body lies here dead came to his death; and you shall return a true inquest thereof, according to your knowledge and such evidence as shall be laid before you; so help you, God. summoned, &c. SECT. 5. The coroner may issue subpoenas for witnesses, returnable Witnesses, how forthwith or at such time and place as he shall therein direct. The per- R. S. 140, § 5. sons served with such subpoenas shall be allowed the same fees, and their attendance may be enforced by the coroner in the same manner, and they shall be subject to the same penalties, as if they had been served with a subpoena in behalf of the commonwealth, to attend a justice's court. witnesses ex rately. SECT. 6. The coroner, with the consent of a majority of the jury, may Inquisition may order the inquisition to be secret; in which case he may exclude from be secret, and the place where the inquisition is taken any or all persons other than amined sepathose required to be present by the provisions of this chapter; and during 1850, 133, § 1. the examination of a witness, may exclude from the place of examination all other witnesses, and may also direct the witnesses to be kept separate, so that they cannot converse with each other until they have been examined. SECT. 7. An oath to the following effect shall be administered by Oath of witthe coroner to the witnesses: You solemnly swear, that the evidence which you shall give to this inquest, concerning the death of the person here lying dead, shall be the truth, the whole truth, and nothing but the truth; so help you, God. nesses. R. S. 140, § 6. SECT. 8. The testimony of all witnesses examined before any inquest, Testimony, shall be reduced to writing by the coroner, or some person by his direc- how taken, &c. tion, and subscribed by the witnesses. S. 7. See § 12. how taken and what to contain. R. S. 140, § 8. SECT. 9. The jury, upon the inspection of the dead body, and after Inquisition, 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, his name if it was known, together with all material circumstances attending his death; and if it appears that he was murdered, the jurors shall further state who were guilty either as principal or accessory, if known, or in any manner the cause of his death; which inquisition may be in substance as follows: An inquisition taken at before in the year COMMONWEALTH OF MASSACHUSETTS. -, upon one of the coroners of said county of 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 said commonwealth, when, how, and by what means, said (or person) came to his death, upon their oaths do say, (insert when, how, and by what persons, means, weapon, or instrument, he was killed.) In testimony whereof, said coroner and the jurors of this inquest have hereunto set their hands, the day and year aforesaid. Form of inquisition. in case of a SECT. 10. If the jury find that a murder, manslaughter, or assault, Coroner's duty was committed on the deceased, the coroner shall bind over by recog-murder, &c. nizance such witnesses as he thinks proper, to appear and testify at the R. S. 140, § 9. next court to be held in the same county at which an indictment for such offence can be found, and may commit to the jail any witnesses who refuse to recognize in such manner as he directs. He shall return to the same court the inquisition, written evidence, and all recognizances and examinations by him taken. SECT. 11. If a person charged by the inquest with having committed Same subject. R. S. 140, § 10. such offence is not 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 a justice of the peace, or other magistrate or court having cognizance of the case, who shall proceed therein in the manner required of justices of the peace in like cases. SECT. 12, A person who reduces the testimony to writing by direc- Compensation of clerk, sur- Expenses of Coroner, when R. S. 140, § 11. Expenses, how Where no coro- Coroner to take body. tion of the coroner pursuant to section eight, shall be allowed for his services such sum as the coroner determines, not exceeding one dollar and fifty cents for each day's actual attendance upon the jury. A surgeon or chemist who aids in the examination on the determination of the coroner that such aid is necessary, shall be entitled to such compensation for his services as the coroner certifies to be just and reasonable, the same being audited and allowed in the manner provided in section fifteen. SECT. 13. When services are rendered in bringing to land the dead body of a person found in any of the harbors, rivers, or waters, of this state, the coroner may allow such compensation for said services as he deems reasonable; but this section shall not entitle any person to allowance for services rendered in searching for such dead body. SECT. 14. When a coroner takes an inquest upon the view of the dead body of a stranger, or being called for that purpose does not deem it necessary on view of such body that an inquest should be taken, he shall cause the body to be decently buried, unless its dissection has been allowed by lawful authority; and if the coroner certifies that, to the best of his knowledge and belief, the person found dead is a stranger not belonging to this state, the expenses of burial and of the inquisition, if any is taken, and other necessary expenses, with the coroner's fees, shall be paid from the state treasury. In all other cases the expenses of the burial shall be paid by the town or city where the body is found, and all other expenses by the county. SECT. 15. The coroner shall return an account of the expenses of each inquest, or view, including his fees, to the county commissioners having jurisdiction over the place where the inquest or view is held, or in Boston to the city auditor, and shall annex thereto the written authority under which the inquest was held. Such commissioners or auditor shall audit such accounts and certify to the treasurer of the commonwealth, or the treasurer of the county, as the case demands, what items therein are deemed just and reasonable, which shall be paid by said treasurers to the persons entitled to receive the same. SECT. 16. When the dead body of a person supposed to have come to his death by violence is found in any town or city in this state in which no coroner duly qualified resides, any justice of the peace, within his county, shall have the like powers, and execute and discharge the same duties as are herein imposed upon coroners, and shall be entitled to the same fees as coroners for like services. SECT. 17. In all cases under this chapter, the coroner shall take charge of any money or other personal property of the deceased, found upon or near the body, and deliver the same forthwith to those entitled to its care or possession, but if not claimed within sixty days, then to the public administrator, to be administered upon according to law. 303 187 tuguest on fine di 203 treasury. SECTION 1. All fines and forfeitures recovered in prosecutions of Fines, &c., to be which any part of the costs are paid by the commonwealth, and all fines paid into state and forfeitures imposed as a punishment for any offence, or the violation R. S. 133, § 14. or neglect of any duty imposed by statute, shall, where no other provis- 1852, 94, § 24. ion is especially made by law, be paid into the treasury of the common- 1855, 270, § 5. wealth. 1839, 135. 4 Cush. 503. 2 Gray, 428. ered. 1852, 312. 1859, 196. -SECT. 2. All fines and forfeitures mentioned in the preceding section, how recovor expressly appropriated to the use of the commonwealth, or any RS. 118, § 42. county, city, or town, may, unless otherwise especially provided by law, R. S. 133, § 14. be prosecuted for and recovered by indictment in the superior court; 1858, 45, §§ 1, 2. or when the amount or value thereof does not exceed one hundred dollars, by complaint before a police court, or when it does not exceed fifty dollars, by complaint before a justice of the peace, who shall respectively have such jurisdiction concurrently with the superior court; or the same may be recovered in an action of tort. 1858, 46. peace to return feitures. 1852, 289, § 1. 1857, 40. Two-thirds of for criminal costs one-third by paid by state; counties. 1845, 227. 1850, 68. ing costs. R. S. 141, §2. 1850, 107, § 1. SECT. 3. Justices of the peace shall, on or before the fifteenth day Justices of of October annually, return to the secretary of the commonwealth and for specific account of all fines and forfeitures received by them to the use of the commonwealth or other public authority. SECT. 4. Two-thirds of all legal costs and expenses arising in criminal prosecutions, including the fees of grand and traverse jurors travel and attendance therein, unless paid by the party prosecuted, shall be paid by the commonwealth as hereinafter provided, and the other third by the respective counties in which they occur; but no part of the costs arising under any prosecution for the violation of a by-law of a city or town shall be paid by the commonwealth. SECT. 5. In criminal prosecutions instituted before justices of the Duty of justices peace, in which a warrant is duly served and returned before them and of peace in taxthey render judgment, they shall tax the legal costs arising therein and certify their allowance of the, same, and in cases where the warrant is not served, they may allow to the officer and tax and certify such costs as they deem proper. SECT. 6. In cases in which justices of the peace exercise final jurisdic- Same subject. tion in criminal prosecutions, they shall certify the costs by them taxed Justice may reand allowed, to the next superior court, which taxation shall be examined by the court or its order, the errors therein corrected, and the costs allowed and made up in the general bill of costs for the same term of the court: provided, that when a person convicted before a justice of the peace, and sentenced to pay the costs of prosecution, or a fine and costs, complies with the sentence, the costs, or fine and costs, shall be paid to the justice, who may retain his own fees and pay the residue of the costs to the officer and witnesses or other persons entitled thereto; otherwise such costs and the fine shall be paid to the treasurer of the county, city, or town, in the manner directed in chapter one hundred and twenty. SECT. 7. In criminal prosecutions which are carried to the superior court by appeal, and in cases where a person is bound by recognizance or committed for want of sureties by a justice of the peace or police court, to answer in the superior court, the costs shall be taxed, and certified with the papers to the court, and shall be there allowed and taxed in the costs of prosecution. fees. tain his own R. S. 141, § 3. 1859, 196.' Costs, how certified by justice on appeal, &c. R. S. 141, § 4. 1859, 196. superior court, in S. J. C. and SECT. 8. All costs arising in criminal prosecutions in the supreme judicial court, or superior court, shall be taxed by the prosecuting officer, how taxed, cer tified, and returned. R. S. 141, § 8. 1843, 61, § 1. Fines, costs, to sheriffs, and by them to county treas urers. and the allowance certified by the clerk, under the direction of the court. The clerks shall make and deliver to the treasurers of the respective counties, cities, or towns, at the end of every term or as soon thereafter as may be, copies of all bills of costs which have been taxed and allowed, and certificates of all fines imposed by the respective courts, to the use of the commonwealth, county, city, or town; and they shall transmit to the treasurer of the commonwealth a certificate of the amount of all such bills of costs, and all sums allowed by the courts as rewards or compensations to prosecutors, with a statement of all fines and forfeitures to the use of the commonwealth imposed or awarded by the court. SECT. 9. All fines, forfeitures, and costs, imposed or awarded in &c., to be paid criminal prosecutions, by the supreme judicial court, or superior court, to the use of the commonwealth or any county, or the city of Boston, and all sums found to be due on forfeited recognizances, shall be certified by the clerks of said courts, under the direction of the court, to the sheriff of the county, who alone is authorized to receive them, and he shall, within one month after the receipt thereof, pay the same without deduction to the county treasurer. 1857, 107, § 1. Sheriff suffering escape to pay fine, &c. 1857, 107, § 1. Remedy against sheriff for negover fines, &c. 1857, 107, § 1. lecting to pay Payments to SECT. 10. If a sheriff, having a person in his custody by virtue of the sentence of the court, voluntarily or negligently suffers him to escape, he shall be deemed to have received such fines, forfeitures, forfeited recognizances, and costs, at the time of the escape, and held liable to pay the same, with interest and costs of suit, in like manner as if he had received them. SECT. 11. If a sheriff neglects to make such payment for thirty days, the county treasurer shall sue for and recover of him, in an action of contract, the amount of such fines, forfeitures, forfeited recognizances, and costs, with interest from the time of receiving the same, at the rate of twelve per cent., and costs of suit. SECT. 12. Payment to the jailer, or any deputy-sheriff, of any sums deputy or jailer mentioned in section nine, shall be deemed a legal and valid payment to the sheriff. valid. 1857, 107, § 2. turns. SECT. 13. Every sheriff shall twice in each year, on the first days of semiannual re- January and July, render to the treasurer, to whom said sums are made payable, an account on oath of all sums which he has received during the six months preceding, for fines, forfeitures, forfeited recognizances, and costs, and the names of the persons from whom received, and against whom awarded; and if a sheriff neglects for thirty days to render such account, he shall be liable to a penalty of two hundred dollars, to be sued for and recovered of him in the same manner as is provided in section eleven. SECT. 14. Every county treasurer shall twice in each year transmit to the auditor of accounts an account upon oath, in which he shall charge the commonwealth with two-thirds and no more of all sums taxed for costs or allowed for rewards or compensations to prosecutors by the courts in his county, and duly certified by the clerk, since the last account rendered by him; and for all such sums, the certificate of the clerk shall be a sufficient voucher. He shall also credit in his account the amount of all fines, forfeitures, and costs, received by him to the use of the commonwealth. If he fails so to present his accounts, he shall forfeit two hundred dollars for every ten days' neglect, to be sued for and recovered by the treasurer in an action of contract. SECT. 15. His account shall be audited by the auditor of accounts, and he shall forthwith pay over any balance found due to the treasurer of the commonwealth, and if a balance is found in favor of the county treasurer, it shall upon the warrant of the governor be paid from the treasury of the commonwealth. SECT. 16. He shall annually transmit to the governor and council a governor and council. general account, in which he shall credit to the commonwealth all turns of, to years, other 1847, 274, § 2. SECT. 17. Each county treasurer shall pay over to the persons entitled Costs to be paid thereto all sums taxed for costs in criminal prosecutions, or allowed by brer if demandthe courts as rewards or compensations to prosecutors, and duly certi- ed within three fied by the clerks: provided, that such sums are demanded within three wise, &c. years after the taxing or allowance thereof; and in his general account R. S. 141, § 12. transmitted to the governor and council, and also in his account transmitted to the treasurer of the commonwealth next after his general account, as before provided, he shall credit to the commonwealth all such costs and allowances as have not been demanded within said three years, or credited by him in any former account, and also all fees returned to him by justices of the peace and police courts under section fiftyseven of chapter one hundred and twenty; and for neglect to comply herewith he shall be subject to a penalty of five thousand dollars, to be recovered by the treasurer of the commonwealth in an action of contract. SECTION 1. The governor of this state, in any case authorized by Governor may the constitution and laws of the United States, may, on demand, deliver deliver to execof other over to the executive of any other state or territory any person charged states fugitives therein with treason, felony, or other crime; or may, on application, and may de from justice, appoint an agent to demand of the executive authority of any other mand such fugitives from state or territory any such offender fleeing from the justice of this state: executive of provided, that such demand or application is accompanied by sworn other states. R. S. 142, § 6. evidence that the party charged is a fugitive from justice, and by a duly 1849, 56. attested copy of an indictment, or a duly attested copy of a complaint 1859, 81, made before a court or magistrate authorized to receive the same; such 72 1 livay 362 |