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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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plaint in behalf of the State before him, and the powers, duties
and liabilities of the coroner, officer or witness shaU be the same
as upon such complaint

Sec. 8. The jurors having been sworn, the coroner shall give
them a charge, upon their oaths, to declare of the death of the
person, whether he died of felony, mischance or accident ; and if
of felony, whether he died of his own or of another ; if of the
felony of another, who were the principals and who accessories,
with what instrument he was struck or wounded, and all impor-
tant circumstances; if he died of his own felony, the manner,
means and instrument thereof, and all circumstances attending it;
if by mischance or accident, how and in what manner ; and in all
cases to inquire whether he was killed in the place where found or
elsewhere, and if elsewhere, how and by whom he came to such

Elace ; and every fact relating to the cause of death which the
nder of the boay or any other person mav know.
Sec. 9. The jurors being charged shall stand together, and the
coroner shall cause proclamation to be made, for all persons who
can give evidence how and in what manner the person then and
there lying dead came to his death, to draw near and be sworn.

Sec. 10. The coroner shall administer to every witness the fol-
lowing oath.

^^ You solemnly swear that the testimony which you shall give
to this inquest, concerning the death of here lying dead,

shall be the whole truth and nothing but the truth. So help you
God."

Sec 11. The testimony of every witness shall be drawn up in
writing and subscribed bv him ; and if his testimony charge any
person with killing or being in any way instrumental in the deatn
of the person so found dead, the coroner shall bind such witness
by recognizance, in a reasonable sum, for his personal appearance
at the next term of the court of common pleas for the same
county, there to give evidence accordingly ; if such witness shall
refuse to recognize as aforesaid, the coroner shall commit him to
the common jail.

Sec. 12. The jury having viewed the body, heard the evidence
and made all the inquiry in their power, shall draw up and deliver



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CHAP. 239.] OORONER's INaVBBTS* 571

to the coroner tfaeir verdict upon stich death in writing under their
hands, and the coroner shall set his hand and seal thereto, and
shall return the same with all recognizances, if any, by him taken,
to the next term of the court of common pleas holden within and
for the same county.

Sec. 13. The form of the inquisition shall be in substance as
follows :

THE STATE OF NEW HAMPSHIRE.

£. ss. An inquisition taken at in said county, the

day of in the year of our Lord before

one of the coroners of said county, upon the view of the body of
there lying dead, by the oaths of a justice of the

peace for said county, and of and all reputable

persons, who being sworn and charged to inquire for the State
when, bow and by what means the said came to his death,

upon their oaths do say (here insert how, where, when, by what
means and with what instrument the death occurred.) So the
jurors aforesaid upon their oaths aforesaid do say (here insert the
following in case of murder :) that the said (or some per-

son to the jurors unknown) in manner and form aforesaid, the
aforesaid then and there, of his malice aforethought, did

kill and murder, against the peace and dignity of the State ; (in
case of self murder insert instead :) that the said in man«

oer and form aforesaid, then and there voluntarily and feloniously,
as a felon of himself, did kill and murder himself, against the
peace and dignity of the State ; (or in case of death by misfortune
insert instead :) that the said in manner aforesaid came to his

death by misfortune ; (or in case of death happening innocently
by the hands of another person, insert instead :) that the aforesaid
the aforesaid (deceased) by misfortune, and con-

trary to the will of the said in manner and form aforesaid

did kill and slay.

In witness whereof the said jurors have hereunto set their hands
the day and year first above written.



»



-, S Jurors.



In witness of all above written the said coroner hath hereto set
his hand and seal the same day and year.

. (l. s.)

Sbc. 14. If any person charged by the inquest with having
caused the death of the person whose body lies dead before them,
shall not then be in custody, the coroner shall forthwith notifv
some justice of the peace of the same county thereof, that such
person may be apprehended, examined and secured for trial accord-
ing to law.

BBC. 15. Every coroner, after taking an inquest of the violent



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672



PR0CEBDIN08 IN CRIMINAL CA8B8. [tITLB XXVIX.



or casual death of any stranger, shall bury the dead body in a
decent manner, and the expenses of snch inqaest and burial shall
be paid to said coroner out of the treasury of the county, upon his
certifying that the deceased was a stranger, on his account being
examined and allowed by the court of common pleas.



CHAPTER 240,

OF PROCEEDINGS IN CRIMINAL CASES.
COMPILED FROM

Chapter 225 of the Revised Statutes.
" a4, Laws of 1843.
" 855, " « 1849.
« 962, « " 1850.



Sbgtior
1. Offenders to be indicted before trial.
Trial, where, if offence committed

partly in two counties.
Prisoner indicted for capital offbnce
entitled to copy of indictment, &c.
Witnesses maj be used to rebnt or

explain.
Proceedings when prisoner stands

mate. »

Any person indicted for mnrder maj

plead, &c
Prisoner maj challenge jurors.
State not entitled to peremptory chal-
lenge.
Time of execution.
Punishment of death, how inflicted.
Solitary imprisonment, how inflicted.
Punishment in cases where benefit
of clergy allowed.
** on second conviction.

" on third couTiction.

Proceedings upon second or third
conviction.



2.



3.



5.
6.

7.

8.

9.
10.
11.
12.

13.
14.
15.



Sbotioh

16. Convict to be branded upon a second

commitment

17. Effect of imprisonment for life.

18. Convict liable for costs of proeeca-

tion.

19. Prosecutor to receive compensatioB

for expenses, when.

20. Complainant may be witnesa.

21. Intent to defraud, how aU^ed and

proved.

22. Officers to seise articles made, kept or

used unlawfully.

23. Neglect of duty by public officer, pen-

alty if no other specified.

24. Insane off^ender, how treated.

25. " ^ how supported.

26. << " how diSchaiged.

27. If bond given, friends may daim.

28. Any person indicted may plead not

guilty by reason of insanity.

29. Court may commit insane offenders

to Jail or insane hospital.

30. Insane offenders, how supported.

31. «« « u discharged.



Section 1. No person shall be tried for any offence, the pan-
ishment of which may be death or confinement to hard labor, until
an indictment be found against him by the grand jury of the county
in which the offence was committed.

Sec. 2. If any person shall be feloniously stricken, wounded or



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CHAP. 240.] PR0CBEDING8 IN CRIMINAL 0A8B8. 573

poisoned in one county, and shall die of the same stroke, "wonnd
or poison in another county ; or if any person shall aid in the com-
mission of any offence, or be accessory thereto before the fact, in
one county, which offence may be committed by the principal
offender in another county ; or if parts of any offence may be com-
mitted in more than one county ; in either of said cases the offence
shall be deemed to have been committed, and the indictment may
be found and the trial had in either county.

Sec. 3. Every person indicted for any offence, the punishment
of which may be aeath or confinement to hard labor for life, shall
be entitled to a copy of the indictment before he is arraimed
thereon ; a list of the witnesses to be used on the trial, and of the
jurors returned to serve on the same, with the name and place of
abode of each, to be delivered to him forty-eight hours before the
trial ; counsel learned in the law, not exceeding two, to be assigned
bim by the court at his request, and who shall have access to him
at all reasonable hours ; liberty to make full defence by himself
and counsel, and to make any proof by lawful witnesses that he
may produce ; and process from the court to compel such witnesses
to appear and testify at the trial, such as is usually granted on be-
half of the State.

Sec. 4. None of the provisions of the third section of the two
hundred and twenty-fifth chapter of the revised statutes (the pre-
ceding section) shall be so construed as to preclude the State's
counsel from using any witnesses to rebut or explain any evidence
of new matter offered by the defendant, or to discredit his witnesses,
although the names of such witnesses have not previously been
furnished to the defendant : provided, however, that the court may,
if in their opinion justice requires it, give the defendant time to
answer such testimony as may be so offered by the State's counsel
as aforesaid. {Laws of 1843, chap. 34, sec. 17.)

Sec 5. If any person indicted for any offence which may be
punishable by death or confinement to hard labor for life, shall
stand mute when arraigned thereon, a jury shall forthwith be em-
pannelled and sworn to try whether he stands mute by the provi-
dence of God, or wilfully and fraudulently. If he stands mute by
the providence of God, he shall be remanded to prison, and shall
not be proceeded arainst until he has recovered therefrom ; but if
he stands mute wilfully and fraudulently, the trial shall proceed
and judgment be rendered as if he had pleaded not guilty ; but he
shall be allowed no challenge to the jurors. {R. &, sec. 4.)

Sec 6. Any person inducted for murder may plead guilty of
murder in the second de^ee, of manslaughter, or of any minor
offence which is included m the indictment for murder, and if such
plea be accepted by the State's counsel, judgment may be rendered
upon such plea as upon a verdict finding such offence ; but if the
plea shall not be accepted, it may be withdrawn and a plea of not
guilty entered, and, in such case, the former plea shall not operate
against him on his trial. (Laws of 1850, chap. 962, sec, 5.)



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674 pmooEBDiNos in crucinal cASca* [titlb xxtu.

Sbc. 7. Every person airaigned and put on trial for any offence^
which may be paniBhable by death or by confineinentto hsLtd labor
for life, except when standing mute, may challenge twenty of the
jurors peremptorily, and any others for sufficient cause. (£. &,
sec* 5.)

Sbc. 8. No peremptory challenge to jurors shall be allowed in
behalf of the State. {K &, sec. 6.)

Sec. 9. No person convicted of murder in the first decree shall
be executed within one year from the day sentence of (kath was
passed. {Laws of 1849, chap. 855.)

Sec 10. The punishment of death shall be inflicted by hang-
ing the person convicted by the neck until dead, and the execution
shall take place within the walls or yard of a prison in ihe comity
in which he was convicted. The sheriff of the county shall he
present, unless prevented by some unavoidable casualty, and two
of his deputies to be designated by him, and he may require the
attendance and aid of a military guard, or such assistants as he
shall think necessary. He shall also request the presence of the
attorney general or solicitor, clerks of the courts in the comity,
and other reputable citizens, including a physidan or su^eon, not
exceeding twelve ; and the relations of the convict, his counsel,
and such priest or clergyman as he may desire may be present, but
no other person.

* Sec. 11. Every convict sentenced to solitary imprisonment,
shall suffer the whole thereof immediately after his commitment to
the state prison, unless the directors thereof shall think that such
imprisonment may endanger his life, in which case it shall be in-
flicted at such intervals as they may order.

Sec. 12. U any person shall be convicted of any offence at
common law, the punishment of which by such common law was
death, and wherein benefit of clergy has been allowed, he shall be
punished therefor by fine not exceeding three thousand dollars, and
by imprisonment in the common jail not exceeding two years, or
by either of said punishments in the discretion of the court.

Sec. 13. If any person having been convicted of an offence
punishable in any part, by confinement to hard labor or imprison-
ment, and having been confined or imprisoned in pursuance of a
sentence thereon, shall be again convicted of any offence punish-
able in like manner, he shall be liable, in addition to the punish-
ment inflicted for the first offence, to a further punishment of the
same kind and amount.

Sec 14. If any person having been twice convicted of any
offence or offences punishable in any part, by confinement to haid
labor for a term of years, and imprisoned in pursuance of sentences
thereon, shall be again convicted of any offence punishable in like
manner, he may, in addition to the punishment inflicted for a first
offence, be punished by confinement to hard labor for life.

Sec 15. In every case described in the two preceding sections,
the offender may be indicted therefor, or the attorney general or



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CHAP. 240.] PROCEEDINGS IN CRIMINAL CA8B8. 576

solicitor may file an information against soch convict for such
second or third offence, at any time before sentence ; and npon
proof thereof he shall be sentenced accordingly.

Sec 16. Upon the commitment of any person to the state
prison a second time, the warden shall mark in the arm of sncb
convict, with India ink well and deeply inserted, the letters N. H.
S. P., and figures denoting the year in which he is so committed,
and if such mark shall be effaced, the warden shall renew the same
until it be indelibly fixed.

Sec. 17. If any person shall be convicted of any offence pun-
ishable by imprisonment or confinement to hard labor for life, and
shall be sentenced and imprisoned accordingly, such conviction
shall be deemed a civil death ; and thereupon the bonds of matri-
mony shall be dissolved, his property shall descend, administration
upon his estate shall be granted, and all contracts to which he is a
party, and all his rights, powers and liabilities of every kind shall
be affected in the same manner as in case of the death of such
convict.

Sec. 18. Upon the conviction of any person for an offence
punishable by imprisonment or confinement to bard labor, judg-
ment may be rendered against said convict for the costs of prose-
cution, and execution thereupon issued against his property.

Sec 19. Upon any conviction for larceny, receiving or conceal-
ing stolen property, or making, uttering or passing counterfeit coin
or bank bills, the court shall allow the prosecutor, out of the coun-
ty treasury, a reasonable recompense for his time and expenses in
such prosecution.

Sec 30. No person, except the respondent, shall be disqualified
as a witness upon the trial of any offence, by reason of any interest
in the event of such trial.

Sec. 21. When an intent to defraud is necessary to constitute
any offence, it shall be sufficient to allege in the indictment or in-
formation such intent generally ; and proof of an intent to defraud
any person or any body politic or corporate, shall be competent to
support such indictment or information.

Sec. 22. Any officer who shall find any implement, article or
thing made, kept, used or desij^ned to be used in violation of law
or in the commission of any offence, in the possession of or belong-
ing to any person arrested or liable to be arrested for such offence
or violation of law, shall bring such implement, article or thing
before the justice or court having jurisdiction of the offence, who
shall make such order respecting their custody or destruction as
justice may require.

Sec 23. . If any public officer shall wilfully neglect any duty
imposed upon him by law, and no penalty shall be prescribed by
statute for such neglect, such public officer guilty of such neglect
shall forfeit and pay a sum not exceeding thirty dollars.

Sec. 24. Whenever any person prosecuted for any offence, shall
be acquitted by the petit jury, or whenever the grand jury shall



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576 PROCEEDINGS IN CRIMINAL CASES. [tITLE XXTII.

omit to find a bill of indictment against an^ person, for the reason
of insanity or mental derangement, such jary shall certify to the
court the reason of such acquittal or omission to find a bill ; and
the court being of opinion that the going at large of such person
will be dangerous to the safety of the citizens of the State, may
commit him to prison or to the insane hospital, there to remain
until restored to his right mind or otherwise delivered by due course
of law.

Sec 25. Every person so committed shall be kept at his own
expense, if he has estate sufficient for that purpose, otherwise at
the charge of the county in which such proceedings are had.

Sec. 26. The court of common pleas for such county may dis-
charge from confinement any such person, when it shall be made
to appear to their satisfaction, that the going at large of such per-
son will not be dangerous to the safety of the citizens and to the
peace of the State.

Sec. 27. Upon the application of any friend of such insane
person, said court may commit such insane person to the custody
and safe keeping of such friend, the applicant first giving bond,
with sufficient surety, to the judge of probate for the county, condi-
tioned for the safe keeping of such insane person, and for the pay-
ment of all damages which any person may sustain by reason of
the acts or doings of such insane person ; the bond to be approved
by said court and to be put in suit for the benefit of any person
interested, in the same manner as other probate bonds.

Sec 28. Any person indicted for any offence, may plead that
he is not guilty by reason of insanity or mental derangement, and
thereupon if such plea be not contested by the State's counsel, or
if contested, shall be found by the jury, an order, except when the
indictment is for murder, may be made as is provided by section
twenty-one of the chapter of which this is an amendment (sec 24
of this chapter.) {Laws of 1850, chap. 962.)

Sec 29. When the grand jury shall refuse to indict on a com-
plaint for murder, or when the petit jury shall acquit a person in-
dicted for murder on account of insanity or mental derangement,
or if such person, so indicted, shall plead not guilty by reason of
insanity or mental derangement, and such plea shall not be con-
tested by the State's counsel, or if so contested, the petit jury shall
acquit for such reason, the court, before which the proceeding are
had, may commit such person to the common jail or to the insane
hospital, for life, or until otherwise delivered by due course of law.
{Laws of 1850, chap. 962, sec. 2.)

Sec 30. Any person committed to the insane asylum by vir-
tue of this act, shall be kept there at his own expense, if he has
sufficient estate for that purpose, without endangering his family
to become chargeable to the town ; otherwise at the expense of
the county where such proceedings are had. {Laws of 1860, chap.
962, sec. 3.)

Sec 31. The governor, by and with the consent of the coun-



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CBAP. 241.] JAILS AND HOUSB8 OF OOBBBOTION.



877



cil, may discbaige nnj sach penon from confinement when ihej
shall be satisfied that it can be done with advantaffe to sach person
mad safety to the public ; and the governor, with advice of the
council, may at any time transfer any person, so confined in the
common jail, to the insane asylum, whenever they shall be satisfied
that such transfer will be conducive to the health and comfort of
audi person and the welfare of the public {Laws of 1860, ^ap.
962, sec. 4.)



TITLE XXVni.

OF IMPRISONMENT.



Chapter 341. Of jails and bouses of correction.

Chapter 242. Of the state prison.

Chapter 243. Of power of warden to borrow money.



CHAPTER 241.

OF COMMON JAILS AND HOUSES 07 COBBECXION.
COMPILED FROM

Chapter 226 of the Revised Statutes.
<' 351, Laws of 1846.



Sbotioh
1. A jail to be kept in eedi coan^.
3. Conrt of common pleas to hare care

of jail and of prifonen.
8. Sheriff to be keeper of jail, and re-
ipoDBible for prisoners.
Sheriff shall appoint depatj jailer.
Jailer to proTide prisoners with sus-
tenance, clothing and necessaries.
Penalty for deftaading prisoners.
Jailer to fnmish C. C. P. with list of
prisofnen and ofi^nces*



4.
5.

6.

7.



Sbotiov

8. Sheriff liable for escape throigh in-

sufficiency of jaiL

9. Conn^ shall indemnif j sheriff.

10. United States prisoners may be con-

fined in jail.

11. Jail to be nsed when no house of cor-

rection in town or county.

12. Prisoners, when may be dischaiged.

13. ** remoTed in certain cases.

> 14. Expenses of remoyal paid by county.
16. Jatt in Belknap and Carroll counties.



Sbction 1. There shall be kept and maintained in good repair
in each county, one or more oommon jails, at the expense of the
county.

Sao. 2. The court of common pleas bIibII haye the caie of
bnildingi inspecting and repairing such jails, and at the eommenoe*



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678 JAIL8 AND HOUSES OP CORBECTION. [tITLS XXVIII.

ment of each term shall inquire into the state thereof, as respects
the security, treatment and condition of the prisoners, and shall
take all necessary precautions against escape, sickness or infection.

Sec. 3. The sheriff shall have the custody of the jails in his
county and of the prisoners therein, and shall keep the same per-
sonally or by deputy, for whose acts he shall be responsible.

Sec 4. The sheriff shall appoint one or more jailers, who, in
case of the absence or disability of the sheriff, or during any va»
cancy in the office, shall have the custody of such jail and the
prisoners therein.

Sec. 5. Every jailer shall provide each prisoner in his custody
with necessary sustenance, clothing, bedding, fuel and medicsd
attendance, and the court of common pleas shall allow him, out
of the county treasury, a reasonable compensation for the support
of all prisoners confined on criminal process.

. Sec 6. If any jailer shall defraud any prisoner of his allow-
ance, or shall not allow reasonable sustenance and accommoda-
tion, he shall forfeit twenty dollars for each' offence, to be recovered
by an action of debt by any person who will sue therefor.

Sec 7. Every jailer, at the opening of the court of common
pleas at each term in his county, shall return to said court a cer-
tified list of all prisoners then in his custody, with the time and
causes of their commitment, and shall also return before the ad-
journment of said court, the name and cause of commitment of
every prisoner committed during the session of said court. If any
jailer shall neglect to make any such return, he shall pay such
fine, not exceeding thirty dollars, as shall be set upon him by the
court.

Sec. 8. If any prisoner c&mmitted for debt or non-payment of
any forfeiture, shall escape through the insufficiency of the jail,
the sheriff of the county shall be liable to the creditor or person to
whose use such forfeiture was adjudged, for the full amount of the
damages sustained in consequence of such escape ; and the cir-
cumstances of such prisoner may be given in evidence in mitiga-
tion of damages.

Sec 9. Eveiy sheriff who shall be compelled to pay any sum
, under the preceding section, shall, on application to the court of
common pleas, be indemnified therefor fully from the county trea-
sury ; and, if not so indemnified within six months after such ap-
plication, he may recover the same in an action of the case against
such county, with reasonable damages for his trouble, expenses
and costs.

Sec 10. Prisoners may be committed under the authority of
the United States to any jail, upon payment of the expense of
supporting such prisoners, fifty cents per month for the use of the
jail for the county, and all legal fees of the jailer ; and the sheriff
shall receive such prisoners and be liable for any neglect of duty
as in case of other prisoners ; but the county shall in no case be
liable for any escape.



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QHAP« 242.]



STATB PRISON.



679



Sec. 11. When there is no house S[ correction in any town,
the county house of correction shall be used instead thereof ; if
there shall be neither, then the common jail of the county shall



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