§ 1652. § 1653. Magistrate or officer neglecting to act guilty of misdemeanor. § 1657. § 1658. Oct. 19, 1864, Ø 441. When gover nor may order to aid officer. military force Oct. 19, 1864, $ 442. How and by commanded to disperse. § 1659. Between conflicting orders, which to be obeyed. § 1648. [441.] If it appear to the governor that the § 1649. [442.] When any persons, to the number of three or more, whether armed or not, are unlawfully or whom rioters riotously assembled in any county, city, town, or village, the sheriff of the county and his deputies, the mayor of the city, town, or village, or chief executive officer or officers thereof, and the justices of the peace of the county for the precinct where the assemblage takes place, must go among the persons assembled, or as near to them as they can with safety, and command them in the name of the state of Oregon to disperse. Oct. 19, 1864, $ 443. If rioters do be arrested. § 1650. [443.] If the persons assembled do not immediately disperse, the magistrates and officers must arrest not disperse, to them, or cause them to be arrested, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county. § 1651. [444.] If a person so commanded to aid the magistrate or officers, or any of them, mentioned in sec Oct. 19, 1864, $ 444. Consequence aid officers. of refusing to tion 1649 [442], neglect to do so, he is deemed one of the rioters, and may be treated and is punishable accordingly. $445. Magistrate or ing to act, § 1652. [445.] If a magistrate or officer having notice Oct. 19, 1864, of an unlawful or riotous assembly mentioned in section 1649 [442] neglect to proceed to the place of assembly, officer neglect or as near thereto as he can with safety, and to exercise guilty of the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. misdemeanor. $446. § 1653. [446.] If the persons assembled and com- Oct. 19, 1864, manded to disperse do not immediately disperse, any Proceedings if disperse. two of the magistrates or officers mentioned in section rioters do not 1649 [442] may command the aid of a sufficient number of persons, armed or otherwise, as may be necessary, and may proceed in such manner as in their judgment may be most expedient to disperse the assembly and arrest the offenders. $ 447. the military. § 1654. [447.] When there is an unlawful or riotous Oct. 19, 1854, assembly, with intent to commit a felony, or to offer violence to person or property, or to resist by force the laws may order out of this state, and the fact is made to appear to the governor, or to a justice of the supreme court, or to the sheriff of the county, or mayor of the city, town, or village, either of those officers may issue an order, directed to the commanding officer of a division, brigade, regiment, battalion, or company of troops, to order his command. or any part of it to appear at a specified time and place, to aid the civil authorities in suppressing violence and enforcing the law. 448. § 1655. [448.] The commanding officer to whom the Oct. 19, 1864, order is given must forthwith obey it, and the troops Commanding required must appear at the time and place appointed, officer and armed and equipped with ammunition as for an engage ment. troops to obey orders. $449. § 1656. [449.] When an armed force is called out for Oct. 19, 1864, the purpose of suppressing an unlawful or riotous assembly, it must obey the orders in relation thereto of either obey orders of the officers mentioned in section 1654 [447]. Armed force to of whom. $ 450. § 1657. [450.] Between conflicting orders, that of Oct. 19, 1864, the officer first mentioned in section 1654 [447] must be Oct. 19, 1864, $450. Between con obeyed in preference to that of one subsequently enumerated; and in the absence of orders from any of such flicting orders, officers, the orders of any two justices of the peace of the precinct must be obeyed. which to be obeyed. Oct. 19, 1864, $451. Endeavor to disperse rioters without loss of life. Oct. 19, 1864, $ 452. If death ensue, who deemed § 1658. [451.] Every endeavor must be made, both by the civil officers and the officer commanding the troops, which can be consistently with the perservation of life and property, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered. § 1659. [452.] If, in the effort to suppress or disperse any unlawful or riotous assembly, or to arrest or detain guilty thereof, any of the persons engaged therein, any such rioters or other persons then present as spectators or otherwise be killed or wounded, the magistrate and officers and persons acting in their aid are guiltless thereof; but if any such magistrate or officers or persons acting in their aid be killed or wounded, all the persons engaged in such assembly are guilty thereof. CHAPTER XL. OF THE CORONER'S INQUEST AND PROCEEDINGS THEREON. § 1660. When and where coroner to summon jury to hold inquest. § 1661. Oath of jury. § 1662. Witnesses to be subpoenaed. Compelling the attendance of witnesses, and punishing their disobedience. § 1663. § 1670. Coroner's statement of expenses of inquest or burial, to whom and how made and paid. § 1674. § 1675. § 1676. When justice of the peace authorized to act as coroner. When and how money paid to legal representatives of deceased. 1 453. § 1660. [453.] When it becomes the duty of a coroner Oct. 19, 1864, to make the inquiry mentioned in section 1027 [996] of When and the Code of Civil Procedure, he must go to the place where coroner where the dead or wounded person is, and forthwith jury to hold inquest. summon six persons, qualified by law to serve as jurors, to appear before him forthwith at a specified place, to inquire into the cause of the death or wound. to summon $ 454. Oath of jury. § 1661. [454.] When the jurors to the number of six Oct. 19, 1864, appear, they must be sworn by the coroner to inquire. who the person was, and when, where, and by what means he came to his death or was wounded, as the case may be, and into the circumstances attending the death or wounding, and to give a true verdict thereon according to the evidence offered to them or arising from the inspection of the body. $455. Witnesses to to include § 1662. [455.] The coroner must subpoena and ex- Oct. 19, 1864, amine as witnesses every person who, in his opinion, has knowledge of the material facts, and also a surgeon or be supoenaed, physician, who must, in the presence of the jury, inspect physician. the body and give a professional opinion as to the cause 12 Or. 309. of the death or wounding. $ 456. Compelling § 1663. [456.] For the purpose of subpoenaing wit- Oct. 19, 1864, nesses, compelling them to attend and testify, and punishing them for disobedience, a coroner is to be deemed attendance of a magistrate, with the power and authority in that respect specified in chapter XXIX. of this code. witnesses. $ 457. Verdict of § 1664. [457.] When the examination is closed, the Oct. 19, 1864, jury or two thirds of their number must give their verdict in writing, and signed by them, setting forth, so far jury. as they know or have good reason to believe, who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded, and. whether any person, and who, is guilty of a crime thereby. § 1665. [458.] The testimony of the witnesses must Oct. 19, 1864, be reduced to writing by the coroner or under his direction, and the verdict of the jury delivered to him. $458. Testimony, how taken. § 1666. [459.] If the jury find that a crime was com- Oct, 19, 1864, mitted in the killing or the wounding, the coroner must $459. Oct. 19, 1864, $459. Testimony and verdict, how disposed of. Oct. 19, 1864, $460. Magistrate to issue warrant, when, and proceedings thereon. Oct. 19, 1864, $461. Proceedings if defendant arrested before verdict delivered. Oct. 19, 1864, $462. When coroner forthwith deliver the testimony and verdict to a magistrate of the county authorized to issue a warrant of arrest on an information, but if the jury do not so find, he must return the same to the clerk of the county court. § 1667. [460.] If the verdict of the jury also charge a person with the commission of the crime, the magistrate to whom the same is delivered must forthwith issue a warrant for the arrest of such person, as on an information, and when the defendant is brought before him must proceed to examine the charge contained in the verdict, and hold the defendant to answer or discharge him therefrom, in the same manner in all respects as upon a warrant of arrest. § 1668. [461.] If, however, the defendant be arrested before the testimony and verdict is delivered or returned as directed in the last two sections, then the coroner must deliver the same to the magistrate before whom the defendant is brought. § 1669. [462.] When a coroner shall hold an inquest upon the body of a stranger or pauper, and no friend or to bury body. relative appears to claim the body for burial, the coroner must cause the same to be plainly and decently buried, and the expense of such burial must be paid by the county where the body is found. Oct. 19, 1864, 463. Coroner's statement of expenses. 8 Or. 171. 12 Or. 309. Oct. 19, 1864, $464. Inventory of on deceased. § 1670. [463.] The coroner must return to the county court a written statement, verified by his own oath, of the expense of any inquest or burial held or made by him, which account must be audited and paid to the persons to whom the items thereof are due, in the same manner as ordinary claims against the county. § 1671. [464.] If money or other property be found on the body, the coroner must make an inventory of it, property found and take the same into his possession, which inventory he must verify and return to the county court with the account specified in the last section. Id., § 465. § 1672. [465.] The coroner must, within thirty days Coroner must from the inquest, deliver the money or other property to deliver prop erty to county the county treasurer; and if he fail to do so, the treasurer treasurer. |