TITLE LXXXVII. Stat. 1783 e. 43, s. 2. Coroner's warrant for a jury. See Appendix, No. 12. Ibid. Execution of such warrant. Ibid. Penalty for non-ap INQUEST OF DEATH. EACH The form of this warrant is prescribed by statute. Every constable to whom such warrant is directed 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 who granted the same. And every constable failing unnecessarily in executing such warrant, or of returning the same as aforesaid, shall forfeit the sum of three pounds. A juror thus summoned, that shall fail of appearance, without having reasonable cause therefor, shall forfeit pearance of a juror. forty shillings. Ibid. How recoverable. 1bid. Foreman appointed. See Appendix, No. 13. These forfeitures are recoverable by action of debt, before any court that can take cognizance and shall be applied to the use of the coun When the jury appear, the coroner must the same, ect twelve or more of them, and appoint a foreman. To he foreman and his fellows he must administer the oath pointed out by the statute. Ibid. the inquest. After the jurors are sworn, it is the duty of the corener to charge them, upon their oaths, to declare of the death of the person, whether he died of felony, or of Coroner's charge to mischance, or accident; and if of felony, who were the 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 thepce, 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. After the jury are charged, the coroner must make proclamation, for any person that can give evidence, to draw near, and that they shall be heard. Ibid. Proclamation for evi dence. The coroner may issue his warrant for witnesses to Ibid. appear before him for examination. To these witnesses he shall administer an oath prescribed by the statute. Warrant for witnesses. Their oath. See Appendix, No. 14. Ibid. Form of the testi- The testimony must be in writing and subscribed by the witnesses; and if it relate to the trial of any person concerned in the death, the coroner must recognize such mony. witnesses in a reasonable sum, for their personal appea- cognized. rance at the next supreme judicial court, to be holden within and for the same county, there to give evidence accordingly. Ibid. nize he may be com Upon the refusal of a witness to enter into such recog- On refusal to recog nizance, the coroner has power to commit him to the mitted. county gaol. Ibid. When the jury have sufficiently viewed the body, and Verdict of the inquet heard the witnesses, they must draw up and deliver unto See Appendix, No the coroner their verdict upon the death under conside ration, in writing under their hands and seals, as prescribed by statute. Ibid. Return of the inqui sition. See Appendix, No. 16. Lid. Coroner in certain cases to give informa tion to a justice of the peace. Stat. 1806, c. 29. Duty of a coroner to case he be a stranger. The coroner must return the inquisition, written evidence, and recognizance, by him taken, to the next supreme judicial court. If it appear by the inquisition, that the death came by the felony or misfortune of another, the coroner 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. If the dead body be that of a stranger, it is the duty of the coroner, after the return of the inquisition, to bury bury the deceased in such 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 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 coroner, who shall return the inquisition, shall certify, under oath, that the person found dead, was a stranger not belonging to this commonwealth, 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 inhabitant of this commonwealth; and the expenses of said inquisition shall be paid to the coroner, by the county in which the inquisition shall be taken. NOTE. The statute last above quoted of 1806. c. 29. repeals the statute of 1805, c. 66. which relates to the same subject. TITLE LXXXVIII. 1. OF INQUEST OF OFFICE. r an inquest, where the commonwealth claims a reseizin of an estate, upon condition broken. 2. Of an inquest in other cases. 3. Of an inquest where the defendant is an alien, or is the tenant, agent, servant or bailiff of an alien. 4. Of a recovery by the heirs, after a seizin of the commonwealth on a supposed defect of heirs. I. Of an inquest, where the commonwealth claims a reseizin of an estate, upon condition broken. Stat. 1791, c. 13, s. 1. By statute it is enacted, that in all cases where lands, tenements or hereditaments, have been granted, or confirmed by the late province or colony of MassachusettsBay, or by this commonwealth, or which may be granted or confirmed by this commonwealth, on certain conditions in such grants or confirmations mentioned, and the commonwealth shall claim to be revested in the same, for the breach of one or more of the said conditions, an inquest of office shall thereupon be taken, in the supreme judicial court in the county where the estate lies, that is to say, the attorney-general, shall, upon the direction of the legislature, file an information in behalf of the commonwealth, in the said court, at any term thereof, in any county, setting forth, among other things, the grant or confirmation, with the conditions therein forth. mentioned, and assigning the breaches of such of said conditions as shall be directed by the legislature, and of breaches. Where to be taken. Information. What it must set Assignment of Seire facias against the defendants. When returnable. When to be served. Ibid. Judgment in case the defendants do not appear, or do not plead, or in case of disclaimer. Ibid. Proceedings in case defendants claim to hold the estate. Ibid. of a verdict for the no others, (1) and alleging that by force thereof, the commonwealth have right, by law, to be revested in the said estate, and praying that process may issue thereupon in due course of law; whereupon the court shall order a scire facias to issue against such person or persons, bodies politic and corporate, or proprietors, as the attorneygeneral, in his information, shall allege, hold the estate under such grant or confirmation, returnable to the said court at one of the terms to be holden in the county, where the estate lies; which scire facias shall be served thirty days before the sitting of the court to which the same is made returnable. And if the defendants shall not appear, or appearing, shall refuse to plead, judgment shall be rendered, that the commonwealth be reseized of the estate described in the information; and if the defendants shall, by plea, disclaim to hold the said estate, or any part thereof, then judgment shall be rendered, that the attorney-general take nothing by his information, so far as the same respects the estate so disclaimed; and the defendants, their heirs and assigns, shall, for ever thereafter, be estopped from claiming or holding the estate so disclaimed, under the said grant or confirmation. But if the defendant's shall claim to hold the said estate, or any part thereof, under such grant or confirmation, and shall traverse the breaches assigned, issue being joined thereon, the same shall be tried by a jury at the bar of the said court, in the usual and due course of law; and a view may be granted or a plan ordered, when necessary, as in the trial of real actions. And if the issue be found in favour of the commonwealth, judgment shall be rendered, that the common Judgment in case of wealth be reseized of the said estate, and recover costs of suit, for which costs, execution shall issue in due form eommonwealth. (1) See Stat. 1796, c. 4. quoted in the last paragraph under this head. |