Gambar halaman
PDF
ePub

inquests of vio

deaths, &c.

rity in the

Same proceed.

as Sheriffs.

moval as Sher

tive counties, and shall, before they enter upon the duties of and in taking their office, be sworn to the faithful discharge thereof, and lent or casual give security before they proceed to act, in the manner prescribed in "An Act passed on the twenty fourth day of June To give secuin the year of our Lord, eighteen hundred and twenty, enti- same manner tled An Act providing that bonds shall be given by Sheriffs as sheriffs. and Coroners to the Treasurer of this State, and giving remedies thereon;'" and the same proceedings in all respects ing to be had shall be had respecting Coroners' bonds and sureties; and on their bonds, Coroners shall be liable to the same forfeitures for like causes, to be recovered in like manner; and subject to removal from office in the same way, and to be proceeded against in the subject to resame manner in all respects, as are provided in the Act aforesaid with regard to Sheriffs. SEC. 2. Be it further enacted, That each Coroner shall, Mode of proceeding to as soon as he shall be certified of the dead body of any person supposed to have come to his death by violence or casualty, found or lying within his county, make out his warrant directed to the Constable of the town where the dead body is found or lying, or to the Constables of one or more of the three or four next adjacent towns, requiring them forthwith to summon a Jury of good and lawful men of the same town or towns, sufficient to make up nine in all, to appear before him at the time and place in such warrant mentioned and expressed; which warrant shall be in form following:

(SEAL.)

SS. To either of the Constables of B.

in the said county of S

Greeting.

good and lawful before me, one of

take an in

quest.

rant.

These are in the name of the State of Maine, to require Form of waryou immediately to summon and warn men of the said town of B- to appear the Coroners of the said county of S house of

town of B

[ocr errors]

or at a place

at the hour of

upon the view of the body of

called

and in what manner he came to his

at the dwelling within the said then and there to inquire

there lying dead, how death. Fail not herein

W. G.

duty.

at your peril. Given under my hand and seal, at B the day of in the year of our Lord, And every Constable to whom such warrant shall be di- Constables' rected and delivered, shall forthwith execute the same, and shall repair to the place where the dead body is, at the time mentioned, and make return of the warrant with his doings thereon, unto the Coroner that granted the same. And every Penalty for Constable failing unnecessarily of executing such warrant, or gleet of Conof returning the same as aforesaid, shall forfeit the sum of ten dollars, and every person summoned as a Juror as afore- non-attendance said, that shall fail of appearance without having reasonable excuse therefor, shall forfeit seven dollars; which forfeitures 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. And the Coroner shall swear six or

stable.

Penalty for

of Juror.

Coroner to

swear Jurors:

and for of oath.

Coroners' charge to Jury.

more of the Jurors that shall appear, and shall give the fore man by him appointed, his oath upon view of the body, in form following:

You solemnly swear that you will diligently inquire and true presentment make on behalf of this State, how and in what manner A. B. who lies here dead, came to his death, and you shall deliver up to me, one of the Coroners of this county, a true inquest thereof, according to such evidence as shall be laid before you, and according to your knowledge. So help you God.'

And then shall swear the other Jurors in form following: Such oath as your foreman hath taken, you and each of you shall well and truly observe and keep. So help you God.

And 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 neighbours, 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. And 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 knowledge concerning the matter in quesdence in writ- tion; and he shall administer an oath to them in form follow

Coroner to

ummon witnesses and wear them,

and take evi

ing.

ing:

You solemnly swear, that the evidence which you shall give Form of oath. to this inquest, concerning the death of A. B. here lying dead, shall be the truth, the whole truth, and nothing but the truth. So help you God.

May recognize

case, &c.

The evidence of such witnesses shall be in writing subwitnesses, in scribed 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 holden within and for the same county, there to give evidence accordingly; and commit to the common goal of the county such witness or witnesses as shall refuse to recognize as aforesaid; and shall return to the same Court the inquisition, writ

verdict to Cor

ten evidence and recognizance by him taken. And the Jury, Jury to deliver having viewed the body, heard the evidence, and made all oner. the inquiry within their power, they shall draw up and deliver unto the Coroner their verdict upon the death under consideration, in writing under their hands and seals, in form following:

county of S

cases.

SS. An inquisition taken at B within the said Form of vercounty of S the day of in the year of our Lord diet, in divers before W. G. gentleman, one of the Coroners of the said upon the view of the body of A. B. there ly ing dead, by the oaths of yeomen, good and lawful men, who being charged and sworn to inquire for the State, when, how and by what means the said A. B. came to his death, upon their oaths do say [Then insert, how, when and by what means, with what instrument he was killed; and if it appears that he hath been murdered by a person known, then the inquisition shall be concluded in this form :] to wit,

And so the Jurors aforesaid upon their oaths aforesaid, do say, that the aforesaid A. B. in manner and form aforesaid, then and there of his malice aforethought, did kill and murder against the peace and dignity of the State, and the laws of the same, [If it appears to be self-murder, then shall the inquisition be concluded thus:] And so the Jurors aforesaid, thus upon their oaths aforesaid do say, that the said A. B. 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 if it appears that the death was by misfortune] And so the Jurors aforesaid, upon their oaths say, that the said A. B. in manner aforesaid, came to his death by misfortnne. [If innocently by the hands of any person] The Jurors upon their oaths aforesaid do say, that the aforesaid D. R. the aforesaid A. B. by misfortune, and against and contrary to the will of him the said D. R. in manner and form aforesaid, did kill and slay. In witness, whereof the said Coroner and Jurors to this inquisition have set their hands and seals, the day and year abovesaid, And Coroner in cerupon an inquisition found before any Coroner of the death of tain cases to any person, by the felony or misfortune of another, he shall of the Peace. 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, axamined and secured in order for trial.

notify Justice

and expenses

SEC. 3. Be it further enacted, That every Coroner within Coroners to the county for which he is appointed, shall, after the return bury deceased, of an inquisition of the Jury, upon the view of a dead body bow paid. of any stranger, bury said body in a decent manner; and the expenses thereof, together with all the expenses of said inquisition and the Coroner's fees, shall be paid to said Coroner out of the Treasury of this State, an account of said expenses being first examined and allowed by the Legisla

Coroners may serve writs.&e.

their owo towns

ture, 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 such stranger belonged, if an inhabitant 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.

SEC. 4. Be it further enacted, That Coroners be, and in cases where they hereby are authorized and empowered to make service and return of all writs and processes to them duly directed, in which towns or plantations of which they are inhabitants, are parties or interested, any law, usage or custom to the contrary notwithstanding.

are parcies or interested.

Proceedings of all Coroners confirmed.

Enumeration

attachment, execution and

distress

[Approved March 19, 1821.]

:00:

CHAPTER XCIV.

An Act rendering valid the Doings and Acts of Coroners in certain cases.

BE it enacted by the Senate and House of Representatives, in Legislature assembled, That the acts and doings of all Coroners commissioned under the authority of the Commonwealth of Massachusetts, in office and qualified according to law on the twenty-fourth day of June, in the year of our Lord one thousand eight hundred and twenty, which were done and performed before the passing of this Act, shall not be deemed void in law by reason of any of the provisions of an Act, passed on said twenty-fourth day of June, entitled, "An Act providing that bonds shall be given by Sheriffs and Coroners to the Treasurer of this State, and giving remedies thereon." [Approved March 17, 1821.]

-00

CHAPTER XCV.

An Act to exempt certain Goods and Chattels from attachment and execution, and from distress for Taxes.

BE it enacted by the Senate and House of Representaof articles ex lives, in Legislature assembled, That the wearing apparel, beds, empted from bedsteads, bedding and household utensils of any debtor necessary for himself, his wife and children; the tools of any debtor necessary for his trade or occupation; the bibles and school books, which may be in actual use in his or her family; all cast iron stoves and stoves made of sheet iron, used exclusively for the purpose of warming buildings; one cow, one swine, ten sheep, with the wool which may be shorn from

them, and thirty hundred of hay for the use of said cow, and two tons for the use of said sheep, shall be exempted from attachment, execution and distress: Provided, That not more than one such stove to each building, owned or occupied by the same person or family shall be so exempted: And provid ed also, That the beds and bedding, exempted as aforesaid, shall not exceed one bed, bedstead and necessary bedding to two persons; nor the household furniture, the value of fifty dollars. [Approved January 23, 1821.]

:00:

CHAPTER XCVI.

An Act for the further relief of poor Prisoners committed by Execu

tion for debt.

BE it enacted by the Senate and House of Repre

If Judgment

sentatives, in Legislature assembled, That whenever any poor creditor is dead, prisoner is or shall be committed by execution for debt in any of the prisons of this State, and the judgment creditor is or shall be dead, and two months shall have elapsed since the death of such judgment creditor, without any administration being granted upon his estate, the notice required by law in such case shall be served upon the attorney of record of such judgment creditor in the suit whereon the judgment was rendered, upon which the execution whereby such debtor stands so committed was issued; and such notice being serv- notice served ed upon such attorney in the same manner and within the on the attorney same time as notice is to be served in other cases by law, shall be good and effectual to all intents and purposes, as the same would be if duly served upon the judgment creditor if living.

[Approved June 27, 1820.]

:0:

CHAPTER XCVII.

An Act to direct the Time and Manner of exhibiting the Accounts of
County Treasurers, and the Estimates for County Taxes, and

for other purposes.

of record.

pare estimates

SEC. 1 BE E it enacted by the Senate and House of Represent- Courts of Sexatives, in Legislature assembled, That the respective Courts of sions to preSessions in the several counties of this State, at the terms of of county taxes the said Courts holden next before the first day of January annually, shall make up and prepare estimates of taxes for all county charges, equal at least to defray the expenses which have accrued or may probably accrue for one year ensuing the said first day of January, including the building and repairing of gaols and Court houses, and their appurtenances, with the debts due and owed by the said counties respectively; and the said estimates being so made and approved by the

« SebelumnyaLanjutkan »