Penalty for noncompliance.

Warrant of execution.

1830.

Punishment

flicted.

of.

treasurer shall lodge said report on file, and keep the same for the use of said town.

SECT. 264. Every justice of the peace, who shall neglect or refuse to make such report, and pay over such moneys, for a period of thirty days after the same shall become due and payable, shall be punished by a fine not exceeding three hundred dollars, and not less than twenty dollars, or by imprisonment in a common jail, not less than thirty days, and not exceeding six months, or by such fine and imprisonment both.

SECT. 265. When any sheriff, deputy sheriff, or constable, shall receive a warrant from any court, or justice of the peace, having lawful cognizance of the offense, to do execution of a judgment against any delinquent or criminal, such officer shall proceed according to the direction of such warrant, to do execution himself, or by some meet person, by him to be procured, to the acceptance of the court granting such warrant; and for doing execution, as aforesaid, a reasonable satisfaction shall be made, as the court, or justice of the peace, shall allow, which shall be taxed as a part of the costs against such delinquent or criminal, and shall be paid as provided by law, for the payment of other expenses of prosecution.

SECT. 266. The punishment of death, when by law required, shall, death, how in- in all cases, be inflicted by hanging by the neck, within the jail, or within an inclosed yard, so as to prevent public observation, at such time as the court shall direct, not less than thirty days after conviction.

Imprisonment in

and work-houses,

SECT. 267. The punishment of imprisonment, in the Connecticut state prison, jails state prison, shall be subject to the provisions of law relating to said how regulated. prison, and that of imprisonment, in a common jail, shall be subject to the provisions of law relating to jails and jailers; and that of imprisonment in a work-house, or house of correction, shall be subject to the provisions of law relating to work-houses, or houses of correction.

1857. 1862. Power of state attorneys to dis

SECT. 268. The state attorneys in the several counties, with the advice of the superior court, or, in vacation, of any judge of said charge prisoners. court, may discharge from imprisonment, any person convicted of any offense or misdemeanor, and holden in a common jail, work-house, or house of correction, for non-payment of fine and costs only, if such person has no property or means of satisfying the same, said attorney taking his note therefor, and security for its payment, if such security can be obtained; but no person confined in any jail, county work-house, or house of correction, shall be discharged by any jus tice of the peace, or by the judge of any police court.

1845.

Prisoners, how

discharged by

SECT. 269. Any person committed to any common jail, upon the judgment and sentence of any justice of the peace, may be discharged county commis- from such imprisonment, by the county commissioners of the county, or by the inspectors of such jail, in the manner and upon the terms provided by the eighty-sixth section of the act entitled, an act concerning prisons.

sioners.

Power of

1834. SECT. 270. Upon complaint on oath, by any grand juror, or by in regards any two credible persons, to any judge of the superior court, that houses used for he or they suspect, or have cause to suspect, that any house, or printing obscene books, other building, is used for the purpose of printing, binding, deposor for gaming, &c. iting, or selling any book, pamphlet, ballad, or printed sheet, or any painting, print, drawing, or figure of any kind, of an obscene or licentious character, or as a common gaming house, for the purpose of gaming for money or other property, and that the same is

unlawfully used for either of the purposes aforesaid, or that any idle or dissolute person resorts to any such house, or building, with that design, whether the name of such person shall be known to such complainant or complainants or not, such judge may issue a warrant, commanding any proper officer to enter into any such house or building, and to arrest all persons who shall be found there playing for money or other property, and the keeper or keepers of said house or building, having therein said books, prints, or other articles above described, or any of them; and also to take into his custody all the materials and instruments for gaming as aforesaid, and all such obscene books,. pamphlets, ballads, or printed sheets, and all such obscene and licentious paintings, prints, drawings, or figures; and to keep the person or persons so arrested, and all the instruments used for gaming as aforesaid, and all said books, pamphlets, ballads, printed sheets, paintings, prints, drawings, or figures, so seized, so that the same may be forthcoming, to be dealt with and disposed of according to law.

lications, &c.

SECT. 271. If the person or persons in whose possession such When such pubmaterials, books, and other articles above described, are found, may be destroyshall concede that such materials and instruments were used for the ed. purpose of gaming, or that such books, pamphlets, ballads, printed sheets, paintings, prints, drawings, or figures, are of an obscene and licentious character, such judge may order the same to be forthwith destroyed, otherwise such judge shall proceed to inquire into the facts; and on finding that said materials and instruments were used for the purpose of gaming, or that such books, pamphlets, ballads, printed sheets, paintings, prints, drawing, or figures, are of an obscene and licentious character, such judge may order the same to be forthwith destroyed.

or in capital cases.

SECT. 272. Whenever any crime shall have been committed, by Reward to be of law punishable with death, the governor, upon application of the fered by governattorney for the state in the county in which such crime shall have been committed, may offer, publicly, a reward, not exceeding one hundred dollars, to the person or persons who shall make discovery and give information against any other person guilty of such crime, so that he may be tendered to justice and convicted; which sum, so offered as a reward, shall be paid to such informer or informers, from the state treasury, by order of the court before whom such

conviction is had.

king discovery of

stealing, &c.

SECT. 273. Whoever shall make discovery and give information Reward for maagainst any person accused of forgery, or counterfeiting, or of alter-forgery, countering and putting off any forged or counterfeited writing or coin, or feiting, horse of passing, selling, exchanging, or giving in payment, or offering to pass, sell, exchange, or give in payment, the same, or of receiving and having the same in his possession, or of engraving or making any plate, for the purpose of forgery or counterfeiting, as aforesaid, or of having in his possession any blank or unfinished note, or bill, of the description aforesaid, or any plate for forging or counterfeiting the same, or of aiding, assisting, counseling, or advising therein, and whoever shall make discovery and give information against any person accused of horse-stealing, if the person accused as aforesaid shall be tendered to justice, and shall be convicted, or, being bound over for trial, shall forfeit his bond or recognizance, shall receive, as a reward, his costs expended in such prosecution, not exceeding thirty dollars, to be paid out of the state treasury, by order of the court before whom such conviction or forfeiture is bad.

1852. Selectmen au

covery of offend

ers.

SECT. 274. Whenever any high crime or misdemeanor shall have thorized to offer been committed in any town in this state, the selectmen of said rewards for dis- town are authorized to offer, publicly, a reward not exceeding the sum of two hundred dollars, to the person or persons who shall make discovery and give information against any other person or persons, guilty of such crime or misdemeanor, so that he or they may be tendered to justice and convicted; which sum so offered as a reward shall be paid to such informer or informers from the town treasury, by order of the court before which such conviction is had.

1852. Governor may

executive of

tives from this state.

SECT. 275. The governor may, in cases authorized by the conappoint agents to stitution and laws of the United States, appoint agents to demand receive from the and receive, from the executive authority of any other state, any other states, fugi- fugitive from justice, or any person charged with felony or other high crime in this state; and whenever an application shall be made to the governor for that purpose, such application shall be sustained by a properly attested copy of the indictment, information, or complaint, as the case may be, the warrant of the magistrate, and the return of the officer; together with original affidavits of one or more of the principal witnesses.

State attorney to investigate

cation.

SECT. 276. The state attorney, or any other prosecuting officer, grounds of appli- when required by the governor, shall forthwith investigate the grounds of such application, and report to the governor all the material circumstances which may come to his knowledge, and his opinion as to the expediency of the demand; but the governor may, in any case, appoint such agents, without requiring such report and opinion.

Proceedings, when demand is

SECT. 277. When a demand shall be made upon the of governor made upon the this state, by the executive authority of any other state, in any case governor for sur- authorized by the constitution and laws of the United States, for tives from other the surrender of any person, charged in such state with felony or

render of fugi

states.

Conveyance through this

ed in other states.

other high crime, the state attorney, or any other prosecuting officer, when required by the governor, shall forthwith investigate the ground of such demand, and report to the governor all material facts which may come to his knowledge, as to the situation and circumstances of the person so demanded, and whether such demand is made according to law, so that such person ought to be surren dered. And if it shall appear to the governor, that such demand is conformable to law, and ought to be complied with, he shall issue his warrant, directed to any sheriff or other proper officer, authorizing and requiring the arrest of such person, and his delivery to the agent appointed to receive him.

SECT. 278. When an offender shall be apprehended in any neighstate, of fugi boring state, and it may be necessary to convey him through this tives apprehend-state to the place where the offense was committed, any justice of the peace in this state, upon application made, and proof that lawful process has issued against such offender, shall issue a warrant, directed to any sheriff or other proper officer, or to any person by name, who shall be sworn to the faithful performance of his duty, authorizing such conveyance; and such person or officer shall cause such offender to be conveyed to the line of this state, next to the state where the offense was committed, there to be delivered to some proper officer ready to receive him; and all persons, to whom such warrant may be directed, are required to obey the same, upon tender of the lawful fees therefor.

SECT. 279. A reasonable compensation shall be allowed the at

state attorney.

1854.

may surrender

torney for the state, who shall be called upon to perform any duty Compensation of under the three preceding sections of this act, and his necessary expenses; which shall be taxed by the superior court in the county where such services may be rendered. SECT. 280. Whenever any person shall have entered into a when surety in recognizance, or become bound for the personal appearance of a recognizance another, according to the provisions of this act, and such surety his principal. shall afterwards believe that his principal intends to abscond, and shall apply to a justice of the peace in the county in which such principal resides, and produce sufficient evidence of his being such surety, and verify the reason of his application by oath or affirmation, such justice shall forthwith grant a mittimus, directed in the mode prescribed for the direction of process in criminal cases, and commanding the officer, or indifferent person, serving such mittimus, forthwith to arrest such principal, and commit him to the common jail in such county, and the keeper of such jail shall receive such principal, and retain him in jail until discharged by due order of law.

SECT. 281. Any such surety, who shall surrender his principal in When surety may be dischargaccordance with the provisions of the preceding section, shall thereby ed from liability. be fully and absolutely discharged from his said bond or recognizance, and no longer remain in any way liable for any costs or expenses, incurred in the prosecution, imprisonment, or conviction, of such principal.

when.

1854.

SECT. 282. Whenever any building, or other property, in this Justices of peace state, shall be destroyed by fire, and a complaint, within ten days may summon a thereafter, shall be subscribed and sworn to, before any justice of jury of inquest, the peace for the county where such fire shall happen, alleging that reasonable grounds exist for believing that said fire was not accidental in its origin, but was caused by design, such justice shall forthwith issue his warrant to some constable of the town where such property was destroyed, requiring him to summon immediately six good and lawful men of the county to appear before said justice, at the time and place expressed in the warrant, to inquire when, how, and by what means, said fire originated. And if any person, so summoned, shall not appear, the constable shall, by order of said justice, return some person from the by-standers to complete said number. SECT. 283. When the persons thus summoned appear, or the Jury of inquest number be made complete, the said justice shall call over their view of the spot, names, and then, in view of the spot on which said property was destroyed, he shall administer the following oath :-You solemnly swear that you will diligently inquire, and true presentment make, on behalf of this state, when, how, and by what means, the fire which has here occurred, was caused, and you shall return a true inquest, according to your knowledge, and such evidence as shall be laid be

fore you.

to be sworn in

and oath.

turnable forth

SECT. 284. The justice may issue subpoenas for witnesses, return- Witnesses to be able forthwith, at such time and place as he shall therein direct. subponed, reSuch witnesses shall be allowed the same fees, and their attendance with. enforced in the same manner, as if they had been served with a subpœna in behalf of this state, to attend any court of the same; and the party making such complaint shall be liable to such witnesses for their fees.

witnesses.

SECT. 285. An oath to the following effect, shall be administered Form of oath to to such witnesses, by said justice:-You solemnly swear that the evidence which you shall give to this inquest, concerning the origin

Testimony to be

of the fire, of which inquiry is now to be made, shall be the truth, the whole truth, and nothing but the truth, so help you God.

SECT. 286 The testimony of all witnesses, examined before any put in writing. inquest, shall be reduced to writing by said justice, or some other person by his direction, and subscribed by the witnesses.

Inquisition to be drawn up and signed by the

jury.

What fees allowed.

1857.

appoint fire

marshal.

SECT. 287. The jury, after hearing the testimony of the witnesses, and making all needful inquiry, shall draw up and deliver their inquisition to said justice, under their hands, in which they shall find and certify, when, how, and by what means, such fire was caused; and said inquisition and testimony, thus subscribed, shall be filed by said justice with the clerk of the superior court for said county, within one week thereafter.

SECT. 288. No fees shall be allowed, or paid, for any of the services required by the six preceding sections of this act, except to the witnesses, as therein provided.

SECT. 289. The mayor, aldermen, and common council, of each Mayer, &c., may city, and the wardens and burgesses of each borough, may appoint a fire marshal for each of their several corporations, who shall hold his office for one year, and shall have power to inquire into the cause of any fire, which may happen in the limits of the corporation for which he is appointed, on being requested so to do by a proper officer of said corporation, or by any one interested in the property burned, at the expense of the applicant; and he may summon witnesses to appear before him, at such times and places as he may designate, and examine said witnesses, on oath, touching said fire, and shall make a report of his examination, and the facts found by him, to the clerk of the city, or borough, for which he is appointed.

Power of marshal

SECT. 290. Whenever any fire shall happen out of the limits of a conferred on jus- corporation, in which there may be a fire marshal, any person, intertice of the peace. ested in the property burned, may apply to any justice of the peace in the town where said fire has taken place, and said justice, in like manner as is provided in the preceding section, and at the expense of the applicant, may summon witnesses before him, and examine them, on oath, in relation to said fire, and shall find the facts as they may be proved before him, which finding shall remain in the files of his office.

Fees.

SECT. 291. The fees of such fire marshal, or justice of the peace, while engaged in investigating the cause of any fire, as aforesaid, shall be two dollars and fifty cents per day; and witness fees, subpœnas, and the service of subpoenas, shall be the same as are allowed in the superior court.

CHAPTER XIII.

OF COSTS.

Witnesses from SECT. 292. Whenever, in any criminal prosecution, before the ont of the state, superior court, it shall be necessary to obtain the testimony of any

how paid.

witnesses residing without this state, such court may allow to such witnesses a just and reasonable sum for their time and expenses, in