SECTION V.

INQUISITION OF JURY.

The jury, upon the inspection of the body of the person dead or wounded, and after hearing the testimony, shall deliver to the coroner their inquisition in writing, to be signed by them, in which they shall find and certify how and in what manner, and when and where, the person dead or wounded came to his death, or was wounded, as the case may be, and who such person was, and all the circumstances attending such death or wounding, and who were guilty thereof, either as principal or accessory, and in what manner.1

Before signing the inquisition, the jury should retire as jurors in other cases, and deliberate upon their verdict. They must not suffer any one, not even the coroner, to mingle with them in their deliberations; but they may, as in the case of jurors in courts of law, take the opinion of the coroner upon any question of law that may arise upon the investigation.

2

If

The inquisition should show before what coroner the same was taken, and that the same was taken upon the oath of good and lawful men of the county, who were first duly sworn ;3 and it should also show when and where the same was executed.4 the person who is found dead or wounded is unknown, or the person who caused death or wounding is unknown, the jury should so find ; and they are not required to find who were accessories after the fact, but they need only inquire of those before the fact. If the manner of the death is unknown, they should so state; and if the fact so appears before them, they should state whether the killing was accidental or suicide, murder or manslaughter, or excusable or justifiable homicide. It is not necessary that the jury should be kept together until they shall have agreed upon a verdict, for if there appears to be an irreconcilable difference of opinion as to any material fact amongst the jurors,

12 R. S., 743, § 5.

Crocker on Sheriffs, § 921.

2 Hawk. P. C., 77. Crocker on Sheriffs, § 922.

2 Hale Cr. L., 63.

2 Hawk. P. C., 78; 2 Hale Cr. L., 63

7 Crocker on Sheriffs, § 922.

concerning which they are to make inquests, the jurors agreeing in opinion may find accordingly, and may present two or more inquisitions.1

The inquisition is to be signed by the jurors and the coroner. If the names of the jurors are not set out at length in the caption, they must sign their names at length, and not merely the initials of their christian name.2 When there are two or more on the inquisition of the same name, it is not necessary to designate them by their abode or addition; and if some of the jurors sign with their mark, such signature should properly be attested, but it will be taken prima facie that the signing was in the presence of each other.4

SECTION VI.

PROCEEDINGS OF CORONER.

If the jury find that any murder, manslaughter or assault has been committed, the coroner shall bind over the witnesses to appear and testify at the next criminal court, at which an indictment for such offence can be found, that shall be held in the county; and in such case, if the party charged with any such offence be not in custody, the coroner shall have power to issue process for his apprehension in the same manner as justices of the peace. The coroner issuing such process, shall have the same power to examine the defendant as is possessed by a justice of the peace, and shall in all respects proceed in like manner.

The power of the coroner under this statute is to be measured by that of justices of the peace throughout the State, and not by that of the justice in the particular locality where the coroner is called to act."

The proceedings had and taken by the coroner subsequent to the issuing of his warrant for the apprehension of the party charged with the offence, in relation to the service of the warrant, and the arrest of the accused, and from his arrest during his

examination, are the same as those had upon the arrest and examination of offenders upon a complaint made for an offence not triable in a Court of Special Sessions. These proceedings will be found set out in detail in a subsequent chapter, relating to proceedings had upon such examinations.1

Under the statute above cited, the coroner can only examine the prisoner in the same manner that a justice of the peace would in a like case, and is not authorized to examine witnesses either against the prisoner or for him, when he is apprehended by virtue of process, issued subsequent to the finding of the inquisition by the jury, or is in custody of the coroner without process at at the time the same is found. He issues his process for the apprehension of the accused when not in custody, solely upon the inquisition, and also his mittimus to send him to prison to await the action of the Grand Jury; he has no power to take testimony to establish the innocence of the prisoner, and then discharge him contrary to the finding of his jury.2

SECTION VII.

RETURNING EXAMINATION AND RECOGNIZANCES.

The testimony of all witnesses examined before a coroner's jury, shall be reduced to writing by the coroner, and shall be returned by him, together with the inquisition of the jury, and all recognizances and examinations to the next criminal court of record that shall be held in the county.3

The whole of the examination should be taken down in due form, and each examination must have a jurat showing that the witness was duly sworn or affirmed by the coroner, or it will not be read in evidence upon the trial, and a deposition in pencil is irregular.

In practice, the examinations, testimony and recognizances are filed with the clerk of the next court of criminal record to be held in the county, and when such court is either the Court of Sessions or of Oyer and Terminer, they are filed in the office of

1 Vide post.

Peo. v. Collins, 20 How., 115; 1 Chit. Cr. L., 264; 2 Hale P. C., 63.

2 R. S., 743, § 8.

22 Wend., 167.

the County Clerk. The remarks made in regard to the necessity of filing correct and proper minutes of the evidence which are made upon the subject of examination and recognizances filed by justices of the peace and other officers upon the examination of persons charged with criminal offences, not triable in a Court of Special Sessions, apply equally as well in these cases. The recognizances should be in writing, and be subscribed by the the parties to be bound thereby. The statute directing the taking of such recognizances, does not in terms empower the coroner, as in the case of an examination of a criminal, to commit the witnesses in the case of a refusal to do so, and coroners had no such right at the common law.2

The coroner should bind over only those witnesses who testify to some material fact against the accused, and not those who are called for the purpose of exculpating him.3

SECTION VIII.

JUSTICES WHEN TO ACT AS CORONERS.

Any justice of the peace in each of the several towns and cities of the State, is authorized and empowered, in case the attendance of a coroner cannot be procured withon twelve hours after the discovery of a dead body upon which an inquest is by law required to be held, to hold an inquest thereon, and with the like force and effect as coroners; and in all cases in which the cause of a death is not apparent, it is the duty of the justice to associate with himself a regularly licensed physician to make a suitable examination for the discovery of said cause.1

In case of the absence of the coroners of the city and county of New York, or of their inability to attend from sickness or any other cause at any time, any alderman or special justice of the city may perform, during such absence or inability, any duty appertaining to the coroners of the said city; and such alderman or justice shall possess the like authority, and be subject to the like obligations and penalties, as the said coroners.5

In the county of Ulster, in towns where the coroner is absent, or where there are no coroners, the justices of the peace of the town may act as such.1

Also, when any dead body shall be fonnd in the water, or upon the shore bordering certain towns in the county of Kings, if no coroner shall appear within three hours after the discovery of the dead body, any justice of the peace residing in the town in which such body was found may hold the inquest.2

SECTION IX.

DISPOSITION OF MONEY FOUND ON DEAD BODIES.

The coroners of the several counties of this State are required to deliver over to the treasurers of their respective counties all moneys and other valuable things which may be found with or upon the bodies of persons on whom inquests may be held, and which shall not have been claimed by the legal representatives of such person or persons within sixty days after the holding of such inquest; and in default thereof the said treasurers are authorized and required to institute the necessary proceedings to compel such delivery.3

It is the duty of the county treasurers to convert such valuable thing into money, and place the same to the credit of the county and the legal representatives of the person on whom the same was found. Within six years thereafter the treasurer is to deduct the expenses of the coroner and of the county, and pay the balance over to such legal representatives.4

Before auditing and allowing the account of the coroners, the supervisors of the county shall require from them respectively a statement in writing containing an inventory of all money and other valuable things found with or upon all persons on whom inquests shall have been held, and the manner in which the same has been disposed of, verified by the oath or affirmation of the coroner making the same, that such statement is in all respects correct and true, and that the money and other articles mentioned

1 Laws 1863, ch. 395.

2 Laws 1863, ch. 126, p. 194.

Laws 1842, ch. 155, § 1; 2 R. S., 743, § 11.

* Id., § 2; Id., § 11.