Penalty for refusing admis accommodation Ib., 387, 23. dertaken to carry, or who shall, under any pretence, deny or refuse to any person lawfully applying for the same, accommodation equal in every respect to that furnished by him to any other person, for like compensation or reward, in a like case, having no regard to the persons per se who may be applicants therefor, shall, on conviction, be punished by a fine of one thousand dollars, and also by confinement at hard labor in the penitentiary for five years; and if such fine be not paid the convict shall be confined in the penitentiary at hard labor, as aforesaid, for not less than six years. SEC. 5. Whoever, conducting or managing any theatre, or other sion or adequate place of amusement or recreation, by whatever name the same may at theatres, &c. be recognized, or however called or known, if such theatre or place. be licensed or chartered, or be under any public rule or regulation whatever, shall willfully make any discrimination against any person lawfully applying for accommodation in, or admission to, any such theatre or place, on account of the race, color, or previous condition of the applicant, or shall refuse or deny to any person lawfully applying therefor, accommodation equal in every respect to that furnished at such place for a like reward to any other person, on account of race, color or previous condition of the applicant therefor, shall, on conviction, be punished by a fine of one thousand dollars, and also imprisonment at hard labor in the penitentiary for three years. of Punishment a:der abettor. Iv., 24. and Who to be deemed aiders and abettors. Ib., 25. Corporations Chapter to for SEC. 6. Whoever, not being the principal offender under Sections. 4 and 5 of this Chapter, shall aid or abet in or about the commission of any of the offenses therein mentioned, shall, on conviction, be punished by imprisonment at hard labor in the penitentiary for three years, and no such convict shall ever vote or hold any office under any law of this State. SEC. 7. Every commander, conductor, manager, or other person superintending or having charge of any vessel, or vehicle, or any theatre, or other place mentioned in this Chapter, and, as such, having authority and power to order and manage affairs in or about the same, who shall suffer or permit to occur any violation of this Chapter, which such commander, conductor, or manager, or person so superintending, and having such charge as aforesaid, can possibly prevent, shall be considered an aider and abettor in the commission of any such offense, and, on conviction, shall be subject to the penalties provided in Section 6 of this Chapter. SEC. 8. Every corporation or party whatever, holding any charviolating this ter or license under the authority of this State, who shall violate feit cl arters, &c. any of the provisions of this Chapter, shall thereupon be deemed and held to have committed an abuse of the franchises conferred by or under every such charter or license, and, on conviction, shall forfeit Ib.,. every such charter or license; and any party or parties who, having so forfeited any such charter or license as aforesaid, shall, nevertheless, presume to use or operate under or by virtue of the same, as well as every person who shall be found aiding any such party or parties thereabout, shall, on conviction, be punished by a fine of one thousand dollars, or imprisonment in the penitentiary for three years. Burden of proof on the defendant party. SEC. 9. In every trial for violating any provisions of this Chapter, when it shall be charged that any person has been refused or denied admission to, or due accommodation in, any of the places I, 27. in this Chapter mentioned, on account of the race, color or previous condition of the applicant, and such applicant is a colored or black person, the burden shall be on the defendant party, or parties, so having refused and denied such admission or accommodation, to show that the same was not done in violation of this Chapter. Solicitors to prosecute. cute. Penalty for SEC. 10. The several Solicitors of this State are hereby specially charged to take care that this Chapter be promptly and rigorously enforced; and every such Solicitor who shall fail in any respect in the performance of his duty under the requirement in this Section contained, shall be deemed to have committed a misfeasance in failure to proseoffice, and, on conviction, shall forfeit his office, and be incapable of holding his office for five years, and shall, also, pay a fine of five hundred dollars, and, in every case in which any such Solicitor shall fail in his duty, as herein prescribed, the Attorney General shall make the most effective prosecution possible against him on behalf of the State; and neither any Solicitor nor the Attorney cute Solicitor. General shall settle or enter a nol pros. in any case arising under this Chapter, except by the consent of the Court. The Attorney General to pro Ib., 388, 9. Persons accessory before fact principals. as (See 4 & 5 P. SECTION 1. Whoever aids in the commission of a felony, or is punisbed accessory thereto before the fact, by counselling, hiring, or otherwise procuring, such felony to be committed, shall be punished in 11, 484: Press the manner prescribed for the punishment of the principal felon. of ly's Law Magistrates, 17, 18; 1 Bouvier's Law Dict., vol. 1, 44.) Accessories be fore fact, when 103, 128, note. SEC. 2. Whoever counsels, hires, or otherwise procures, a felony and how tried. to be committed, may be indicted and convicted as an accessory beIb. Strob., fore the fact, either with the principal felon or after his conviction, or may be indicted and convicted of a substantive felony, whether the principal 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. Where to be tried. ter §§ 19, 20, 21.) SEC. 3. A person charged with the offense mentioned in the preIb. (See Chap. ceding Section may be indicted, tried and punished in the same 19, Court and County where the principal felon might be indicted and tried, although the offense of counselling, hiring or procuring the commission of such felony is committed on the high seas, or on land either within or without the limits of this State. Accessories after the fact, where tried. Ib. (See 1 Ann SEC. 4. Whoever becomes an accessory to a felony after the fact, how, when and may be indicted, convicted and punished (whether the principal felon has or has not been previously convicted, or is or is not amenaSt. 2. c. 9; 1712, ble 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. II, 543, 1.) Punishment for felony when not provided for. 1865, XI11,406, 175, 24. SEC. 5. Where no special punishment is provided for a felony, it Specially shall, at the discretion of the Court, be by one or more of the following modes, to wit: Confinement in a penitentiary, or in a work39; 1869, XIV, house or penal farm, (when such institutions shall exist,) for a period not less than three months nor more than ten years, with such imposition of hard labor and solitary confinement as may be directed. TITLE II. OF PROCEEDINGS IN CRIMINAL CASES. CHAPTER CXXXVIII. Of Arrests, Examination, Commitment and CXXXIX. of Indictments, Prosecutions and Proceed- Who may arrest a felon, and SECTION 1. Upon view of a felony committed, or upon certain information that a felony has been committed, any person may where. arrest the felon and take him to a Judge or Trial Justice, to be dealt with according to law. 1886, XIII,406, 211. When citizens may arrest, and the means to be Ib., 12. SEC. 2. It shall be lawful for any citizen to arrest any person in the night time, by such efficient means as the darkness and the probability of his escape render necessary, even if his life should be used. thereby taken, in cases where he has committed a felony, or has entered a dwelling house with evil intent, or has broken, or is breaking into, an out-house, with a view to plunder, or has in his possession stolen property, or, being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed. No civil process to be execu son attending SEC. 3. No civil officer shall execute any process arresting and ted on any per confining the person, or requiring bail or surety, (unless for treason, felony or breach of the peace,) on any person engaged in the mili16: 1839, XI tary service required by the laws of this State, going to or returning 41.12; 1841, from the same, under the penalty of twenty-five dollars, and the service of any such process shall be void. musters. XI, 210, 161; 1 Bail., 640. rioters, &c., may gve surety for the peace. 23. 1870, XIV,403, Affrayers, SEC. 4. All affrayers, rioters, disturbers and breakers of the be compelled to peace, and all who go armed offensively, to the terror of the people, and such as utter menaces or threatening speeches, or otherwise danand disorderly persons, and all persons arrested for assaults gerous and batteries, shall be examined by the Trial Justice before whom they are brought, and may be tried before him, and, if found guilty, may be required to find sureties of the peace, and be punished, or, when the offense is of a high and aggravated nature, they may be committed or bound over for trial before the Court of General Sessions, either by fine or forfeiture not exceeding one hundred dollars, or imprisonment in the jail or work house not exceeding thirty days. All persons may be bailed by Trial those except Charged capital crimes. 1839, XI, 22, 26. SEC. 5. Trial Justices may admit to bail any person charged Justices with any offense the punishment of which is other than death; and with if any person under lawful arrest, on a charge regularly made and not bailable, be brought before a Trial Justice, he shall commit the prisoner to jail; but, if the offense charged be bailable, the Trial Justice shall take recognizance, with sufficient surety, if the same be offered; in default whereof, such party shall be committed to prison, unless it shall clearly appear, upon examination, that the charge is not founded in probability; in which case the party may be discharged. Scale by which recognizances shall lated. SEC. 6. Recognizances entered into before a Trial Justice shall be be regu- according to the following scale: Recognizances of prosecutor and witnesses. Ib., 27. 1. If the offense charged be punishable with fine and imprisonment, or either, the recognizance of the accused shall not be for less than two hundred dollars; and, if the fine be specified or limited by statute, it shall not be for less than the greatest extent of such fine; 2. The recognizance of any prosecutor or witness, in case of misdemeanor, shall not be for less than one hundred dollars; and, in case of capital felony, for not less than five hundred dollars; though, in all cases, the Trial Justice shall cause the same to be in such larger amount as the circumstances may seem to require. SEC. 7. Upon information made of the materiality of any witness within the State to support any accusation made, or where the |