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ten dollars, unless previously sanctioned by the judge of the criminal court.

SEC. 31. The testimony of all witnesses examined before any inquest shall be reduced to writing by the coroner, or some other person by his direction, and be subscribed by the witnesses.

SEC. 32. The jury, upon the inspection of the dead body, and after hearing the testimony of the witnesses, and making all needful inquiries, shall draw up and deliver to the coroner their inquisition, under their hands, in which they shall find and certify when, how, and by what means the deceased person came to his death, and his name, if it was known, a minute description of his person, together with all the material circumstances attending his death; and if it shall appear that he was killed feloniously, the jurors shall further state who were guilty, either as principals or accessories, if known, or were in any manner the cause of his death; which inquisition may be, in substance, as follows:

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An inquisition taken at on the day of

in the year

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corner of the said county, upon the view of the body of -, (or a person,) there lying dead, by the oaths of the jurors whose names are hereunto subscribed, who, being sworn to inquire, on behalf of the United States, when, how, and by what means the said

(or person) came to his death, upon their oaths do say, (then insert description of person, and when, how, and by what persons, means, weapon, or instrument he was killed.) In testimony whereof, the said coroner and the jurors of this inquest have hereunto set their hands, the day and year aforesaid.

SEC. 33. If the jury find that any murder, manslaughter, assault, or other offence has been committed on the person of the deceased, the coroner shall bind over, by recognizance, such witnesses as he shall think proper, to appear and testify at the next session of the criminal court; he shall also return to the same court the inquisition, written evidence, and all recognizances and examinations by him taken, and may commit to jail any witnesses who shall refuse to recognise in such manner as he shall direct.

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in the county of

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SEC. 34. If any person charged by the inquest with having committed such offence shall not be in custody, the coroner shall have the same power as a justice of the peace to issue process for his

apprehension, and such warrant shall be made returnable before any justice of the peace, or other magistrate or court having cognizance of the case, who shall proceed therein as if such person had been arrested on complaint duly made.

SEC. 35. When the coroner shall take an inquest upon the view of the dead body of a stranger, or, being called for that purpose, shall not think it necessary, on view of such body, that any inquest should be taken, he shall cause, in the absence of other provision, the body to be decently buried; and if the coroner shall certify that, to the best of his knowledge and belief, the person found dead was a stranger, not belonging to this District, the expenses of burial, with the coroner's fees, and all the expenses of the inquisition, if any was taken, shall be paid to the coroner from the treasury of the United States, the account of such expenses being first examined and allowed by the judge of the criminal court; in all other cases the expenses of the inquisition only shall be paid, in like manner, by the United States.

SEC. 36. The coroner shall require the jury empanneled, to make a report, signed by them and the coroner, and to be returned with the inquisition, giving the amount of money or other valuables found on or with the dead body, and such money or other property, if there be no person to take charge of the same, shall be placed in the hands of the judge of the orphans' court, and by him paid over to the person authorized to receive the same, on being called for. But so much thereof as may be necessary may, in the event of the deceased being a stranger, be appropriated to paying his burial expenses.

SEC. 37. In case the body shall not be identified, it shall be the duty of the coroner to publish, in some newspaper printed in this District, a description of the deceased, and the amount of money or other valuables found in his possession. And though the body may be identified, if money or other valuables be found thereon, and no person entitled thereto shall claim the same within sixty days, it shall be the duty of the coroner to give public notice, as aforesaid, of the facts. The cost of such advertising shall be paid in like manner as the expense of the inquisition.

SEC. 38. It shall be the duty of the said judge, if said money shall not be called for within one year from the time of his receiving the

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same, to loan it out on the most advantageous terms he can, taking bond and good security, and the proceeds therefrom shall be applied to the maintenance of the public schools, in the manner herein before provided with regard to fines. Such money, without interest, may be claimed at any time thereafter by the parties entitled to the same.

SEC. 39. If any coroner shall fail to pay to the judge of the orphan's court the money or other property which may come into his hands as aforesaid, within three months of its receipt, it shall be the duty of said judge to sue for and collect the same in his own name, annexing his title, before the circuit court; and for such delinquency the coroner shall be fined a sum not exceeding five hundred dollars.

SEC. 40. The judge of the orphans' court shall cause to be sold, as property is sold on execution, by the marshal, all property found on a dead body and remaining unclaimed sixty days, and the proceeds of such sale shall be disposed of as is required in case of money so found.

SEC. 41. When the coroner shall be absent from the District, or unable to attend, any justice of the peace may hold the inquest, and shall proceed in all respects as coroners are directed by the foregoing provisions, and subject to the same penalties.

CHAPTER 142.

OF THE ARREST AND EXAMINATION OF OFFENDERS, COMMITMENT FOR TRIAL,

AND TAKING BAIL.

SECTION

1. Officers empowered to act under this chapter.

2. Complaint, warrant, and summonses for witnesses.

3. What officers may bail, and when.

4. Prisoners; when to be brought before magistrate, on arrest, &c.

5. Magistrate, if he take bail, to return the recognizance to court, &c.

6. Magistrate may adjourn the examination, &c.

7. In case of default, magistrate to certify recognizance to criminal court.

SECTION

8. Proceedings when the party fail to recognise.

9.

10.

11.

12.

13.

14.

15. Testimony may be reduced to writing. 16. Prisoner; when to be discharged.

17. Prisoner; when to be bailed, or committed.

18. Witnesses to recognise.

Manner of conducting the examination.

SECTION

19. Witnesses; when to recognise with sureties.

20. Recognizances of married women and minors.

21. Witnesses refusing to recognise, to be committed.

SECTION

29.

30.

31. Proceedings on forfeited recognizances. 32.

33.

34. Judgment on forfeited recognizance; when a lien on real estate.

22. Prisoners committed for want of bail; how discharged.

23. Accused may deposit money instead of giving bail.

24. Examining justice of peace may have associates.

25. Examinations and recognizances of witnesses to be returned.

26. Commitments; when to be superseded, and recognizances discharged.

27. Orders therefor; how to be filed and effect thereof.

28. Bail may surrender principal.

SECTION 1. For the apprehension of persons charged with offences, the judge of the criminal court, any judge of the circuit court, in vacation as well as in term time, and justices of the peace, are authorized to issue process to carry into effect the provisions of this chapter.

ARRESTING FUGITIVES FROM JUSTICE.

35. Judge of the criminal court may appoint agents to demand fugitives.

36.

37.

38. Fugitives; how surrendered.

39.

40.

41. When fugitives to be detained in Dis

trict.

42. Rewards for persons charged with offences.

SEC. 2. Upon complaint made to any such magistrate that a criminal offence has been committed, he shall examine, on oath, the complainant, and any witnesses produced by him, and shall cause the same to be subscribed by the complainant, and if it shall appear that any such offence has been committed, the magistrate shall issue a warrant, reciting the substance of the accusation, and requiring the officer to whom it shall be directed, forthwith to take the person accused, and to bring him before the proper court or magistrate having jurisdiction, to be dealt with according to law, and in the same warrant may require the officer to summon such witnesses as shall be therein named, to appear and give evidence on the examination.

SEC. 3. In all cases where the offence charged in the warrant is a misdemeanor, or a felony not punishable by exceeding five years' imprisonment in the penitentiary, with or without fine, any justice of the peace shall have power to bail in his discretion. In all cases the judge of the criminal court, or any judge of the circuit court, may bail, except where the charge is treason, piracy, or murder, and the presumption of guilt is strong from the evidence.

SEC. 4. In all misdemeanors, except those punishable by a justice of the peace, if the person arrested shall request that he may be brought before a justice of the peace for the purpose of entering into a recognizance without an examination, the officer who made the arrest shall carry him before a justice, who may take from the person arrested a recognizance, with sufficient sureties, for his appearance at the court having cognizance of the offence, and the party arrested shall thereupon be liberated.

SEC. 5. The magistrate who shall so let the person arrested to bail, shall certify that fact upon the warrant, and shall deliver the same, with the recognizance by him taken, to the person who made the arrest, who shall deliver them without unnecessary delay to the clerk of the criminal court, and on the application of the complainant, the magistrate who issued the warrant, or the district attorney, shall cause such witnesses as he may think necessary to be summoned to the same court.

SEC. 6. A magistrate may adjourn an examination pending before himself, from time to time, as occasion shall require, not exceeding, without the consent of the person charged, ten days at any one time, and to the same or a different place in the District, as he shall think necessary; and in such case, if the party is charged with an offence not bailable, he shall be committed in the mean time, otherwise, he may be recognised in a sum, and with sureties, to the satisfaction of the magistrate, for his appearance for such further examination, and for want of such recognizance, he shall be committed to prison.

SEC. 7. If the person so recognised shall not appear before the magistrate at the time appointed for his further examination, according to the condition of such recognizance, the magistrate shall record the default, and shall certify the recognizance, with the record of such default, to the criminal court, and like proceedings shall be had thereon, as upon the breach of the condition of a recognizance for appearance before that court.

SEC. 8. When such person shall fail to recognise, he may be committed to prison, by an order under the hand of the magistrate, stating concisely, that he is committed for further examination on a future day, to be named in the order, and on the day appointed he may be brought before the magistrate, by his verbal order to the same officer by whom he was committed, or by an order in writing to a different

person.

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