PART VI. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS III. OF THE OUTLAWRY OF PERSONS CONVICTED OF Treason. V. OF PROCEEDINGS RESPECTING BASTARDS. VI. OF PROCEEDINGS RESPECTING VAGRANTS. VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS. PERSONS. IX. OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES AND SERVANTS. X. OF CRIMINAL STATISTICS. XI. MISCELLANEOUS PROVISIONS RESPECTING PROCEEDINGS OF A CRIMINAL NATURE. TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS. SECTION 773. In what cases coroner to summon a jury; number of jurors to be summoned. 774. 775. Witnesses to be subpoenaed. 776. Compelling attendance of witnesses, and punishing their disobedience. 777. Verdict of the jury. 778. Testimony, how taken and filed. 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned. 780. Warrant for arrest of party charged by verdict. 781. Form of warrant. 782. Warrant, how executed. 783. Proceedings of magistrate, on defendants being brought before 784. Clerk with whom inquisition is filed, to furnish magistrate with county treasurer. SECTION 786. County treasurer to place money to credit of county; and to seil other property and place proceeds to credit of county. 787. Money, when and how paid to representatives of deceased. 789. In New York, police justice may perform duties of coroner, 790. Compensation of coroners. § 773. In what cases coroner to summon a jury; number of jurors to be summoned.-Whenever a coroner is informed that a person has been killed or dangerously wounded by an other, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has committed suicide, he must go to the place where the person is and forthwith inquire into the cause of death or wounding, and in case such death or wounding occurred in a county in which is situated in whole or in part a city of the first class, but not otherwise, summon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, if such death or wounding be of a criminal nature, to appear before him forthwith at a specified place, to inquire into the cause of the death or wound, and if it shall appear from the sworn examination of the informant or complainant, or if it shall appear by the evidence taken on or during the inquisition, that any person or persons are chargeable with the killing or wounding, or that there is a probable cause to believe that any person or persons are chargeable therewith, and if such person or persons be not in custody, he must forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding; and upon the arrest of any person or persons chargeable therewith, he must be arraigned before the coroner for examination, and the said coroner shall have power to commit the person or persons so arrested to await the result of the inquisition. Any coroner shall be disqualified from acting as such in any case where the person killed or dangerously wounded or dying suddenly, as aforesaid, is a co-employe with said coroner, of any person or persons, association or corporation, or where it appears that the killing or wounding has been occasioned, directly or indirectly, by the employer of said coroner. Amended, Laws 1899, chap. 464. In effect Sept. 1, 1899. See Penal Code, § 308; 78 Law Times, 332: 14 Alb. L. J. 37; People v. Mondon, 103 N. Y. 211; People v. Willet, 92 id. 29; People v. Fitzgerald, 105 id. 146; 43 Hun. 35; Crisfield v. Perine, 15 id. 202; County of Lancaster v. Mishler, 27 Alb. L. J. 342. In People v. Derine, 44 Cal. 458, the court say: "At common law, as well as under the statute of Edward I, and our statute concerning coroners, which are but declaratory of the common law, the coroner holding an inquest super visum corporis is in the performance of functions judicial in their character (R. v. White, 3 E. & E. 144; Rep. Const. Ct. So. Car. 231; 32 Miss. 375); so distinctly judicial that he is protected under the principles which protect judicial officers from responsibility in a civil action brought by a private person. Garnett v. Ferrand, 6 Barn. & Cress. 611." A statute made railroad companies liable for all expenses of the coroner and his inquest, and the burial of all persons who may die on the cars, or who may be killed by collision or other accident occurring to such cars, or otherwise." Held, unconstitutional so far as it attempts to make railroad companies liable in cases where they have violated no law or been guilty of no negligence. Ohio Railway Co. v. Lackey, 78 Ill. 55, 259. § 774. Repealed. Laws 1899, chap. 464. In effect Sept. 1, 1899. § 775. Witnesses to be subpoenaed. The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the canse of the death or wounding. See People v. Beigler, 3 Park. 316. The prisoner has no right to cross-examine witnesses before the coroner, or to produce witnesses in his own behalf. People v. Collins, 20 How. Pr. 111; 11 Abb. Pr. 406. When a coroner directs a post-mortem examination to be made, he may, in his discretion, determine whether any and what persons shall be present besides the surgeons. Crisfield v. Perine, 15 Hun, 200. And it seems that one suspected of the murder of the person to be examined has no right to be present; he loses no legal right by being excluded. Id. The coroner of New York had no power under the acts of 1868 and 1871, to bind the city to the expense of a chemical analysis of the remains of a deceased person to ascertain the cause of death. Doremus v. New York, 6 Daly, 121. This power has been since conferred by the act of 1875, chapter 620. The coroner is personally liable to a physician employed by him to examine a body at an inquest, and must charge the same in his account against the county. Van Hoevenburgh v. Hasbrouck, 45 Barb. 197. See, also, People, ex rel. Sherman, v. Supervisors, 30 How. Pr. 173; Stevens v. Com'rs, 46 Ind. 541. 776. Compelling attendance of witnesses, and pun. ishing their disobedience.-A witness served with a sub pœna may be compelled to attend and testify, or punished by the coroner for disobedience, as upon a subpoena issued by a magistrate, as provided in this Code. See Code Civ. Proc., §§ 8-13, 853-863; People v. Mondon, 103 N. Y. 211. §777. Verdict of the jury. After inspecting the body and hearing the testimony, the coroner must render his decision, or if in a county where a jury is summoned, as provided in section seven hundred and seventy-three, the jury must render their verdict, and certify it by an inquisition in writing, signed by him or them, as the case may be, and setting forth who the person killed or wounded is, and when, where and by what means he came to his death or was wounded; and if he were killed or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as by such inquisition he or such jury has been able to ascertain. Amended 1899, chap. 464. In effect Sept. 1, 1899. See 11 Crim. Law Mag. 119; People v. Mondon, 103 N. Y. 216; 4 N. Y. Cr. Rep. 556. A coroner has no power to hold a second inquest super visum corporis," unless the first has been vacated or set aside or is absolutely void. People v. Budge, 4 Park. 519. §778. Testimony, how taken and filed. The testimony of the witnesses examined before the coroner or the jury must be reduced to writing by the coroner, or under his direction, and must be forthwith by him, with the inquisition or decision, filed in the office of the clerk of the county court of the county, or of a city court having power to inquire into the offense by the intervention of a grand jury. In effect, as amended, Sept. 1, 1899; Laws 1899, chap. 464. See 395, ante; Matter of Ramscar, 1 N. Y. Cr. Rep. 33; 63 How. Pr. 255; 10 Abb. N. C. 442; People v. Mondon, 103 N. Y. 211; 4 N. Y. Cr. Rep. 126; People v. Taylor, 43 Hun, 419; People v. McGloin, 91 N. Y. 241. Evidence on a trial for murder that a witness who testified before the coroner's inquest is a resident of another state is sufficient to render admissible his testimony before the coroner. Johnson v. State, 10 S. W. Rep. 235. $779. If defendant arrested before inquisition filled, depositions to be delivered to magistrate, and by him returned. If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with the testimony to the magistrate before whom the defendant is brought, as provided in section seven hundred and eighty-one, who must return it with the depositions and statement taken before him, in the manner prescribed in section two hundred and twenty-one. 780. Warrant for arrest of party charged by verdict. -If the coroner or a jury, where a jury is summoned, finds that the person was killed or wounded by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisition or decision, and be not in custody, the coroner must issue a warrant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged. Amended, Laws 1899, chap. 464. In effect Sept. 1, 1899. See Matter of Ramscar, 63 How. Pr. 255; 1 N. Y. Cr. Rep. 33. § 781. Form of warrant.in substantially the following form: County of Albany (or as the case may be). In the name of the people of the state of New York, to any sheriff, constable, marshal or policeman in this county: An inquisition having been this day found by a coroner's jury before me (or a decision having been made by me), stating that A. B. has come to his death by the act of C. D. by criminal means (or as the case may be), as found by the inquisition (or decision); or, information having been this day laid before me that A. B. has been killed or dangerously wounded by C. D., by criminal means (or as the case may be), you are hereby commanded forthwith to arrest the above-named C. D. and bring him before me, or in the case of my absence or inability to act, before the nearest or most accessible coroner in this county. Dated at the city of Albany (or as the case may be), this day of The coroner's warrant must be 18 . , E. F., Coroner of the County of Albany. Amended, Laws 1899, chap. 464. In effect Sept. 1, 1899. §782. Warrant, how executed. The coroner's warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information, except that when served in another county it need. not be indorsed by a magistrate of that county. See Matter of Ramscar, 63 How. Pr. 255; 1 N. Y. Cr. Rep. 33; Slater v. Wood, 9 Bosw. 15. |