826 Accessories be- 101 Mass. 204. 111M.395 where to be tried. R. S. 133, § 3. Accessories after fact who shall be deemed; R. S. 133, § 4. how, when, and where, tried. R. S. 133, § 5. Attempts to commit offences. R. S. 133, § 12. 10 Met. 422. 3 Cush. 529. 5 Cush. 365. 105 Mass. 162, 169, 460. ACCESSORIES, &c., AND ATTEMPTS TO COMMIT OFFENCES. [CHAP. 168. SECT. 4. Whoever counsels, hires, or otherwise procures, a felony to be committed, may be indicted and convicted as an accessory fact, either with the principal felon, or after his conviction; or may be before the indicted and convicted of a substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice; and in the last-mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. SECT. 5. A person charged with the offence mentioned in the preceding section may be indicted, tried, and punished, in the same court and county where the principal felon might be indicted and tried, although the offence of counselling, hiring, or procuring, the commission of such felony is committed on the high seas, or on land either within or without the limits of this state. SECT. 6. Whoever, not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, to the offender, after the commission of a felony, harbors, conceals, maintains, or assists, the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony, or been accessory thereto before the fact, with intent that he shall avoid or escape detection, arrest, trial, or punishment, shall be deemed an accessory after the fact, and be punished by imprisonment in the state prison not exceeding seven years, or in the jail not exceeding three years, or by fine not exceeding one thousand dollars. SECT. 7. Whoever becomes an accessory to a felony after the fact may be indicted, convicted, and punished, (whether the principal felon has or has not been previously convicted, or is or is not amenable to justice,) by any court having jurisdiction to try the principal felon, and either in the county where such person became an accessory, or in the county where the principal felony was committed. SECT. 8. Whoever attempts to commit an offence prohibited by law, and in such attempt does any act towards the commission of such offence, but fails in the perpetration, or is intercepted or prevented in the execution, of the same, where no express provision is made by law for the punishment of such attempt, shall be punished as follows: 107.225 death, the person convicted of such attempt shall be punished by First. If the offence attempted. to be committed is punishable with imprisonment in the state prison not exceeding ten years: Second. If the offence so attempted to be committed is punishable by imprisonment in the state prison for life, or for five years or more, the person convicted of such attempt shall be punished by imprisonment in the state prison not exceeding five years, or in the jail not exceeding one year: Third. If the offence attempted to be committed is punishable by imprisonment in the state prison for a term less than five years, or by imprisonment in the jail, or by fine, the offender convicted of such attempt shall be punished by imprisonment in the jail not exceeding one year, or by fine not exceeding three hundred dollars; but in no case shall the punishment by imprisonment exceed one-half of the greatest punishment which might have been inflicted if the offence attempted had been committed. TITLE II. OF PROCEEDINGS IN CRIMINAL CASES. CHAPTER 169. - Of Proceedings to prevent the Commission of Crimes. CHAPTER 171.- Of Indictments, Prosecutions, and Proceedings before Trials. CHAPTER 173. — Of Appeals, New Trials, and Reports. CHAPTER 174. Of Judgment and Execution. CHAPTER 175. — Of Inquests on Dead Bodies. ized to keep the SECTION 1. The justices of the supreme judicial court, superior court, Officers authorand police courts, in vacation or in open court, and justices of the peace, peace. may cause to be kept all laws made for the preservation of the public R. S. 134, § 1. peace; and in the execution of that power may require persons to give See $ 14. security to keep the peace, or for their good behavior, or both, as provided in this chapter. 1859, 196. made. SECT. 2. When complaint is made to any such magistrate, that a Complaint, how person has threatened to commit an offence against the person or prop- R. S. 134, § 2. erty of another, the magistrate shall examine on oath the complainant and any witnesses who may be produced, reduce the complaint to writing, and cause it to be subscribed by the complainant. R. S. 134, § 3. SECT. 3. If upon examination it appears that there is just cause to Arrest. fear that such offence may be committed, the magistrate shall issue a warrant under his hand, reciting the substance of the complaint, and requiring the officer to whom it is directed forthwith to apprehend the person complained of, and bring him before such magistrate or some other magistrate or court having jurisdiction of the cause. SECT. 4. When the party complained of is brought before the court Trial. Recognior magistrate, he shall be heard in his defence, and may be required to zance to keep the peace. R. S. 134, $4. 2 B. & A. 278. 4 Mass. 497. 8 Mass. 78. Proceedings upon nize, &c. enter into a recognizance with sufficient sureties in such sum as the court or magistrate directs, to keep the peace towards all the people of this commonwealth, and especially towards the person requiring such security, for such term, not exceeding six months, as the court or magistrate may order; but he shall not be bound over to the next court, unless he is also charged with some other offence for which he ought to be held to answer at such court. SECT. 5. If the person so ordered to recognize complies with the an order to recog- order, he shall be discharged; but if he refuses or neglects, the court or R. S. 134, §§ 5,6. magistrate shall commit him to the jail, house of correction, or house of industry, during the period for which he was required to give security, or until he so recognizes, stating in the warrant the cause of commitment, with the sum and time for which security was required. Complainant, when to pay costs. R. S. 134, § 7. Payment of costs in other cases. R. S. 134, § 8. Appeal. R. S. 134, § 9. 1852, 14. 1859, 196. 1874.33 Witnesses to recognize. R. S. 134, § 10. Proceedings on appeal. R. S. 134, § 11. Recognizance, when to remain in force. R. S. 134, § 12. Person commit SECT. 6. If upon examination it does not appear that there is just cause to fear that such offence will be committed by the party complained of, he shall be forthwith discharged; and if the magistrate deems the complaint unfounded, frivolous, or malicious, he may order the complainant to pay the costs of prosecution, who shall thereupon be answerable to the magistrate and the officer for their fees, as for his own debt. SECT. 7. When no order respecting the costs is made by the court or magistrate, they shall be allowed and paid in the same manner as costs before justices in criminal prosecutions; but in all cases where a person is required to give security to keep 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 the costs are paid or he is otherwise legally discharged. SECT. 8. Whoever is aggrieved by the order of a justice of the peace or police court, requiring him to recognize as aforesaid, may on giving the security required appeal to the superior court next to be held in the same county. SECT. 9. The court or magistrate shall require such witnesses as may be necessary to support the complaint, to recognize for their appearance at the court appealed to. SECT. 10. The court before which the appeal is prosecuted may affirm the order or discharge the appellant, or may require him to enter into a new recognizance with sufficient sureties in such sum and for such time as the court deems proper, and may make such order in relation to the costs of prosecution as may be deemed just and reasonable. SECT. 11. If the appellant fails to prosecute his appeal, his recognizance shall remain in full force and effect as to any breach of the condition, without an affirmation of the judgment or order of the court or magistrate, and shall also stand as a security for any costs which the court appealed to orders to be paid by the appellant. SECT. 12. A person committed for not finding sureties or refusing for how to to recognize as required by the court or magistrate, may be discharged by any judge or justice of the peace, on giving such security as was required. nizing, dis- Recognizances to be transmitted to court. Suit thereon; R S. 134, § 14. 1852, 14 1859, 196. when to be required on view of trate. R. S. 134, § 15. SECT. 13. Every recognizance taken pursuant to the foregoing provisions shall be transmitted by the magistrate to the superior court for the county on or before the first day of the next term, and shall be there filed of record by the clerk; and upon a breach of the condition a suit shall be commenced thereon by the district-attorney. SECT. 14. Whoever in the presence of any magistrate mentioned in court or magis section one, or before any court of record, makes an affray, or threatens to kill or beat another, or to commit any violence or outrage against his person or property, and whoever in the presence of such court or magistrate contends 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 good behavior for a term not exceeding three months, and in case of refusal may be committed as before directed. armed may be re peace, &c. SECT. 15. Whoever goes armed with a dirk, dagger, sword, pistol, Persons who go or other offensive and dangerous weapon, without reasonable cause to quired to find fear an assault or other injury, or violence to his person, or to his family sureties for the or property, may on complaint of any person having reasonable cause R. s. 143, § 16. to fear an injury, or breach of the peace, be required to find sureties for keeping the peace for a term not exceeding six months, with the right of appeal as before provided. part of penalty. SECT. 16. When, upon a suit brought on such recognizance, the pen- Court may remit alty thereof is adjudged forfeited, the court may, on the petition of any R. s. 134, § 17. defendant, remit such portion of it as the circumstances of the case render just and reasonable. 7 Mass. 397. render his prin anew. SECT. 17. A surety in a recognizance to keep the peace, or for good Surety may surbehavior, or both, shall have the same authority and right to take and cipal, who may surrender his principal, as if he had been bail for him in a civil cause; recognize and upon such surrender shall be discharged and exempt from all lia- R. S. 134, § 18. bility for any act of the principal subsequent to such surrender, which would be a breach of the condition of the recognizance. The person so surrendered may recognize anew with sufficient sureties before any justice of the peace for the residue of the term, and shall thereupon be discharged. CHAPTER 170. OF SEARCH WARRANTS, REWARDS, ARREST, EXAMINATION, COMMITMENT, SECTION 48. Action and judgment on recognizances; 49. not to be defeated, &c., for certain irregu- 50. Review of judgments on forfeited recogni zances. no bail buice, unless. 1874, 306 Bail Commons Vi. $5 Search warrants. Deel. of rights, 7art, dog reack fight tree. 144 18769.858 R. S. 142, § 1. See 1862, 168, 103 Mass. 456. R. S. 142, § 2. for counterfeit SECTION 51. Review, petition for. 52. Proceedings when former judgment is dimin- 53. when not diminished. SEARCH WARRANTS. SECTION 1. When complaint is made on oath to any magistrate authorized to issue warrants in criminal cases, that personal property has been stolen, embezzled, or obtained by false tokens or pretences, and that the complainant believes that it is concealed in any particular house or place, the magistrate, if he is satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property. SECT. 2. Any such magistrate may also, upon like complaint made on oath, issue search warrants when satisfied that there is reasonable cause, in the following cases, to wit: First. To search for and seize counterfeit or spurious coin, forged coin, notes, &c.; bank notes, and other forged instruments, or tools, machines, or materials, prepared or provided for making either of them: for obscene books and prints; See 1862, 168. for lottery tickets, &c.; 5 Cush. 369. for gaming ap- See 1869, 364. to whom di- 5 Met. 98. 187579.84 Search in the allowed. R. S. 142, § 4. Second. To search for and seize books, pamphlets, ballads, printed papers, or other things, containing obscene language, or obscene prints, pictures, figures, or descriptions, manifestly tending to corrupt the morals of youth, and intended to be sold, loaned, circulated, or distributed, or to be introduced into any family, school, or place of education: Third. To search for and seize lottery tickets or materials for a lottery, unlawfully made, provided, or procured, for the purpose of drawing a lottery: Fourth. To search for and seize gaming apparatus or implements used, or kept and provided to be used, in unlawful gaming, in any gaming house, or in any building, apartment, or place resorted to for the purpose of unlawful gaming. SECT. 3. All search warrants shall be directed to the sheriff of the county or his deputy, or to any of the constables of a city or town, commanding such officer to search, in the day time, the house or place where the stolen property or other things for which he is required to search are believed to be concealed, (which place and property, or things to be searched for, shall be designated and described in the warrant,) and to bring such stolen property, or other things, when found, and the persons in whose possession they are found, before the magistrate who issued the warrant, or some other magistrate or court having cognizance of the case. SECT. 4. If there is satisfactory evidence that any property stolen, night time, when embezzled, or obtained by false tokens or pretences, or that any of the other things for which a search warrant may be issued by the provisions of this chapter, are concealed, kept, prepared, or used, in a particular house or place, a warrant may be issued by two magistrates, or by a police court, to authorize the searching of such house or place by a public officer, in the night time, and to bring the property or things described in the warrant, if found, and the persons in whose possession they are found, before either of the magistrates who issued the warrant, or some other magistrate or court having cognizance of the case. Property seized SECT. 5. When an officer in the execution of a search warrant finds stolen or embezzled property, or seizes any of the other things for then restored to which a search is allowed by the provisions of this chapter, all the property and things so seized shall be safely kept by the direction of the court or magistrate, so long as necessary for the purpose of being produced or used as evidence on any trial. As soon as may be afterwards, all such stolen and embezzled property shall be restored to the owner owner or de- R. S. 142, § 5. See 1870, 242. |