SECTION 1. If any person shall make or put up any lottery, or shall dispose of any estate, real or personal, by lottery, he shall be fined not exceeding five hundred dollars, nor less than fifty dollars.

SEC. 2. If any person shall sell, dispose of, offer or keep for sale any ticket or part thereof in any lottery, or shall print or publish an account thereof, or of the place where or person by whom any ticket therein or any part of such ticket is kept for sale, or to be otherwise disposed of, he shall be fined not exceeding one hundred dollars, nor less than twenty-five dollars.

SEC. 3. If any person shall keep any gaming house or place, and shall suffer and permit any person to play at cards, dice, billiards, or at any bowling alley or any game whatever therein, for money, hire, gain or reward, or to bet on the hands or sides of such as are so playing, such person shall be punished by a fine not less than ten dollars, nor more than two hundred [dollars,] or by imprisonment in the county jail not exceeding one year.

SEC. 4. Every person who shall be convicted of winning at any one time or sitting, by gaming or by betting on the sides or hands. of such as are gaming, any money or goods to the value of five dollars or more, and of receiving the same or any security therefor, shall forfeit to the use of the town where the offence shall have been committed, double the value of the money or goods so won and received.

SEC. 5. Every person who shall be convicted, on complaint before a justice, of winning as aforesaid any money or goods of less value than five dollars, and of receiving the same or any security therefor, shall forfeit to the use of the town where such offence is committed, not less than two dollars nor more than ten [dollars.]

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SECTION 1. If any person shall aid in, counsel, hire or procure the commission of any offence, or shall be accessory thereto before or after the fact, he shall be punished in the same manner as the principal offender, and may be tried and convicted thereof, either before or after the conviction of the principal offender.

SEC. 2. If any person shall attempt the commission of any offence which may be punishable by confinement to hard labor for life, he shall be punished by solitary imprisonment not exceeding six months, and confinement to hard labor not exceeding ten years nor less than one year.

SEC. 3. If any person shall attempt the commission of any other offence, he shall be liable to a punishment not exceeding one half of that which may be inflicted for the commission of the same offence.

SEC. 4. If any person shall attempt the commission of any offence by the counsel, hiring or procurement of any other person, the person so counselling, hiring or procuring such attempt, shall be punished in the same manner as the person making such attempt.

CHAPTER 236.

OF REWARDS FOR APPREHENSION OF CRIMINALS.

IDENTICAL WITH

Chapter 735, Laws of 1848.

SECTION 1. The mayor and city council of any city, and the selectmen of any town or place in this State, are authorized and empowered, whenever in their opinion the public good may require it, to offer and pay from the treasury of such city, town or place, a suitable reward, not exceeding three hundred dollars in any one

case to any person who shall in consequence of such offer apprehend and secure any person or persons charged with having committed any capital or other high crime.

TITLE XXVII.

OF PROCEEDINGS IN CRIMINAL CASES.

CHAPTER 237. Of criminal jurisdiction of justices of the peace. CHAPTER 238. Of fugitives from justice.

CHAPTER 239. Of coroners' inquests.

CHAPTER 240. Of proceedings in criminal cases.

SECTION 1. Every justice is authorized to hear and determine prosecutions and actions of a criminal nature arising within his county, where the punishment is by fine not exceeding ten dollars, and to issue a warrant to carry his judgment into effect in case no appeal is taken.

SEC. 2. Any person, sentenced by a justice as aforesaid for any offence, may appeal from such sentence to the next court of

common pleas to be holden in the same county, but such appeal must be claimed at the time of declaring the sentence; and the appellant shall enter into recognizance, with sufficient sureties, in a reasonable sum, not exceeding one hundred dollars, for his appearance at said court, and to prosecute his appeal with effect, and to abide the order of court thereon, and in the mean time to be of good behavior; otherwise such appeal shall not be granted.

SEC. 3. Any justice may cause to be apprehended and committed to jail or bound over, with sufficient sureties, or trial by the court of common pleas in such county, all persons charged with offences committed in such county exceeding his jurisdiction to try.

SEC. 4. In the cases mentioned in the two preceding sections, the justice shall make out a certified copy of the process and records in the cause, and file the same with the clerk of said court on or before the first day of the next term thereof.

SEC. 5. Whenever any justice shall commit or bind over any person for trial as aforesaid, he shall take the recognizance of all necessary witnesses who appear before him, for their appearance at said court of common pleas, in such sum as he may think reasonable.

SEC. 6. If any person, upon being ordered by any justice to recognize, shall neglect or refuse so to do, the justice may issue his warrant and order such person to be committed to jail until he comply with such order.

SEC. 7. When any person is brought before any justice, charged with any offence, said justice may postpone the examination thereof, if necessary, to some future time, and may take the recognizance of the parties and witnesses for their appearance at the time and place to which such examination is postponed.

SEC. 8. Every justice, upon the view of any breach of the peace, or other transgression of law proper for his cognizance, or when necessary for the preservation of the peace, may command any officer or other person to bring before him any such offender, to be kept until complaint can be made against him, and may order such offender to find sureties to keep the peace until the next term of the court of common pleas in the said county. If any person shall refuse to obey any such command, he shall be subject to the same penalty as for disobeying an officer.

SEC. 9. Any justice may order any person arrested for a criminal offence, or against whom a complaint under oath has been made by any other person fearing injury to his person or property, to find sureties to keep the peace until the next term of the court of common pleas for the same county, and to pay costs of prosecution, and may commit such person for neglect thereof.

SEC. 10. All proceedings before a justice shall be on complaint duly signed and sworn to before some justice, who shall issue his warrant thereon.

SEC. 11. Every justice shall pay over to the town or county to which any fine or forfeiture accrues, every such fine or forfeiture

by him received, within six months after the receipt of the same, or to the person to whom the same is payable, on demand, and on default thereof shall forfeit double the amount thereof to any person who shall sue therefor.

SEC. 12. Any justice, upon complaint on oath made by any person that he suspects that any personal property stolen, embezzled or falsely obtained, or any offender or the subject matter of any offence, is concealed in any place or in one of several places therein specified, may grant a warrant for searching such place or places in the day time.

SEC. 13. Upon like complaint and satisfactory evidence that any such property or thing, or any criminal is concealed in any particular house or place, and may escape or be removed before day, such justice may grant a warrant for searching such house or place in the night time.

SEC. 14. Any justice, upon complaint made on oath by any person, setting forth that he has reasonable grounds for suspecting that any deceased person who has been interred, came to his death by some unlawful means, may issue his warrant requiring that such body shall be disinterred and examined, and may summon and examine witnesses in relation to the truth of such complaint.

SEC. 15. When any person, against whom a warrant is issued for an alleged offence committed in any county in this State, shall not be found in such county, but shall be found in some other county in this State, any justice of the county in which such offender is found, upon application made to him and proof that such warrant issued from lawful authority, shall issue his warrant directed to all proper officers in his county, directing them to arrest such offender and convey him to some justice in and for the county from which such warrant issued, for examination, or deliver him to the sheriff or his deputy of such county, to be by him conveyed to such justice for the purpose aforesaid.

SEC. 16. Any such offender may be arrested in any county this State by any officer to whom such warrant was originally directed, and carried before any justice in and for such county, who, upon proof that such process was duly issued, shall, by his warrant directed to such officer, send such offender into the county in which such original warrant issued, for examination according to law.

SEC. 17. Any justice of the peace throughout the State may receive a complaint for an offence committed in any county in this State, and may issue bis warrant thereon directed to the sheriff of any county in this State, or his deputy or any proper officer, authorizing such officer to apprehend such offender and to bring him before such justice or some justice in and for the county in which the offence was committed, for examination.

SEC. 18. Such justice may order such offender to recognize, with sufficient sureties, to appear at the court of common pleas next to be holden in and for the county in which the offence was