such jury, the coroner may issue another warrant to supply th deficiency.

SEC. 5. The coroner shall swear six jurors and shall give th foreman by him appointed his oath upon view of the body, in for following: You solemnly swear, that you will diligently inquir and true presentment make, in behalf of this state, how and i what manner who lies here dead, came to his or he death; and you shall deliver to me, one of the coroners of th town of in the county of a true inques thereof, according to such evidence as shall be laid before you; s help you God. He shall then swear the other jurors in form fol lowing: Such oath as your foreman has taken, you and each o you will well and truly observe and keep; so help you God. case any juror is conscientious about taking an oath, the corone may administer an affirmation in lieu thereof.

I

SEC. 6. The jurors, being sworn, in view of the body, the coro ner shall give them a charge, upon their oaths to declare of the death of the person, whether he died of felony, or of mischance o accident; and, if of felony, whether of his own or another; and if of the felony of another, who were principals and who were acces sories, and of all material circumstances; and, if he died of his own felony, then to inquire of the manner and of all the circum stances concerning it; and, if he died by mischance or accident whether by the act of men, or by hurt, fall, stroke, drowning o 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 he was found, and, if elsewhere, by whom and how he was brought from thence, and of all circumstances relating to said death.

SEC. 7. The jury being charged, shall stand together, and the coroner shall cause proclamation to be made for all persons who can give evidence how and in what manner the person, then and there lying dead, came to his death, to draw near and they shall be heard; and every coroner is further empowered to summon and, if necessary, to graut compulsory process for the appearance of witnesses, and to administer an oath to them in form following: You solemnly swear (or aflirm) that the evidence which you shall give to this inquest concerning the death of here lying dead, shall be the truth, the whole truth, and nothing but the truth: so help you God; (or, this affirmation you make and give on peril of the penalty of perjury.)

SEC. 8. The testimony of each witness shall be drawn up in writing and subscribed by him, and if any witness charge any person with killing, or of being, in any way, instrumental in the death of a person so found dead, the coroner shall bind such witness by recognizance and in a reasonable sum, for his personal appearance at the next supreme court or court of common pleas, to be holden within and for the same county, then to give evidence accordingly; and if any such witness shall refuse to recognize as aforesaid, the coroner shall and may commit such witness to the jail of the county, there to remain until he shall recognize or be otherwise discharged according to law.

SEC. 9. 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 their consideration, in writing, under their hands, and the coroner shall set his hand and seal thereto; and shall return to the next supreme court or court of common pleas, holden in the county, the inquisition, written evidence and recognizances, if any, by him taken.

SEC. 10. Upon an inquisition found before any coroner of the death of any person by the felony or misfortune of another, he shall immediately make a complaint thereof, in writing and on oath, to some justice of the peace in the same county, to the intent that the person killing, or being in any way instrumental to the death, may be apprehended, examined and secured for trial.

SEC. 11. The following shall be the form of the inquisition to be taken as aforesaid:

State of Rhode Island and Providence Plantations.
in the county of
before

sc. An inquisition taken at

day of

on

in the year of our Lord one of the coroners of the town of in said county of upon view of the body of there lying dead, by the oaths of six good and lawful men; who, being sworn and charged to inquire, for the said state, when, how and by what means, the said came to his death, upon their oaths do say: (then insert how, where, when and by what means, he was killed, and if it appears that he was murdered by a person known, then the inquisition shall be concluded thus:)" And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said

in manner and

did kill

If it ap

form aforesaid, of his malice aforethought, the said and murder, against the peace and dignity of this state." pear to be self-murder, then the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say that the said in manner and form aforesaid, then and there, voluntarily, and feloniously, as a felon of himself, did kill and murder himself, against the peace and dignity of the state."

If it appears that the death was by misfortune, the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said in manner aforesaid came to his death by misfortune." If the death was occasioned innocently, by the hands of any other person, the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said by misfortune, and contrary to the will of the said in manner and form aforesaid, the said did kill and slay." In witness whereof, the said jurors have hereunto set their hands, the day and year aforesaid. In witness of all the before written, the said coroner hath hereunto set his hand and seal, the day and year aforesaid.

TITLE XXXII.

Of Fines, Penalties, Forfeitures and Imprisonment.

CHAPTER 225. Of fines, penalties and forfeitures.

CHAPTER 226. Of jails, and the care and discipline of jails.
CHAPTER 227. Of the reform school in the city of Providence.
CHAPTER 228. Of the state prison, its officers and discipline.

SECTION 1. All fines of twenty dollars and under, shall be re covered by complaint and warrant; all fines of upwards of twenty dollars, by indictment; all penalties and pecuniary forfeitures, by action of debt; and all forfeitures of personal property, by com plaint and warrant, or by information, unless otherwise provided by law.

SEC. 2. All complaints and warrants, indictments, actions and informations, founded on any penal statute, shall be brought within the county in which the offence was committed, and not elsewhere.

SEC. 3. All fines recovered shall be to the use of the state; all penalties and pecuniary forfeitures, one half to the use of the state, and the other half to the use of him who shall sue for the same, unless otherwise directed by law; all forfeitures of personal property shall be disposed of as by law shall be provided.

SEC. 4. All fines, penalties and forfeitures, whether of money or property, of twenty dollars and under, or of the value of twenty dollars and under, shall be prosecuted before a justice of the peace or court exercising the jurisdiction of a justice of the peace; if upwards of twenty dollars in amount or value, before the court of common pleas, unless otherwise specially provided.

SEC. 5. When any penalty shall be imposed for neglect during any period of time, such neglect may be alleged to have commenced at any specified time, and shall be reckoned from the time so specified.

SEC. 6. In actions for the recovery of any penalty or forfeiture before any justice or court, it shall be no cause of exception that the justice or any member of the court resides or has property in the town in which the offence was committed, or that the penalty, or any part thereof, is recoverable to the use of the town.

SEC. 7. The defendant to an action for a penalty may plead the general issue, and under it give any special matter in evidence.

SEC. 8. All suits or prosecutions founded upon any penal statute, which are wholly or in part for the use of the prosecutor, shall be brought within one year, and all other suits and prosecutions on such statute, within two years after the commission of the offence, unless otherwise specially provided.

SEC. 9. When any penalty or forfeiture, or any part thereof, shall be given to any town by any penal statute, the town council may sue therefor in the name of the town, or the proper prosecuting officer in the name of any city which shall be entitled to the benefit thereof, and the town council may remit the whole of said penalty or forfeiture.

SEC. 10. If any person against whom sentence shall be passed or judginent shall be rendered, under any penal statute, shall refuse or neglect to perform such sentence, or to pay such judgment, he shall, by order of the court passing such sentence, or by the officer charged with the execution issued on such judgment, be committed to the jail of the county in which he shall be tried, and be there imprisoned until such sentence be performed, or he is discharged by due course of law.

SEC. 11. All fines, and all penalties and forfeitures to the use of the state, shall be paid over to the general treasurer, unless otherwise specially provided.

SEC. 12. If, upon any complaint or prosecution before any court or justice, the defendant shall be ordered to pay a fine, enter into

a recognizance, or suffer any penalty or forfeiture, he shall also ordered to pay all costs of prosecution, unless otherwise by la directed.

SEC. 13. If any recognizance shall be forfeited in any case which, if the recognizor had been convicted, any sum might ha been due to the complainant, or any person or corporation, th court in which the amount of such recognizance shall, in whole part, be recovered, shall ascertain the just sum and costs, if an which shall be due therefrom to such complainant, person or corp ration, and grant a certificate therefor, which, upon being audite by the state auditor, shall be paid, upon his warrant for the amou thereof upon the general treasurer.

SEC. 14. Where any personal property shall be forfeited for ar violation of law, any sheriff, deputy sheriff, town sergeant or co stable within his precinct, or any person by law authorized to sei the same, may take and retain such property until he shall deliv it to a proper officer having a warrant to take and detain th

same.

SEC. 15. The person making or directing such seizure shall, with out unnecessary delay, make complaint on oath and in writing, said justice of the peace or court exercising the jurisdiction of justice of the peace, within the county in which the offence f which such forfeiture has accrued was committed, if the value the property seized do not exceed the sum of twenty dollars, an otherwise shall file in the office of the clerk of the court of commo pleas of such county, an information under oath, stating the caus and asking for judgment of forfeiture.

SEC. 16. Upon making such complaint or filing such informa tion for a forfeiture, a warrant shall be issued to the proper office requiring him to take such property into his custody, and to detai the same until legally disposed of.

SEC. 17. Notice of such complaint or information shall be issue by the court or justice to the owner, if known; otherwise notic shall be published in some newspaper printed in the vicinity, for period of at least two weeks, that all persons interested may ap pear either in person or by attorney, at the time and place appointed in the notice for trial, and show cause, if any they have, why judg ment of forfeiture should not be passed.

SEC. 18. If any person shall appear and claim such property the same may be sold by consent of parties, provided the same be of such nature that it may be lawfully sold and used, and the law doth not require the same to be destroyed, or otherwise in some special manner disposed of; or, under like proviso, it may in any case be sold, if of a perishable, wasting or expensive character to keep, in like manner as is provided for the sale of similar property when attached on civil process; in which case the proceeds of sale after deducting the charges thereof, shall for all purposes represent the thing sold and be subject to the judgment and order of the court or justice.

SEC. 19. Unless by law the property seized be necessarily subject upon judgment of forfeiture to be destroyed, it shall, at the re