what manner A. B. who lies here dead, came to his death, 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 Coroners' a charge upon their oaths, to declare of the death of the charge to Jury. 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 Coroner to warrant for witnesses, commanding them to come before him, to be examined, and to declare their knowledge concerning the matter in question; and he shall administer an oath to dence in writ, them in form following: summon witnesses and swear them, and take evi ing. You solemnly swear, that the evidence which you shall Form of oath. give 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. The evidence of such witnesses shall be in writing subscribed by them: and if they relate to the trial of any per- May recognise son concerned in the death, then shall the Coroner bind case, &c. such witnesses by recognisance in a reasonable sum for their personal appearance at the next Supreme Judicial Court, to be holden within or for the same county, there to give evidence accordingly; and commit to the common gaol of the county such witness or witnesses as shall refuse to recognise as aforesaid; and shall return to the same Court the inqui sition, written evidence and recognisance by him taken. Jury to deliver And the Jury having viewed the body, heard the evidence, and made all 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: verdict to Cor oner. Form of ver cases. SS. within the An inquisition taken at B dict, in divers said county of S― the day of - in the year of our Lord before W. G. gentleman, one of the Coroners of the said county of Supon the view of the body of A. B. there lying 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 afore- certain cases tice of the whereof the said Coroner and Jurors to this inquisition have set their hands and seals, the day and year abovesaid. And Coroner in upon an inquisition found before any Coroner of the death to notify Jus of any person, by the felony or misfortune of another, he Peace. 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. SEC. 3. Be it further enacted, That every Coroner with- Coroners to in the county for which he is appointed, shall, after the re- bury deceas ed, and expenturn of an inquisition of the Jury, upon the view of a dead ses how paid. body 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 Legislature, 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 said 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. &c. in cases SEC. 4. Be it further enacted, That Coroners be, and they Coroners may hereby are authorized and empowered to make service and serve writs, return of all writs and processes to them duly directed, in where their which towns or plantations of which they are inhabitants, are parties or are parties or interested, any law, usage or custom to the interested. contrary notwithstanding. [Approved March 19, 1821.] own towns 414 Proceedings of all Coroners confirmed. CORONERS....ATTACHMENT AND DISTRESS. CHAPTER XCIV. An Act rendering valid the Doings and Acts of Coroners in certain cases. Be it enacted by the Senate and House of Repre sentatives, 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 therein." [Approved March 17, 1821.] -00 Enumeration execution and distress. 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 Repre of articles ex-sentatives, in Legislature assembled, That the wearing apempted from attachment, parel, beds, 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 provided 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.] CHAPTER XCVI. An Act for the further relief of poor Prisoners committed by Execution for debt. creditor is Be it enacted by the Senate and House of Repre- If Judgment sentatives, in Legislature assembled, That whenever any poor 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 served upon such attorney in the same manner and within the same time as notice is to be served in other on the attor notice served cases by law, shall be good and effectual to all intents and ney of record. purposes, as the same would be if duly served upon the judgment creditor if living. [Approved June 27, 1820.] -00 CHAPTER XCVII. An Act to direct the Time and Manner of exhibiting the Accounts of County taxes, SEC. 1. BE it enacted by the Senate and House of Repre- Courts of Sessentatives, in Legislature assembled That the respective Courts sions to prepare estimates of Sessions in the several counties of this State, at the of county terms of 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 appertenances, with the debts due and owed by the said counties respectively; and the said estimates being so made and approved by the said Courts, shall be recorded by the respective Clerks in a book for that purpose to be provided |