CHAP. 152. urer, to give notice of such delinquency to the county attorney, who shall sue for the same in an action of debt, in the name of such treasurer, to the use of the state or county. Officers receiv- receipts to the SECT. 21. Every sheriff or other officer, to whom any warrant of distress, or other process shall have been committed for the tion, to produce recovery of any such fine, forfeiture or costs, by the clerk of either of said courts, shall be held at the next session of the same court in the same county, to produce thereto a receipt in full for the same, or to assign a satisfactory excuse for not doing so; in case of delinquency, the court shall order a prosecution to be commenced for the same by the county attorney. court, or give a good excuse. 1821, 82, § 3. Justices of the peace to aecount for and &c. to treasur er of county or SECT. 22. Every justice of the peace shall be held to render an account of, and pay over all fines and forfeitures, by him received pay over fines, upon convictions and sentences before him, whether accruing to the state or the county, to the treasurer of the county; and, in cases where they accrue to the town, to the treasurer of the town, within six months after he shall have received the same; in case of any neglect, he shall forfeit and pay, in each instance, double the amount, to be recovered in the same name, as is provided in the twentieth section, in cases where they accrue to the state or county; and, in cases where said fines accrue to the town, in action of debt, by the treasurer of the town. County treasur with state treasurer. 1821, 82, § 5. SECT. 23. The county treasurer shall make out his account of ers to account all bills of costs, allowed and taxed against the state by the judicial courts in his county, and give credit for all fines, forfeitures and costs accruing to the state by him received, and pay over the net balance thereof to the state treasurer, if any be due to the state; or, if otherwise, receive such balance from the state treasurer in the manner, and under the penalties, provided in the fourteenth and twentieth sections of chapter, twelve. Fees allowed to individuals must be claimed within three years. 1821, 82, § 7. County treasur the governor, SECT. 24. All sums, allowed to any person as fees, or for expenses in any criminal prosecution, and which are chargeable to the state, and payable from the county treasury, may be claimed by any such person of the county treasurer, at any time within three years next after the same were taxed and allowed, and not afterwards. SECT. 25. Every county treasurer in his general account, which er to account to he is required to render to be transmitted to the governor and council, pursuant to the twenty third section of chapter, twelve, shall credit the state with all such sums of money remaining unclaimed, as mentioned in the preceding section; and also with all sums taxed in any bill of costs, in a criminal prosecution, for the fees of the attorney general or county attorney, when no other person is entitled thereto; and the amount of such sums shall be deducted from the county treasurer's account against the state. &c. for unclaimed moneys, and for fees allowed the attorneys for the state. 1821, 82, § 7. County treasur er to account to the county for jury fees, and for jailer's charges, &c. 1821, 82, § 7. SECT. 26. Every county treasurer shall account with the county for all sums allowed to, or received by him out of the treasury of the state for jury fees, and for jailer's charges, for the maintenance of prisoners. SECT. 27. All fines, imposed by justices of the peace to the Fines and costs use of the state, and all costs, accruing to the state in such proseinjustices' prosecutions, how cutions, shall be paid into the county treasury, to be appropriated appropriated, to the payment of sums allowed by the judicial courts, pursuant to CHAP. 152. the fifteenth section of this chapter; and the county treasurer shall 1825, 303, § 1. credit his county with the same, instead of the state. Sect. 28. The sheriff in each county shall, as often at least as every three months, deliver over to the treasurer of his county all notes or other securities by him taken for fines and costs, on the liberation of poor convicts from prison pursuant to law. SECT. 29. The county treasurer shall, at the next following session of the county commissioners, lay before them a schedule of all such notes, with the amounts due on them, respectively, to be filed with the clerk. SECT. 30. The commissioners shall, from time to time, examine such notes and securities, and order the county attorney to take such legal measures for their collection by suit or otherwise, as they shall judge expedient; and they may authorize the treasurer to compound with any of the persons liable on such notes or securities, or cancel the same, on such terms as the board shall direct. tain securities Sheriff to deliver over certo the county 1830, 464, § 5. Treasurer to exhibit a schedto the commis treasurer. ule of the same sioners. 1830, 464, § 5. Proceedings of the commis1830, 461, § 5. sioners thereon. pare the treas with the re SECT. 31. The secretary of state, from time to time, as the Secretary of governor and council may direct, shall cause the books of the treas- state to comurer of the state, and the accounts of the several county treasurers, urer's books deposited in the office of the treasurer of the state, to be compared turns of the with the returns, made to him pursuant to the provisions of section, clerks, &c. thirteen, of chapter, one hundred, from the clerks of the judicial 1830, 461, § 3. courts, and shall ascertain what fines, forfeitures and bills of costs have not been paid over to the use of the state. fines, &c. SECT. 32. The secretary of state shall make out separate Secretary's duschedules for each county, of unpaid fines, forfeitures and bills of ty, as to unpaid costs, and make appropriate entries and records thereof, to be kept 1830, 461, § 3. in his office; and shall transmit such schedules to the attorneys of the respective counties, certifying thereon, that the same appear to be due and unpaid. the county at torney, in refer ence to delinquents. 1830, 464, § 2, 4. SECT. 33. The several county attorneys shall examine the Proceedings of records and files in the offices of clerks in their respective counties, and the certificates and accounts in the offices of the respective county treasurers, relating to fines, forfeitures and bills of costs, accruing to the use of the state, and ascertain, so far as practicable, the causes of any delinquencies, which may appear in paying over the same; and shall move the respective courts for all such orders and processes, as may be deemed necessary, to enforce the collection and payment of the same. SECT. 34. Whenever any sheriff or other officer shall appear Same subject. not to be discharged of any such fine, forfeiture or bill of costs, 1850, 461, 2, 4. committed to him to collect, the county attorney shall cause him to be summoned and brought before the court, in which the same was imposed, to show a proper discharge for the same, or the cause, why the same is not collected or paid over, as provided in the twenty first section of this chapter. SECT. 35. The county attorney shall carry into execution all Same subject. lawful orders of the courts aforesaid, relating to the collection and 1830, 464, § 2, 4. payment of such fines, forfeitures and bills of costs, and by all other means, pertaining to his office, shall promote and enforce the collection and payment thereof. CHAP. 152. County attorneys to report to the secretary of state. SECT. 36. The respective county attorneys, from time to time, when required by the governor and council, shall make out, and transmit to the secretary of state, reports of the results of the inves tigations by them made, relating to the items mentioned in the 1830, 464, § 4. schedules, transmitted to them, under the thirty third section of this chapter. Judges of mu lice courts. ARTICLE III. GENERAL PROVISIONS RELATING TO JUDGES OF MUNICIPAL AND POLICE COURTS. SECT. 37. All the provisions of this chapter, applicable to jus nicipal and po- tices of the peace, shall be construed, as extending to the judges of any municipal court, or police court, within their respective jurisdictions, with the like obligations, restrictions and penalties. TITLE TWELFTH. Of crimes and offences, proceedings in criminal cases, pun. ishments and prisons, and incidental provisions. CHAPTER 153. Of offences against the sovereignty of the state. 154. Of offences against the lives and persons of individuals. 155. Of offences against habitations, and other buildings, including arson, 156. Of larceny, and the receiving of stolen goods. 157. Of forgery and counterfeiting. 158. Of offences against public justice. 159. Of offences against the public peace. 160. Of offences against chastity, morality and decency. 161. Of cheating by false pretences, gross frauds, and conspiracy. 162. Of malicious mischief, and trespasses on property. 163. Of offences against the public health, safety and policy. 164. Of nuisances. 165. Of libel. 166. Crimes and offences within the jurisdiction of different courts. 167. General provisions relating to crimes and punishments. 168. Of sentence and execution thereof in criminal cases. 169. Of proceedings for prevention of crimes. 170. Of the power and proceedings of justices of the peace in criminal cases. 171. Of commencement of proceedings in criminal cases. 172. Of proceedings in court in criminal cases. 173. As to the disposal of insane persons, when prosecuted for crimes or, 174. Of fugitives from justice, and conditional pardons. 175. Of the liberation of poor convicts. 176. Of coroners' inquests. 177. Of the state prison. 178. Of houses of correction. CHAP. 153. SECTION 1. Whoever shall be guilty of treason, by levying war Treason. against the state, adhering to its enemies, giving them aid and com- Const. art. 1, fort, shall be punished with death. $12. SECT. 2. No person shall be indicted and convicted of treason, Two witnesses unless on the testimony of two witnesses to the same overt act, or necessary for by confession in open court. conviction, un- sion. SECT. 3. If any person shall have knowledge of any treason committed, or to be committed, and shall conceal the same, and 12. shall not, as soon as may be, give information thereof upon oath to the governor of the state, a judge of a court of record, or to a 1821, 1, § 2, 3. Misprision of treason. CHAP. 153. justice of the peace, to the end, that the offender therein may be apprehended, and be amenable to justice, he shall be deemed guilty of misprision of treason; and shall be punished by imprisonment in the state prison, not more than five years, or by fine, not exceeding one thousand dollars, and by imprisonment in the county jail, not more than one year. Necessary Limitation, as to time of pros ecution. 1821, 1, § 7. Usurpation of jurisdiction by foreign power, within limits defined by the treaty of 1783. 1829, 446. SECT. 4. No person shall be indicted and convicted of misprision of treason, unless the treason concealed and not informed of, as mentioned in the preceding section, shall be proved by the testimony of two witnesses to the same overt act, or by one witness to one overt act, and by another witness to another overt act of the same species of treason, or by voluntary confession in open court. SECT. 5. No person shall be indicted and convicted of treason or misprision of treason, unless the indictment therefor shall be found within three years next after the commission of the treason. SECT. 6. If any person, not a citizen of the United States, or any person, under the authority or color or pretence of authority from any foreign prince, state or government, shall enter upon any lands, cut any timber, serve any civil or criminal process, or exercise any act of jurisdiction, authority or ownership, or shall pretend or attempt or claim any right, or threaten to do any of the said acts within the limits of this state, as described in and by the treaty of seventeen hundred and eighty three, between the United States and Great Britain, such person, and every person who shall aid or encourage the same, shall be deemed guilty of a high misdemeanor, and shall be punished, on conviction in the supreme judicial court or district court in any county in the state, by fine and imprisonment at the discretion of the court, according to the aggravation of the offence. CHAPTER 154. OF OFFENCES AGAINST THE LIVES AND PERSONS OF INDIVIDUALS. |