CHAP. 169. plaint, and commanding the officer to whom the same may be directed, forthwith to arrest the person complained of, and bring him before such magistrate or court, having jurisdiction of the case. In certain ca- SECT. 5. When the person, complained of, is brought before ses, sureties required, for the magistrate, he may be required, after his defence has been heard, keeping the to enter into a recognizance with sufficient sureties, in such sum as peace, &c. without binding shall be ordered, to keep the peace towards all the people of the to appear at any state, and especially towards the person requiring the security, for such term as the magistrate may order, not exceeding one year, but shall not be bound over to any court, unless he is also charged with some specific and other offence, for which he ought to be held to answer at such court. court. 1821, 76, § 1. 1 Fairf. 325. Party to be dis- On refusal, to jail, but still en titled to a hear ing on his ap- Proceedings, if the complaint be not sustain malicious or frivolous. When party, complained of, shall pay costs. Appeal, to the next district court. Proceedings upon the ap peal. Consequences, fail to prose cute. SECT. 6. If the person complained of shall comply with the order of such magistrate, he shall be discharged. SECT. 7. If the person shall refuse or neglect so to recognize, the magistrate shall commit him to the county jail during the period for which he was required to find sureties, or till he shall so recognize; and the magistrate shall state in the warrant the cause of commitment, and also the time and the sum for which security was required. The magistrate shall also return a copy of the warrant to the district court, next to be holden in the same county, and such court shall have cognizance of the case in the same manner, as if the party accused had appealed to said court. SECT. 8. When the magistrate, on examination of the facts, shall not be satisfied, that there is just cause to fear the commission of any such offence, he shall immediately discharge the party complained of; and, if the magistrate shall judge the complaint unfounded, malicious or frivolous, he may order the complainant to pay the costs of prosecution, who shall thereupon be answerable to the magistrate and officer for their fees, as for his own debt. SECT. 9. When the person complained of is required to give security for the peace, or for his good behavior, the court or magistrate may further order, that the costs of prosecution, or any part thereof, shall be paid by such person, who shall stand committed until such costs are paid, or he is otherwise discharged. SECT. 10. Any person, aggrieved by the order of such judge of a municipal or police court, or justice of the peace, in requiring him to recognize as aforesaid, may, on giving the security required, appeal to the next district court in the same county. SECT. 11. When an appeal is taken from an order of such justice or court, the magistrate shall require such witnesses, as he may think necessary, to recognize for their appearance at the court appealed to; and such court may affirm the order of the judge or justice, or discharge the appellant, or require him to recognize anew with sufficient sureties, as the court may deem proper; and make such order as to the costs, as may be deemed reasonable. SECT. 12. If the appellant shall fail to prosecute his appeal, if the appellant his recognizance shall remain in full force, as to any breach of the condition, without an affirmation of the judgment or order, and stand as a security for any costs, which may be ordered by the court to be paid by the appellant. Recognizance SECT. 13. Any person committed for not finding sureties or refusing to recognize, as required by the court or magistrate, may CHAP. 169. be discharged by any judge or justice of the peace, on giving such may be taken security, as was required. after commit ment. SECT. 14. Every recognizance, taken pursuant to the foregoing Return of such provisions, shall be transmitted to the district court, on or before the recognizance. first day of the next ensuing term, and shall there be filed by the clerk, as of record. trate may require sureties, SECT. 15. Whoever, in the presence of any magistrate, men- When magistioned in the second section of this chapter, or before any court of record, shall make any affray or threaten to kill or beat another, or without a forcommit any violence against his person or property, or shall con- &c. mal complaint, tend, with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize for keeping the peace, or being of the good behavior for a term, not exceeding three months, and, in case of refusal, may be committed to prison as before directed. reasonable cause. SECT. 16. Any person, going armed with any dirk, dagger, Persons going sword, pistol, or other offensive and dangerous weapon, without a armed, without reasonable cause to fear an assault on himself, or any of his family or property, may, on the complaint of any person having cause to 1821, 76, § 1. fear an injury or breach of the peace, be required to find sureties. for keeping the peace for a term, not exceeding one year, with the right of appeal as before provided. to remit the SECT. 17. In a suit, on such recognizance taken in a criminal Power of court, case, if a forfeiture is found or confessed, the court, on petition, penalty of a remay remit the penalty, or such part of it as they may think proper, cognizance. 1821, 50, § 4. on such terms as they may think right. SECT. 18. Any surety in a recognizance may surrender the Sureties on reprincipal in the same manner, as if he had been his bail in a civil cognizances cause, and, on such surrender, shall be discharged from all liability their principals for any act of the principal after such surrender, which would be a bail in civil acbreach of the recognizance; and, upon such surrender, the princi- tions. pal may recognize anew with sufficient surety or sureties for the residue of the term, before any justice of the peace, and shall thereupon be discharged. may surrender as in case of CHAPTER 170. OF THE POWER AND PROCEEDINGS OF JUSTICES OF THE PEACE IN SECT. 1. Justices may require aid, on view, SECT. 6. Duty of justices, as to arrests, and without a warrant. 2. Their jurisdiction. 3. When a justice shall issue his war rant. 4. Examination, on trial, of the party' 5. Of commitment or binding over to examinations into treasons, felon- 7. Trial and sentence within their ju- 8. Respondent may appeal; but re- 9. To carry up copies of the case. CHAP. 170. SECT. 10. Proceedings, if he do not prose- SECT. 13. Power to issue search warrants. Justices may view, without a warrant. SECTION 1. Every justice of the peace, may, as a conservator require aid, on of the peace, upon view of any affray, riot, assault or battery, within his county, without any warrant in writing, command the assistance of any sheriff, deputy sheriff or constable, and of all other persons present, for suppressing the same, and arresting all who are concerned therein, as provided in this chapter. 1821, 76, § 1. Their jurisdic tion. 1821, 76, § 2. When a justice shall issue his warrant. 1823, 235, § 1. 16 Pick. 211. Examination, or trial of the par1821, 76, § 1. ty accused. Of commit SECT. 2. Every justice of the peace, within his county, may punish by fine, not exceeding ten dollars, all assaults and batteries and other breaches of the peace, declared criminal by any statute or town by law, when the offence is not of a high or aggravated nature; and cause to be stayed and arrested all affrayers, rioters, disturbers and breakers of the peace, and all who go armed offensively to the terror of the people, and such as utter threatening speeches, or are otherwise disorderly and dangerous. SECT. 3. When complaint shall be made in due form to any justice of the peace, alleging any offence to have been committed, and praying for a warrant to be issued against the person charged, the justice shall carefully inquire of the complainant on oath, into the circumstances of the case; and, if he shall be satisfied that the person charged committed the offence alleged, he shall issue his warrant. SECT. 4. All persons arrested by process, conformable to the provisions of the constitution, for any of the offences before mentioned, shall be examined by the judge or justice before whom they are brought, and may be tried by him; and, if found guilty, may be required to find sureties for keeping the peace, and be further punished by fine, as before provided. SECT. 5. When the offence is of a high and aggravated nature, ment, or bind- the persons, thus arrested and in custody, may be committed or bound over for trial to the court, by law having jurisdiction of the case, as is provided in the one hundred and sixty sixth chapter. ing over to a higher court. 1821, 76, § 1. Duty of justices, as to ar rests, and ex treasons, felon- SECT. 6. Every justice shall cause to be arrested, on proper complaint, all persons, found within his county, charged with any aminations into offences, and all persons who, after committing any offence within the county, shall out of the same. escape He shall also examine into all treasons, felonies, high crimes and misdemeanors, and commit or bind over for trial, all persons who appear to be guilty thereof. SECT. 7. He may also try all offences within his jurisdiction, their jurisdic- committed in his county, and sentence all persons convicted thereof, according to law, notwithstanding there may be a penalty accruing, in whole or in part, to his own town. 11 Mass. 337. Trial and sentence within tion. 1821, 76, § 1. Respondent may appeal, but required to re- 1 Greenl. 230. SECT. 8. Any person, aggrieved at the sentence of any justice of the peace, or judge of a municipal or police court, may appeal therefrom to the next district court, to be holden in the same County; and the justice or judge shall grant the appeal, and order him to recognize in a reasonable sum, not less than twenty dollars, with sufficient sureties for his appearance, and for prosecuting his appeal; and he shall stand committed till the order is complied CHAP. 170. with. he do not prosecute his ap SECT. 9. He shall be held to produce a copy of the whole pro- To carry up cocess, and of all writings filed before the justice, at the district court. pies of the case. SECT. 10. If he shall not prosecute his appeal, and produce Proceedings, if the copies as aforesaid, his default shall be noted their record; upon and the court may order the case to be laid before the grand jury, peal. or may issue an attachment against the body of such appellant and 1821, 76, § 3. bring him into court, and may then affirm the sentence of the justice, with all additional costs. witnesses. 1921, 76, § 6. SECT. 11. Any justice may issue summonses for witnesses to Summoning of appear before any judicial court or before himself, or any other justice, in any criminal case; but not for witnesses on the part of the state, except to appear before himself, without the consent of the attorney general or county attorney. to administer SECT. 12. Every justice of the peace may administer oaths in Justices' power all cases in which an oath may be required, unless a different pro- to ad vision shall be made by law. rants. SECT. 13. Any justice of the peace, or other magistrate author- Power to issue ized to issue warrants in criminal cases, may, within the limits of search warhis jurisdiction, issue his warrant to search any house or place for property stolen, embezzled, or obtained by false tokens or pretences, or for forged and counterfeit coins, bank bills, or other writings, or for any tools, machines, or materials, used or designed for making the same, or for any dead body, unlawfully disinterred, carried away, and concealed, and in other cases, and for persons, when such search is authorized by law; which search warrant shall be issued according to the principles and provisions in the three following sections, and not otherwise. cation. SECT. 14. The application or complaint for a search warrant, Form of applimade to the justice or magistrate, shall be in writing, signed by the 13 Mass. 236. complainant, and verified by his oath or affirmation. It shall specially designate the house or place to be searched, and the owner or occupant thereof, and the person or thing to be searched for, and shall also substantially allege the offence committed in relation to such person or thing, and that the complainant has probable cause to suspect, and does suspect that the same is concealed in the house or place designated as aforesaid. rant. SECT. 15. Such justice or magistrate shall thereupon issue his Form of warwarrant, under his hand and seal, and direct the same to a proper officer, or to any other person by name, for service; and it shall contain a recital of all the essential facts alleged in the complaint, and may be made returnable before the justice or magistrate issuing the same, or before any other justice or magistrate, before whom shall also be directed to be brought, the person or thing searched for, if found, and the person in whose possession or custody the same may be found, to be dealt with according to law. When search the night time. SECT. 16. Such warrant shall not authorize the person executing it to search any dwelling house in the night time, unless the may be made in justice or magistrate shall be satisfied that it is necessary in order to prevent the escape or removal of the person or property to be searched for, and unless such authority shall be distinctly expressed and given in the warrant. CHAP. 171. Processes to be tain magis trates. CHAPTER 171. OF COMMENCEMENT OF PROCEEDINGS IN CRIMINAL CASES. SECT. 1. Processes to be issued by certain SECT. 17. When to be committed or bailed, magistrates. 2. Origin of proceedings by com- 3. Party accused may be pursued in- 4. Power of justices in such other 5. The same to be returned to the 6. If no bail be given, prisoner to be 7. Also, if the offence be punishable 8. When examination may be before 9. Adjournment of examination. 10. Proceedings, if party fail to ap or tried. 18. Witnesses to recognize to appear at court. 19. To recognize with sureties, if required. 20. To be committed, on their refusal. 21. How married women and minors may be bound to appear. 22. Bail may be taken after commit. ment. 23. Justice may associate another justice with him. 24. Examinations and recognizances to be returned to the county attorney, or clerk. 25. Prosecutions may be discontinued in certain cases, after restitution made for private injuries. 26. Discharge in such case to be pre- 27. Remedy on recognizances. 30. Certain forms in proceedings 31. Traverse juries, in certain cases, may be summoned at a law term. SECTION 1. The justices of the supreme judicial court and of issued by cer- the district court, the judges of municipal courts, police courts and justices of [the] peace in their respective counties, as well in vacation as term time, for the apprehension of persons charged with offences, are authorized to issue process, to carry into effect the provisions of this chapter. Origin of proceedings, by warrant. 1823, 235, § 1. 1 Fairf. 473. SECT. 2. When a complaint is made to any judge of a municiComplaint and pal or police court, or justice of the peace, that a criminal offence has been committed, he shall examine the complainant on oath, and any witnesses he may produce; and, if it shall appear that any such offence has been committed, and that there is reason for believing the person charged to be guilty, the court or justice shall issue a warrant, stating the substance of the charge, and requiring the officer to whom it is directed, forthwith to arrest the person accused, and bring him before such court or justice, or some other magistrate of the county, to be dealt with according to law; and, in the same warrant, may require the officer to summon such witnesses as shall be therein named, to appear and give evidence on the examination. SECT. 3. When a person, against whom a warrant has been issued for an alleged offence, committed in any county, shall, before or after issuing the warrant, have removed or escaped from or be Party accused may be pursued into other counties. |