CORONERS.

Oaths of Jurors.

Subpoena.

CHAPTER XXIV.

CORONERS.

THE duties of coroners are prescribed in detail in the statutes. The following forms relate to proceedings in cases of inquests held by them.

589. Oath of the foreman of a coroner's jury.

590. Oath of other jurors...

591. Subpoena for witnesses..

592. Attachment against a witness not appearing.

598. Oath of witness on coroner's inquest..

594. Examination before coroner and jury.

595. Inquisition.....

596. Warrant of coroner for arrest of person charged by the inquest..

589. Oath of the Foreman of a Coroner's Jury.

PAGE

289

289

289

290

290

290

290

291

You do swear that you will well and truly inquire how, and in what manner, and when and where, the person lying here [or, whose body you have just seen], came to his death [or, was wounded], and who such person was, and into all the circumstances attending such death [or, wounding], and by whom the same was produced; and that you will make a true inquisition thereof, according to the evidence offered to you, or arising from the inspection of the body. So help you God.

590. Oath of Other Jurors.

The same oath which A. B., the foreman of this inquest, hath on his part taken, you, and each of you, do now take, and shall well and truly observe and keep, on your parts. So help you God.

591. Subpana For Witnesses.

The People of the State of New York to [here designate the witnesses]. WE COMMAND you and each of you, that all business and excuses being laid aside, you be and appear before the subscriber, one of the coroners of in the town of the county of day of

to testify and give evidence upon an inquest then and there to be had upon the body of M. N., deceased [or, a person whose name is unknown] [or, upon the examination of J. K., charged upon inquest with the murder of M. N.]; and hereof fail not at your peril.

WITNESS my hand, this

day of

18

[Signature of] Coroner.

Attachment against Witness.

Examination.

592. Attachment Against a Witness Not Appearing.

Inquest.

The People of the State of New York to the Sheriff or to any Constable of the county of

:

WE COMMAND you that you attach [name witness], and forthwith bring him before the subscriber, one of the coroners of said county, at the house of in the town of in said county, to testify and give evidence upon a certain inquest [setting it forth as in the above subpana], and also to answer all such matters as shall be inquired of him, for that he having been duly subpoenaed to attend upon such inquest, has refused and neglected to attend in conformity to such subpoena; and have you then and there this writ.

593. Oath of Witness on Coroner's Inquest.

The evidence you shall give upon this inquest, touching the death of M. N. [or, the person whose body has been viewed], shall be the truth, the whole truth and nothing but the truth. So help you God.

EXAMINATION of witnesses produced, sworn and examined, on the

day of

at

in said county, before me, C. R., one of the coroners in and for the said county, and A. B., C. D. [etc., naming the jurors], good and lawful men of the said county, duly sworn upon their oaths to inquire into all the circumstances attending the death of one M. N. [or, a person unknown], then and there lying dead, and by what means the same was produced, and in what manner, and when and where he came to his death. [And then proceed with the testimony of the witnesses].

I DO HEREBY CERTIFY that the foregoing is a correct statement and account of an examination taken by and before me, and the jurors aforesaid, at the time and place aforesaid, and of the testimony of the several witnesses produced, sworn and examined thereupon.

of

An inquisition taken for the people of the State of

in said county of

on the

at the house day of

in the town of 18 before me, C. R., one of the coroners in and for said county, upon the view of the body of M. N. [or, a person unknown], then and there

Arrest by Coroner.

Formation of Corporations.

lying dead, upon the oaths of A. B., C. D. [etc., naming the jurors], good and lawful men of the said county, who, being duly sworn to inquire, on the part of the People of said State, into all the circumstances attending the death of the said M. N. [or, person unknown], and by whom the same was produced; and in what manner; and when and where the said M. N. [or, person unknown] came to his death, do say, upon their oaths, as aforesaid, that [here state the facts as found by the jury].

In WITNESS WHEREOF, as well the said coroner, as the jurors, aforesaid, have to this inquisition set their hands and seals, on the day of the date of this inquisition, as aforesaid. [Signatures and seals of coroner and of jurors.]

596. Warrant of Coroner for Arrest of Person Charged By the Inquest. to the sheriff [or, any constable], of the

The People of the State of

WHEREAS, by the inquisition of [here name jurors], good and lawful men of said county, taken upon their several oaths before me, one of the coroners in and for said county, at in the town of in said county,

Y. Z., is charged with having feloniously murdered and killed M. N., on the day of . YOU ARE, THEREFORE, hereby

18

at

commanded, in the name of the People of the State of arrest the said Y. Z., and bring him before me forthwith at dealt with according to law.

IN the United States, corporations are formed either by virtue of special charters granted for each case by the legislature of the State, or by Congress, or under the sanction of general laws such as have been adopted in many of the States, which permit voluntary organizations to assume a corporate existence for particular purposes.

The mode of forming corporations in the latter way, is shown in the chapter on MANUFACTURING CORPORATIONS, etc. Proceedings peculiar to RELIGIOUS CORPORATIONS, will be found under that title.

I. STOCK AND DIVIDENDS.

PAGE

597. Preliminary engagement to take stock in a corporation to be formed. 292 598. Certificate of stock..

599. Transfer of stock....

600. Power to transfer

601. Power to collect dividend..

292

292

298

298

Shares $25 each.

Stock in Corporation.

II. ELECTIONS.

602. Oath of inspector...

PAGE

293

603. Oath of stockholder of a moneyed corporation when challenged... 293 604. Proxy....

605. Affidavit to be annexed to proxy to enable voting at an election in a moneyed corporation....

I. STOOK AND DIVIDENDS.

294

.' 294

597. Preliminary Engagement to Take Stock in a Corporation to Be Formed. THE UNDERSIGNED hereby engage with Y. Z. & Co., proprietors of the Mills, and with each other, that they will take the number of shares in the Mills Company proposed to be formed, set opposite their respective names, and pay for them as stipulated.

in

It is understood that the capital of the said company is to be dollars,

It is also understood and agreed that the representations to us that the profits of the business-viz., about dollars per annum shall be sustained by an examination of the books of the present proprietors, or our obligations to take stock are null and void. [Date.]

[Signatures and number of shares.]

598. Certificate of Stock.

[Name of Corporation.]

No. [number of certificate.]

[Number of] shares.

THIS IS TO CERTIFY, that A. B. is entitled to capital stock of the

shares of the

Company, of dollars each, transferable only on the books of the said company, by the said A. B. or his attorney, upon the surrender of this certificate.

KNOW ALL MEN by these presents, that I, A. B., of

for value

received, have bargained, sold, assigned and transferred, and by these presents do bargain, sell, assign and transfer, unto Y. Z., of

shares of capital stock, standing in my name, on the books of the

Company [or, Bank, as the case may be]: and I do hereby constitute and appoint the said Y. Z., my true and lawful attorney, irrevocable, in my name or otherwise, but to his own use and benefit, and at his own costs and charges, to take all lawful ways and means for the recovery and enjoyment thereof.

Transfers of Stock.

Elections.

600. Power to Transfer.

KNOW ALL MEN by these presents, that I, A. B., of stitute and appoint Y. Z., of

do hereby con

, my true and lawful attorney, for me,

and in my name and behalf, to sell, assign and transfer to

the whole, or any part of,

name, on the books of the

of

shares of capital stock, standing in my Company [or, Bank], and for that purpose

to make and execute all necessary acts of assignment and transfer. WITNESS [etc., as in the preceding form].

601. Power to Collect Dividend.

to receive from the

do authorize, Company

KNOW ALL MEN by these presents, that I, A. B., of constitute and appoint Y. Z., of [or, Bank], of

the dividend now due me on all stock standing in my name on the books of the said

and receipt for the same; hereby ratifying and confirming all that may lawfully be done in the premises by virtue hereof.

WITNESS [etc., as in Form 599].

II. ELECTIONS.

602. Oath of Inspector.(a)

I DO SOLEMNLY SWEAR [or, affirm] that I will execute the duties of an inspector of the election now to be held, with strict impartiality, and according to the best of my ability.

603. Oath of Stockholder of a Moneyed Corporation, to be Administered By An Inspector in Case of Challenge.(b)

You do swear [or, affirm], that the shares on which you now offer to vote do not belong, and are not hypothecated to the [naming the corporation for which the election is held]; and that they are not hypothecated or pledged to any other corporation or person whatever; that such shares have not been transferred to you for the purpose of enabling you to vote thereon at this election, and that you have not contracted to sell or transfer them, upon any condition, agreement or understanding, in relation to your manner of voting at this election.

(a) This form is prescribed by the statute in New York. 1 Rev. Stat., 596 $85, 604 § 7. It may be taken before any officer authorized to administer oaths.

(b) This is the form prescribed by the New York statute. 1 Rev. Stat., 597 $39.