all the costs that may accrue thereon, including the board of the person complained of, if committed to jail ; nor shall any such warrant supersede any arrest, either on civil or criminal process theretofore made, nor shall any arrest either on civil or criminal process theretofore made supersede any arrest made on any such warrant, or on any warrant issued by the executive of this state in such cases.
SEC. 178. When any person shall be sentenced to imprisonment in the state prison, the clerk of the court passing such sentence shall forthwith issue a warrant under the seal of the said court, directed to the sheriff or his deputy of the county wherein such court is held, reciting the sentence, and requiring said sheriff or deputy to take the said convict and him deliver to the warden of the said prison; and the said warden to receive said convict into his custody and him safely keep in said prison during the term specified in such sentence; and such warrant shall constitute the officer charged therewith, while he has the same in his possession for service, an officer in any county in this state into which it may be necessary for him to go, to all intents and purposes whatever.
Sec. 179. No person who shall be sentenced to imprisonment in the state prison shall have any power, during his imprisonment to make any will or any conveyance of his property, or of any part thereof.
Sec. 180. Whenever any person shall be imprisoned in the state prison for life, or for a term of seven years or more, any creditor of such person may apply to the court of probate of the town in which the said prisoner last lived and was domiciled, in this state, or in which he shall have any estate, that letters of administration may be granted on said estate to the next of kin to said prisoner, or to any disinter
ested person, during such imprisonment; and such court is hereby authorized and empowered, after giving notice to all persons interested, to grant such petition, and to do all other things required and authorized to be done in the settlement of a deceased person's estate : provided, however, that the bond given by such administrator shall secure to such prisoner, after he shall be discharged from the state prison, whatever shall remain of his estate after payment of the debts of such prisoner, the expenses of settling his estate, and of such sums as the said court of probate may, from time to time, direct or allow for the support of the family of such prisoner; but in case of imprisonment for life, such prisoner's estate shall be divided among the heirs at law, and distributed in the same way as though he were dead.
Sec. 181. Any administrator who shall be appointed in pursuance of the next preceding section shall have the same powers, be subject to the same liabilities, and discharge the same duties, as administrators of deceased persons' estates.
An Act in relation to the Officers and Discipline of the State
SECTION 1. Management of prison to be in seven 20. Powers, duties and compensation of
inspectors, appointed by general as physician. sembly.
21. Same subject. 2. Meetings of inspectors to be quarter 22. Same subject.
yearly, or special-when holden, how 23. Same subject. called, quorum, and proceedings of– 24. No prisoner to be dismissed from state
one inspector to visit prison weekly. prison when sick except on his request. 3. Board to appoint warden and physi. 25. Persons licensed by inspectors may
cian-powers and duties of the board. give moral and religious instruction to 4. Same subject.
convicts. 5. Powers, duties and compensation of 26. Religious exercises may be held in the warden.
corridor. 6. Same subject.
27. Every cell to be furnished with a bible. 7. Same subject.
28. Official visitors, who. 8. Same subject.
29. No person not an official visitor to visit 9. Same subject.
prison without a written permit from 10. Same subject.
an inspector. 11. Same subject.
30. No person to receive or deliver any 12. Warden of state prison to be keeper of message from a prisoner, not author
ized by the rules of the prison. 13. Fees as keeper to be credited the state. 31. Convicts to be clothed in the uniform 14. Duty of keeper of jail in relation to of the prison—to be examined by the prisoners temporarily committed to his officers on entrance into the prison.
32. The effects of a convict to be taken 15. Warden's office being vacant, sheriff
from him and kept till his discharge. of Providence county to be ex officio 33. Inspectors to determine the uniform of warden.
prisoners. 16. Duties, powers and compensation of 34. No convict to receive any thing but underkeepers.
prison allowance, except by order of 17. Same subject.
the physician. 18. Same subject.
35. Penalties imposed by this act how re19. Same subject.