Fees of sheriffs. See 1860, 191, § 1. of jailers; R. S 122, § 6. 1836, 277. 13 Gray, 439. (R.) Repealed 1864, 270, § 2. of coroners; R. S. 122, § 7. 1850, 133, $2,3. (R.) Repeal and substitute. 1871, 241. of constables; R. S. 122, § 8. See 1860, 191, § 1. 1862, 102, 216. 1864, 274. 1870, 346. of jurors, witnesses, apprais ers, &c. For returning to the office of the secretary of the commonwealth the votes for state, county, and district officers, one travel for the whole, at the rate of eight cents a mile, to be computed from the place of his abode to the secretary's office; for serving precepts for the election of representatives in congress, fifty cents each, and for returning the votes at such elections, eight cents a mile, to be computed as aforesaid; for the service of subpoenas issued by order of the legislature or either branch thereof, the same fees allowed for the service of subpoenas issued by a court, to be paid out of the treasury of the commonwealth. And no sheriff, deputy-sheriff, coroner, or constable shall be entitled to any fees for attendance as a witness in a criminal case while he is paid for attending as an officer of the same court, or on the same examination or trial. JAILERS. SECT. 5. (R.) [For every prisoner committed or discharged in the county of Suffolk, twenty cents.] CORONERS. SECT. 6. (R.) [For granting a warrant and taking an inquisition on a dead body, three dollars; and if his attendance is required more than one day, two dollars for each day after the first; if a view only is taken, and no inquest is held, two dollars; which fees shall be paid by the state or county, agreeably to the provisions of chapter one hundred and seventy-five, section fourteen; but if the inquisition or view is upon more than one body at the same time, no additional fees shall be allowed. For other services, fees allowed to sheriffs for like services.] CONSTABLES. SECT. 7. For serving a venire, twenty-five cents and four cents a mile for travel to the place of return; and for summoning jurors upon a coroner's inquest and attendance thereon, at the rate of ninety cents a day; to be paid out of the county treasury. For attending a court of record by order of the court, and for services performed there, the fees allowed to deputy-sheriffs in like cases. For other services, the same fees as are allowed to sheriffs for like services, unless other provision is expressly made. JURORS, WITNESSES, APPRAISERS, COMMISSIONERS, &c. SECT. 8. For attending as a grand juror or traverse juror in any ers, commission- court, except before a justice of the peace, or police court, two dollars a day for attendance, and eight cents a mile for travel out and home; for attending as a juror before a sheriff, one dollar and seventy-five cents a day, and before a police court, justice of the peace, or coroner, or on any other occasion prescribed by law, one dollar and twenty-five cents a day for attendance, and six cents a mile for travel out and home. R. S. 122, § 10. 1848, 123, 271. 1849, 208. 1852, 314, § 8. 1855, 120, §§1, 2. 104 Mass. 539, See 1860, 41. 1860, 191, § 1. 1861, 166. 1863, 158. 1866, 121. 1868, 87. 1869, 73. 1870, 151. 1870, 326. For attending as a witness in a civil or criminal cause in the supreme judicial court, superior court, or before county commissioners, or juries summoned to assess damages under chapters forty-three, sixty-three, and one hundred and forty-nine, one dollar and twenty-five cents a day; for attendance before a justice of the peace, referees, arbitrators, or police court, or on any other occasion, fifty cents a day, and in all cases, four cents a mile for travel out and home; and each witness shall certify in writing the amount of his travel and attendance: For attending as a witness in any case pending before the legislature, one dollar and twenty-five cents a day, and if the witness lives out of Boston, four cents a mile for travel to and from his place of abode, to be paid out of the treasury of the commonwealth if he is summoned by the legislature or either branch thereof; but in contested elections of members of the house of representatives no party shall be so paid Fees of witnesses, for witnesses, unless the committee by which the case is heard certifies appraisers, &c.; that there was reasonable cause for the attendance of such witnesses. For the services of appraisers of the estate of deceased persons; appraisers of real estate taken on execution; persons appointed under legal process for assigning dower or making partition of real estate; sheriffs' aid in criminal cases; and of all other private persons performing like service required by law, or in the execution of legal process, when no express provision is made for the compensation therefor; one dollar a day each, and four cents a mile for travel out and home. TOWN CLERKS. SECT. 9. For entering notice of an intention of marriage and issuing the certificate thereof, and for entering the certificate of marriage filed by persons married out of the state, fifty cents, to be paid by the parties: For a certificate of a birth or death, ten cents: For copies of town records and other documents furnished to any person at his request, if containing less than one page, ten cents, and if more, at the rate of twelve cents a page. MINISTERS, &c., FOR MARRIAGES. SECT. 10. For lawfully solemnizing and certifying a marriage by a minister or justice of the peace, one dollar and twenty-five cents. SECRETARY OF THE COMMONWEALTH. SECT. 11. (R.) [For a copy of any resolve or order of the legislature, or of the governor and council, of a private or local nature, furnished to any private person, fifty cents: For copies of all other papers so furnished, at the rate of twelve cents a page.] REGISTER OF DEEDS. SECT. 12. For entering and recording a deed or other paper, certifying the same on the original, and indexing it, and for all other duties pertaining thereto, twenty-five cents; and if it contains more than one page, at the rate of twenty cents for each page after the first; to be paid when the instrument is left for record: For all copies, at the rate of twenty cents a page: For entering in the margin a discharge of a mortgage, twenty-five cents. NOTARIES PUBLIC. of notaries SECT. 13. For the protest of a bill of exchange, order, draft, or check, for non-acceptance or non-payment, or of a promissory note for non-pay- public. 1839, 93, § 1. ment, if the amount thereof is five hundred dollars or more, one dollar; 1 Gray, 175. if it is less than five hundred dollars, fifty cents; for recording the same, fifty cents; for noting the non-acceptance or non-payment of a bill of exchange, order, draft, or check, or the non-payment of a promissory note, seventy-five cents; for each notice of the non-acceptance or nonpayment of a bill, order, draft, check, or note, given to a party liable for the payment thereof, twenty-five cents: provided, that the whole cost of protest, including necessary notices and the record, when the bill, order, draft, check, or note, is of the amount of five hundred dollars or upwards, shall not exceed two dollars; and when it is less than five hundred dollars, shall not exceed one dollar and fifty cents; and the whole cost of noting, including recording and notices, shall in no case exceed one dollar and twenty-five cents. Fees in cases not specified. R. S. 122, § 21. SPECIAL PROVISIONS. SECT. 14. In cases not expressly provided for by law, the fees for any official duty or service of recording officers shall be at the same rate 1855, 311, §§1,3. as is prescribed in section twelve, and of other public officers at the same rate as those prescribed in this chapter for like services. 7 Gray, 132. 13 Gray, 77. 102 Mass. 519. List of fees to be lien in pub R. 8. 122, § 17. Officer to give a bill of fees re ceived, if re SECT. 15. The word "page," when used as the measure of computation, shall mean two hundred and twenty-four words. SECT. 16. Each of the officers before mentioned, who keeps a public office, shall always keep posted up in some conspicuous and convenient place in his office, a printed or written list of the fees prescribed in this chapter, so far as they relate to him. SECT. 17. Every officer, upon receiving fees for any official duty or service, shall, if required by the person paying the same, make out in quired, § 18. writing a particular account of such fees, specifying for what they respectively accrued; and if he refuses or neglects so to do, he shall forfeit to the party paying the fees three times the amount so paid, to be recovered in an action of tort. 1852, 312. to indorse fees on writ, &c. R. S. 122, § 9. District-attorney may refuse to allow fees, &c., 1855, 180, § 1. SECT. 18. All travelling fees and fees for the service of writs or precepts of which an officer is required to make a return, shall be indorsed on the writ or precept, or they shall not be allowed. SECT. 19. When the administration of justice or the progress of business in criminal proceedings is delayed, obstructed, or prevented, in certain cases. by the negligence of a magistrate in certifying and returning recognizances, records, or other official papers, which it is his duty to transmit to a higher court, or in omitting the formalities required by law, the district-attorney, with the approbation of the court, may, either in whole or in part, refuse to allow the fees to which such magistrate would otherwise be entitled. Witnesses' fees in certain cases to be adjusted by clerk, &c.; 1855, 180, § 2. to be refused in certain cases, 1854, 389. Officers not to purchase orders, &c. 1855, 180, § 3. Penalty for making false certifi &c. 1854, 380. SECT. 20. When witnesses in criminal trials are in attendance in two or more cases pending at the same time before the same tribunal, they shall not be allowed full travel and attendance in each case, but the clerk of the court, under the direction of the district-attorney, may reduce and apportion the same as may be just and equitable, allowing at least one travel and attendance. SECT. 21. If on the trial of a criminal case it appears that a witness has induced the defendant to commit the offence with which he is charged, with the intent to appear as a witness against him, the court or magistrate may in his discretion refuse to allow him his fees. SECT. 22. No sheriff, deputy-sheriff, or other officer, taking the certificates of witnesses in criminal cases, shall purchase or discount, or have any interest in orders drawn or demands upon the treasury by such witnesses. SECT. 23. Whoever, with a design to defraud, signs, or procures to cates of witnesses, be signed, a certificate of attendance or travel as a witness before a court, justice of the peace, or reference founded upon any rule of court, in any case in which the witness did not so attend, or for a greater number of days than he actually attended, or for a greater number of miles than he actually travelled, upon which certificate the attendance or travel so claimed is allowed in the taxation of costs, shall forfeit thirty dollars for each offence, to be recovered on complaint or indictment to the use of the commonwealth, or by action of tort to the use of any person against whom such excessive costs were taxed, together with four times the whole amount taxed for attendance or travel on such false certificate, and double costs in the action of tort: provided, that such complaint, indictment, or action, is commenced within two years after the commitment of the offence. PART IV. OF CRIMES, PUNISHMENTS, PROCEEDINGS IN Of Forgery and Offences against the Currency. CHAPTER 161. — Of Offences against Property. CHAPTER 163.-Of Offences against Public Justice. CHAPTER 164. — Of Offences against the Public Peace. CHAPTER 165. — Of Offences against Chastity, Morality, and Decency. CHAPTER 166. Of Offences against the Public Health. CHAPTER 167.- Of Offences against Public Policy. CHAPTER 168. - Of Felonies, Accessories, Abettors, and Attempts to commit SECTION 1. Every person arrested by virtue of process, or taken into custody by an officer in this state, has a right to know, from the officer who arrests or claims to detain him, the true ground on which the arrest is made; and an officer who refuses to answer a question relative to the reason for such arrest, or answers such question untṛuly, or assigns to the person arrested an untrue reason for the arrest, or neglects on request to exhibit to the person arrested, or any other person acting in his behalf, the precept by virtue of which such arrest is made, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the house of correction not exceeding one year. (789) Persons arrest- ed of ground of 1852, 224, § 1. Officer who ar rests, &c., on false pretences, how punished. 1852, 224, § 2. Offences to be prosecuted by indictment, except, &c. R. S. 123, § 1. Party accused may have counsel, &c. R. S. 123, § 2. Decl. of rights, art. 12. Persons indicted, how convicted. R. S. 123, § 3. J15m.151 See 1864, 250, fence. R. S. 123, § 5. 12 Pick. 496. No person to be punished until SECT. 2. Every officer who arrests, takes into or detains in custody, a person in this state, pretending to have a process when he has none, or pretending to have a different process from that which he has, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the house of correction not exceeding one year. SECT. 3. No person shall be held to answer in any court for an alleged crime or offence, unless upon indictment by a grand jury, except in the following cases: First. When a prosecution by information is expressly authorized by statute; Second. In proceedings before a police court or justice of the peace; and, Third. In proceedings before courts martial. SECT. 4. The accused shall at his trial be allowed to be heard by counsel, may defend himself, and shall have a right to produce witnesses and proofs in his favor, and to meet the witnesses produced against him face to face. SECT. 5. No person indicted for an offence shall be convicted thereof, unless by confession of his guilt in open court, or by admitting the truth of the charge against him by his plea or demurrer, or by the verdict of a jury accepted and recorded by the court. SECT. 6. No person shall be held to answer on a second indictment for an offence of which he has been acquitted by a jury upon the facts and merits; but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offence, notwithstanding any defect in the form or substance of the indictment on which he was acquitted. SECT. 7. If a person is on his trial acquitted upon the ground of a variance between the indictment and the proof, or upon an exception to the form or substance of the indictment, he may be arraigned again on a new indictment, and tried and convicted for the same offence, notwithstanding such former acquittal. SECT. 8. No person shall be punished for an offence, unless duly and legally convicted. legally convicted thereof, in a court having competent jurisdiction of the cause and of the person. R. S. 123, § 6. Treason defined. R. S. 124, § 1. Dec. of rights, art. 25. punishment of. 1852, 259, §1. See Ch. 170, $54. misprision of R. S. 124, § 3. 1859, 196. SECTION 1. Treason against this commonwealth shall consist only in levying war against the same, or in adhering to the enemies thereof, giving them aid and comfort. SECT. 2. Whoever commits treason against this commonwealth shall be punished by imprisonment in the state prison for life. SECT. 3. Whoever, having knowledge of the commission of treason, conceals the same, and does not as soon as may be disclose and make known such treason to the governor, or one of the justices of the supreme judicial court, or the superior court, shall be adjudged guilty of the offence of misprision of treason, and be punished by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or in the jail not exceeding two years. |