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Of general provisions concerning proceedings in criminal cases. 1847 160 (1847)

handle is hein.slavery/ssactsva0633 and id is 1 raw text is: Search Warrants.

to the court during the progress thereof; provided the truth or tile
case be fa'irly stated in such exceptions; and thereupon, the said Cx-
ceptions shall become a part of the record of such proceeding.
Writa of error.  fi. Error apparent oil the record, in any judgment for contempt,
rendered by any court other than the court of appeals, or in the pro.
ceediir-; on which such judgment is rendered, may be corrected by
writ of error ; and to that end the writ shall lie to the county and cor.
poration courts from tile circuit superior courts or law and chanlcery;
to the said circuit superior courts from the general court; to the ge.
neral court front the court of appeals ; or rrom aly judge of the said
courts respectively iln vacatioi: Provided, That such writ from the
court of appeals to the general court shIll not extend to aiy judg.
ment afiirming or reversing a judgmnent of a circuit superior court of
law and chauccry.
r;I14,,,ui,,,of  7. To enable any party to apply for such writ of error, it shall be
,xeui,,.    ]awfjul Ifor the court w hose judgment muay he complined or, to sus.
peid the cxecution thereof for such time and on such terms and coil.
ditiois as the court miny deei proper. And tile writ shall operate as
a suuit jrscileas to the jild(nleit when the court or juige awarding such
writ shall so direct; which direction miay be given on such terms awl
crtliitioiis as the s;il court or judge may deem propier.
Wlien ex, eutivo  H. When judglenit shall hli'e been rendered against any person
eirli.lu inI for ai colteinipm, and there shall tie ally thing ill the Inature of the or.
1ill. .   fence or conditiou of tile oll nder strongly recoinmmendinlg hin to
inercy, the executive shall have power to pardon the offence aid re-
init the piliislinent in whole or iii part.
.\tmellunnt.4 to  9. Notliig in the four next lreceding sections contained shall ie
not intcrl'f,'d  comistruetl to extendl to ally proceed ttg y attachueut to compel the
with.        perf'orlnancc of ally decree or judgment, or to emirorcc obedience
thereto.
C[IAP. XXV.
01' iiNeItIAI. PIiVISIONS CONCEIRNINi PIIOCIEDiIN(i, IN CRIMINAL
CASi .
ECTION                         SECTION
1. Search warrants for property sto-  4. Search in niglit time, when al-
t'n, & c.                        wtrove,.
2. In whiit other caes:, to lie issued.  5. Proptfrly seized, how to lie dis-
. To whoi directed, aid when and   posed or.
how to lie executed.
S.arei, warra .ai  I. When colplaint shall be made on oath to aiy magistrate aii-
VIr pro.,rtyl, thorized to issue warrants iu crimiiial cases, that personial property
has been stolen or embezzled, or obtained ly false tokeus or pre-
tences, and that the complainant believes that -t is concealed ill ally
particular house or place, tile magistrate, ir lie be satisfied that there
is reasonable cause for such belief' shall issue a warrant to search for
such property.
in wt i        r 2. Aly such imagistrate may also, upon like complaint made oa
m..t,, ,,arvi w oath, issue search warrants, when satislied that there is reaolable
rlllI, alloweld,  I
cause in time following cases, to wit
For coiterrit  First, to search for and seize ally counterfeit or spurious coin,
Col , notes, &  forged bank notes and other forged instruments, or aily tools, ma-
chies or materials prepared or provided for muakiig either of them.
,r ,lm'.i,    Secondly, to search for and seize aity books, pamphlets, ballads,
hook ,ipriiit,&v.i printed papers or other things containing obscene language, or oh-

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