place in such warrant mentioned and expressed.---Ibid. Stat. 1823, ch. 39.

3. Penalty for jurors' neglect.

Every person summoned as a juror, as aforesaid, that shall fail of appearance without having reasonable excuse therefor, shall forfeit forty shillings, which forfeiture shall be recovered by action of debt, before any court that can take cognizance of the same, and shall be applied to the use of the county.-Ibid.

4. To swear the jurors.

The coroner shall swear the jurors that shall appear, and shall give the foreman, by him appointed, his oath upon view of the body, and shall also swear the other jurors.--Ibid.

5. Charge to jury to inquire the manner of the death.

The jurors being sworn, the coroner shall give them a charge upon their oaths, to declare of the death of the person, whether he died of felony, or of mischance, or accident; and if of felony, who were principals, and who were accessaries, with what instrument he was struck or wounded, and so of all prevailing circumstances which may come by presumption; and if by mischance or accident, whether by the act of man, and whether by hurt, fall, stroke, drowning, or otherwise; to inquire of the persons who were present, the finders of the body, his relations and neighbors, whether he was killed in the same place where he was found, and if elsewhere, by whom, and how he was brought from thence; and of all circumstances relating to the said death. And if he died of his own felony, then to inquire of the manner, means, or instrument, and of all circumstances concerning it. And the jury being charged, shall stand together, and proclamation shall be made for any person that can give evidence, to draw near, and that they shall be heard.---Ibid.

6. May send for witnesses.

Every coroner is further empowered to send out his warrant for witnesses, commanding them to come before him to be examined, and to declare their know

ledge concerning the matter in question, and he shall administer an oath to them.---Ibid.

7. To recognize witnesses for trial.

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The evidence of such witnesses shall be in writing, subscribed by them and if they relate to the trial of any person concerned in the death, then shall the coroner bind such witnesses by recognizance, in a reasonable sum, for their personal appearance at the next supreme judicial court, to be held within and for the same county, there to give evidence accordingly, and to commit to the common jail of the county, such witness or witnesses as shall refuse to recognize as aforesaid.---Ibid.

8. Jury to deliver verdict to coroner.

The jury having viewed the body, heard the evidence, and made all the inquiry within their power, shall draw up and deliver unto the coroner their verdict upon the death under consideration, in writing, under their hands and seals.-Ibid.

9. Coroner to return inquisition to supreme judicial

court.

The coroner shall return to the next supreme judicial court, for the same county, the inquisition, written evidence, and recognizance by him taken.-Ibid.

10. To notify justices of the peace of the persons killing.

Upon inquisition found before any coroner of the death of any person, by the felony or misfortune of another, he shall speedily inform one or more of the justices of the same county thereof, to the intent that the person killing, or being any way instrumental to the death, may be apprehended, examined and secured in order for trial.-Ibid.

11. To bury bodies of strangers.

Every coroner within the county for which he is ap pointed, shall, after the return of an inquisition of the jury, upon the view of a dead body of any stranger, bury said body in a decent manner; and the expenses thereof, together with all the expenses of said inquisi

tion and the coroner's fees shall be paid to said coroner out of the treasury of the commonwealth, an account of said expenses being first examined and allowed by the general court, in the same manner that accounts for state paupers are allowed: provided, the coroners who shall return the inquisition, shall certify under oath, that the person found dead, was a stranger not belonging to this state, according to the best of his knowledge and belief; otherwise the expenses of taking up and burial, shall be paid to such coroner, by the town where such dead body was found, and repaid to them by the town to which said stranger belonged, if an inabitant of this state, and the expenses of said inquisition shall be paid to the coroner, by the county in which the inquisition shall be taken.-Stat. 1806, ch. 29.

12. Further rules respecting inquisitions.

The inquisition must set forth the circumstances of the fact particularly, and with certainty.-1 Saund. 356, sec. 2.

The inquest must be taken upon view of the body, for the coroner cannot sit, until the body be found. He should also sit at the place where the death happened.-1 Bl. Com. 348.

But the inquisition may be taken at any other place.1 Bac. 495.

A coroner may lawfully take up a dead body after burial, for the purpose of taking an inquest; and also, for taking another inquest, when the first was informal, or incorrect.-Ibid.

D. Of other costs of coroners' processes, and of their fees.

For serving a writ, summons or execution, and for collecting the monies due thereon, and for travel in returning precepts and inquisition the same allowance as is by this act allowed to sheriffs for similar services. For a bail bond, twenty-five cents; every trial where the sheriff is concerned, twenty-five cents; and the same for attending the jury therein.-Stat. 1795, ch. 41.

Granting a warrant and taking an inquisition on a dead body, one dollar; if more than one at the same time, and who come to their death by the same means, twenty cents for each one after the first.--Ibid.

Travel and expense for taking an inquisition, one dollar a day to each of the jurymen, for their travel, if above four miles out, three cents a mile each way; and for their services, seventy-five cents per day, including time and expenses; the constable for his attendance and expenses in summoning a jury, ninety cents a day. And all the aforesaid charges of the inquisition shall be paid out of the county treasury.-Ibid.

Witnesses fees are thirty-three cents a day, and four cents a mile for travel.---Stat. 1829, ch. 57.

If a coroner arrests a man, it is sufficient that he carry him to the jail, and there offer to deliver him up, with a copy of his precept. If no keeper is there to receive him, the coroner has done his duty, and it is an escape on the part of the sheriff.---5 M. R. 312.

When a sheriff is appointed, he must give notice thereof to the several coroners in his county.---Stat. 1792, ch. 17.

Coroners hold their offices during the will and pleasure of the governor and council.

For the forms of their proceedings, see Appendix.

CONSTABLES.

A. How chosen and sworn; who are exempted from serving in such office; penalty, in case a person chosen to such office and not exempted, refuses to serve; mode of recovering such penalty.

A constable is a town officer, and, in the manner of other town officers, is chosen annually in the month of March or April.-Stat. 1785, ch. 75.

No person shall be obliged to serve in any town office two years successively; nor shall any person in commission for any office, civil or military, church officer, member of the council, senate, or house of representatives, for the time being, nor any one who has served in the office of a constable or collector of any town, district, parish, or precinct, within seven years, be obliged to serve in the office of a constable.-Ibid.

But every person chosen to the office of constable, and not exempted as aforesaid, who shall refuse to take the oath to that office prescribed, and to serve therein, if he be able in person to execute the same, shall forfeit and pay, to the use of the town, the sum of five pounds; and if in Boston, Salem, or Newburyport, ten pounds, and shall, if present, forthwith declare his acceptance or refusal; and in case he shall not declare his acceptance, the town shall proceed to a new choice, and so from time to time, until one shall accept and be sworn.-Ibid.

And any person who shall be present and declare his refusal to serve in the office of constable, or who shall neglect, after being summoned to take the oath of office, for the space of seven days next after the summons, and shall also neglect to pay the fine afore