R. S. 132, § 1. 1856, 121, § 1. 2 Gray, 69. Selling lottery tickets, shares, &c., or aiding therein. R. S. 132, § 2. 1856, 121, § 1. property, or the sale of a lottery ticket, or share of a ticket, cr any other writing, certificate, bill, token, or other device, purporting or intended to entitle the holder, bearer, or any other person, to a prize, or to a share of or interest in a prize, to be drawn in a lottery, or in such disposal of property; and whoever knowingly suffers money or other property to be raffled for in such house, shop, or building, or to be won there by throwing or using dice, or by any other game of chance; shall for each offence be punished by fine not exceeding two thousand dollars. SECT. 3. Whoever sells, either for himself or another person, or offers for sale, or has in his possession with intent to sell or offer for sale, or to exchange or negotiate, or in any wise aids or assists in the selling, negotiating, or disposing of, a ticket in any such lottery, or a share of a 2 Met. 329, 338. ticket, or any such writing, certificate, bill, token, or other device, or any share or right in such disposal or offer, as is mentioned in section one, shall for each offence be punished by fine not exceeding two thousand dollars. Second conviction. R. S. 132, § 3. 1856, 121, § 1. Advertising lot tery tickets for sale. Exhibiting rep resentation of lottery, &c. B. R. S. 132, § 4. 5 Pick. 41, 42. Making or selling tickets in fictitious lottery. R. S. 132, § 5. Defendant to a prove genae ness, &c., of tickets sold by him. Prizes, &c., forfeited to the state. SECT. 4. Whoever, after being convicted of any offence mentioned in either of the preceding sections, commits the like offence, or any other of the offences therein mentioned, shall, in addition to the fine before provided therefor, be punished by imprisonment in the house of correetion not exceeding one year. SECT. 5. Whoever advertises any lottery ticket, or any share in such ticket, for sale, either himself or by another person, or sets up or exhibits, or devises or makes for the purpose of being set up or exhibited, any sign, symbol, or emblematic or other representation, of a lottery or the drawing thereof, in any way indicating where a lottery ticket or a share thereof, or any such writing, certificate, bill, token, or other device, before mentioned, may be purchased or obtained, or in any way invites or entices, or attempts to invite or entice, any other person to purchase or receive the same, shall for each offence be punished by fine not exceeding one hundred dollars. SECT. 6. Whoever makes or sells, or has in his possession with intent to sell, exchange, or negotiate; or by printing, writing, or otherwise, assists in making or selling, or in attempting to sell, exchange, or negotiate a false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token, or other device, before mentioned, or any ticket, or share thereof, in a fictitious or pretended lottery, knowing the same to be false or fictitious; or receives any money or other thing of value for any such ticket or share of a ticket, writing, certificate, bill, token, or other device, purporting that the owner, bearer, or holder, thereof, shall be entitled to receive any prize, or share of a prize, or any other thing of value, that may be drawn in a lottery, knowing the same to be false or fictitious; shall for each offence be punished by imprisonment in the state prison not exceeding three years. SECT. 7. Upon the trial of an indictment for either of the offences mentioned in the preceding section, any ticket or share of a ticket, or any other writing or thing before mentioned, which the defendant has sold or offered for sale, or for which he has received a valuable consideration, shall be deemed to be false, spurious, or fictitious, unless such defendant proves that the same was true and genuine, duly issued by the authority of some legislature within the United States, that such lottery was existing and undrawn, and that such ticket or share thereof, or other writing or thing before mentioned, was issued by lawful authority, and binding upon the persons who issued the same. SECT. 8. All sums of money and every other valuable thing drawn as a prize or as a share of a prize in any lottery, and all property disR. S. 132, § 8. posed of or offered to be disposed of by any chance or device under 1856, 121, §§ 1,2. the pretext mentioned in section one, by any person being an inhabitant or resident within this state, and all sums of money or other things of value received by any such person, by reason of his being the owner or holder of any ticket or share of a ticket in a lottery or pretended lottery, or of a share or right in any such scheme of chance or such device, contrary to the provisions of this chapter, shall be forfeited, and may be recovered by an information filed, or by an action for money had and received brought by the attorney-general or any district-attorney or other prosecuting officer in the name and on behalf of the commonwealth. SECT. 9. All racing, running, trotting, or pacing, of any horse or Racing, &c., deother animal of the horse kind, for a bet or wager of money or other flared unlaw ful. Penalty. valuable thing, or for a purse or stake, made within this state, is declared 1816, 200, §§ 1, 2 to be unlawful; and all persons engaged in such racing, running, trotting, or pacing, for any such bet or wager, purse or stake, and all persons aiding or abetting the same, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the jail not exceeding one year, or by both such fine and imprisonment. regulation of and trotting parks. Select- SECT. 10. No land within any town or city shall be laid out or used Location and as a race ground or trotting park, for the admission to which of persons race grounds or property, any money or other valuable consideration shall be directly or indirectly taken or required, without the previous consent of and location by the selectmen or mayor and aldermen; who may regulate and alter the terms and conditions under which the same shall be laid out, used, or continued in use; and discontinue the same when in their judgment the public good so requires; and no land shall be used for any of the purposes mentioned in the preceding section. deemed nui SECT. 11. Every race ground or trotting park established, laid out, Unlawful race used, or continued in use, contrary to the provisions of this chapter, is grounds declared a common nuisance, and shall be abated as such; and all per- sances. Pensons owning, keeping, using, or permitting to be used, such race ground 1856, 102, §§ 2, 3. or trotting park, or aiding or abetting therein, shall be punished in the manner provided in section nine. alty. CHAPTER 168. OF FELONIES, ACCESSORIES, ABETTORS, AND ATTEMPTS TO COMMIT 11 allem 257 1852, 37, § 1. SECTION 1. Any crime punishable by death or imprisonment in the Felony state prison is a felony; and no other crime shall be so considered. 3 Gray, 448. SECT. 2. It shall not be necessary to allege in any indictment or Indictments, complaint that the offence charged is a felony, or felonious, or done &c., for, not to feloniously; nor shall any indictment or complaint be quashed or 1852, 37, § 3.3allen 558 deemed invalid by reason of the omission of the words "felony," 1858, 23. "felonious," or "feloniously." be quashed, &c. sory before fact SECT. 3. Whoever aids in the commission of a felony, or is acces- Persons accessory thereto before the fact, by counselling, hiring, or otherwise procur- punished as ing, such felony to be committed, shall be punished in the manner principals. prescribed for the punishment of the principal felon. R. S. 133, § 1. Accessories be fore fact, when R. S. 133, § 2. 16 Mass. 423. SECT. 4. Whoever counsels, hires, or otherwise procures, a felony to and how tried. be committed, may be indicted and convicted as an accessory before the fact, either with the principal felon, or after his conviction; or may be indicted and convicted of a substantive felony, whether the principal 11allen 258 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. 3 Gray, 448. 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. 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 commiɛsion 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: First. If the offence attempted to be committed is punishable with death, the person convicted of such attempt shall be punished by 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 170. — Of Search Warrants, Rewards, Arrest, Examination, Commitment and Bail. 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. CHAPTER 176.- Of Fines, Forfeitures, and Costs. CHAPTER 177. — Of Fugitives from Justice and Pardons. 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 security to keep the peace, or for their good behavior, or both, as provided in this chapter. 1859, 196. See § 14. 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. nizance to keep SECT. 4. When the party complained of is brought before the court Trial. Recog or magistrate, he shall be heard in his defence, and may be required to the peace. R. S. 134, § 4. 2 B. & A. 278. 4 Mass. 497. 8 Mass. 78. Proceedings upon an order to recognize, &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 order, he shall be discharged; but if he refuses or neglects, the court or magistrate shall commit him to the jail, house of correction, or house of R. S. 134, §§ 5,6. 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. 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 com R. S. 134, § 7. plained 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, Payment of costs in other cases. R. S. 134, § 8. Appeal. R. S. 134, § 9. 1852, 14. 1859, 196. Witnesses to recognize. 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 R. S. 194, § 10. be necessary to support the complaint, to recognize for their appearance at the court appealed to. Proceedings on appeal. R. S. 134, § 11. Recognizance, when to remain in force. R. S. 134, § 12. Person commit ognizing, how 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 recog nizance 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 ted for not rec- 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. discharged. R. S. 134, § 13. Recognizances ted to court. Suit thereon. SECT. 13. Every recognizance taken pursuant to the foregoing proto be transmit- visions 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. R. S. 134, § 14. when to be re quired on view of court or magistrate. R. S. 134, § 15. SECT. 14. Whoever in the presence of any magistrate mentioned in 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 magis trate contends with hot and angry words, to the disturbance of the peace, may be ordered, without process or any other proof, to recognize |