TITLE 51. CORONERS. 461 1798. IN FORCE THREE MONTHS AFTER ITS PASSAGE, open AN ACT concerning Coroners: Approved February 10, 1798.-2 Litt. 69. SEC. 1. Be it enacted by the General Assembly, That every coroner, before he enters upon the duties of his office, shall in court, take the oath of fidelity to the Commonwealth, and the following oath of office, viz. "I, A. B. do swear, that I will well and truly serve the Commonwealth, in the office of a coroner, in this county of and therein will diligently and truly do all things appertaining to my said office, according to the best of my knowledge and power, both for the common weal and the good of the inhabitants within said county, taking such fees only as are by law allowed. So help me God." And before he shall be at liberty to serve any writ of execution, shall moreover in the court of his county, enter into bond with good and sufficient security, payable to [the governor for the time being, and his successors] for the use of the Commonwealth, in the penalty of one thousand pounds, with condition for the true and faithful execution of his office; and if any coroner shall presume to serve any such writ of execution without first taking the said oaths, and entering into bond as by this act is directed, he shall forfeit and pay the sum of five hundred pounds, one half to the use of the informer, and the other half to the use of the Commonwealth; and shall moreover be liable to the same damages, judgment and execution, at the suit of the party grieved, in case of any misdemeanor or breach of duty in the execution thereof, as he would have been subject to in the like case after having been duly qualified to execute his said office. SEC. 2. Upon request made to a coroner to come and enquire upon the view of any person slain, drowned or otherwise, by misadventure or suddenly dead, or where any house is broken, he shall forthwith issue his precept to the sheriff or constable of the county, commanding him to summon at least twelve of the most respectable house-keepers of the vicinage or county, to appear before him at the same place, with all convenient speed. 462 How to taken. be Persons found guilty, how to be dealt with. slain. SEC. 3. And when the said house-keepers come to such place, the coroner, upon the oath of twelve of them, shall enquire in this manner, to wit: If they know where the person was slain, whether it was in any house, field, bed, tavern, or company, and who were there; likewise, it is to be enquired, who were culpable either of the act, or of the force, and who were present, either man or woman, and of what age soever they be, if they can speak, or have any discretion. SEC. 4. And how many soever be found culpable by inquisition, in any of the manners aforesaid, they shall be taken and delivered to the sheriff, and shall be committed to the jail until the next court be holden within the county for the examination of such offender; and the coroner shall have the like power and authority to summon such court, and shall proceed in like manner as a justice of the peace, before whom such criminal might have been charged with such offence, could or ought to do by law. SEC. 5. If it fortune any such man to be slain, which is found in Duty of the the fields or woods, first it is to be enquired whether he were slain jury when any person is found in the same place or not, and if he were brought and laid there, they shall do so much as they can to follow their steps that brought the body thither, whether he were brought upon a horse, or otherwise; it shall be enquired also, if the dead person were known, or else a stranger, and where he lay the night before. Coroner to commit to writ ing the evidence given to jury, and to take the recognizances of witnesses to appear at the court. Where per sons are drowned or suddenly dead. SEC. 6. And every coroner upon any inquisition found before him, whereby any person or persons shall be indicted for murder, or man-slaughter, or as accessory or accessories to the same, before the murder or man-slaughter committed, shall put in writing the effect of the evidence given to the jury before him being material, and the said coroner shall have authority by this act, to bind all such by recognizance or obligation, as to declare any thing material to prove the said murder or man-slaughter, offences or felonies, or to be accessory or accessories to the same, as is aforesaid, to appear at the court to be holden within the county for the examination of such offender or offenders, then and there to give evidence against the party so indicted, at the time of his trial, and shall certify as well the same evidence, as such bond or bonds in writing as he shall take, together with the inquisition or indictment before him taken and found, at or before the time of his said trial thereof, to be had or made to such court. SEC. 7. In like manner it is to be enquired of them that be drowned, or suddenly dead, and after such bodies are to be seen, whether they were so drowned or slain, or strangled by the sign of a cord tied straight about their necks, or about any of their members, or upon any other hurt found upon their bodies, whereupon they shall proceed in the form above said. SEC. 8. And immediately upon these things being enquired, the bodies of such persons being dead or slain, shall be buried. 463 Bodies to be buried. Persons giv wounds to be arrested. 9. If any person be grievously wounded, especially if the wounds be mortal, the party accused shall be taken immediately and kept ing dangerous until it be known perfectly whether he that was hurt shall recover or not, and if he die, the defendant shall be kept, and if he recover health, he shall be attached by pledges according to the danger of the wound. Wounds to described. 10. Also all wounds ought to be viewed, the length, breadth, and deepness, and with what weapons, and in what part of the body the be viewed and wound or hurt is, and how many be culpable, and how many wounds there be, and who gave the wonuds, all which things must be enrolled in the roll of the coroners. Accessories be apprehended and confined. Hue to be levied of mur SEC. 11. Moreover, if any be accused of any act done as principals, they that be accused or accessory shall be attached also, and to safely kept in custody until the principal be attainted or delivered. SEC. 12. If any be suspected of the death of any man being in danger of life, he shall be imprisoned as before is said, in like manner hue shall be levied for all murders and burglaries, and for men slain, or in peril to be slain, and all shall follow the hue and steps, as near as can be, and he that doth not, shall be amerced at the discretion of a jury. SEC. 13. If any be found culpable by inquisition taken in manner directed by this act, and be not present nor in custody, the coroner shall straight issue his warrant to apprehend the person so found culpable, and the accessories, if any, and the person accused, if apprehended, shall straightway be carried before some justice of the county or corporation where such offence was committed, to be dealt with as the law directs. SEC. 14. If any coroner be remiss, and make not inquisition upon a view of the body slain or murdered, or shall not endeavor to do his office upon any person dead by misadventure, or shall not certify the inquisition by him taken in the manner directed by this act, he shall for every such offence forfeit the sum of ninety pounds, to be recovered by action of debt, in any court of record of this Commonwealth, one half thereof to the use of the informer, and the other half to the use of the Commonwealth. SEC. 15. In every case when by reason of a just exception to the sheriff of any county, any writ, of what nature soever the same may be, shall be delivered to the coroner of such county to execute, such coroner shall do and perform all things by virtue of such writ, which the sheriff himself might or ought to have done, had there been no just exception against him, according to the nature of the case; and in case of any neglect or breach of his duty, such coroner shall be subject to the pains and penalties, fines, forfeitures, and damages, and to the same proceedings, judgments and execution, ast ders, &c. Warrants to be issued to apprehendpersons der, &c. guilty of mur Penalty on coroner for neglecting duty. Process, when to be served by the coroner, Coroner subject to the like penalty and fines as sheriffs. When office of coroner, &c. shall be vacant. sheriffs are subject to in like cases. And upon every execution issued against a coroner, upon any judgment against him obtained for breach or neglect of his duty, the clerk shall endorse that "no security is to be taken." SEC. 16. And be it further enacted, That when any coroner or other officer whatsoever, who is appointed agreeable to the constitution and laws of this state, shall reside out of the county for which he was appointed and commissioned, such office shall be considered vacant, and such vacancy shall be filled according to law. 1800. The security of sheriff incapable of holding the office of coroner. IN FORCE FROM ITS PASSAGE. AN ACT to amend an act entitled "An act to amend and reduce into one the several acts establishing a permanent revenue: Approved December 20, 1800; 2 Litt. 415. SEC. 2. And be it further enacted, That any person being the security of a sheriff, shall be incapable of holding the office of a coroner in the same county; and any coroner who shall become the security of a sheriff, shall thereby vacate his office. 1803. IN FORCE THREE MONTHS AFTER ITS PASSAGE. AN ACT to amend and reduce into one the several acts concerning Constables, and authorizing Coroners to summon a jury: Approved December 23, 1803; 3 Litt. 131. SEC. 16. Be it further enacted, That in any case in which an inquisition is required by law to be held by a coroner, it shall be lawful for the coroner to summon the jury for that purpose. 1820. ested, process to and executed IN FORCE FROM ITS PASSAGE. AN ACT to authorize the service of process by Coroners in certain cases: Approved December 13, 1820.-Session Acts, p. 117. SEC. 1. Be it enacted by the General Assembly of the CommonWhere deputy wealth of Kentucky, That in all cases where a deputy sheriff shall sheriff is inter- or may be interested in any suit or process issuing from any circuit to be directed or county court in this Commonwealth, the clerk of such circuit or county court, issuing such process, or before whom such suit may be depending, may, and shall at the request of the adverse party, issue such process to the coroner of the county, to execute in the same manner, and under the same regulations that are now provided by law in cases where the sheriff is interested. by the coroner, if required by adverse party. SEC. 2. All executions issued upon a judgment rendered upon process served by the coroner, shall be directed to and executed by him.(a) TITLE 52. COSTS. 1278. Statute of Gloucester, 6 Edward I. Chap. 1. Several actions wherein damages shall be recovered.-Ruff head's English Statutes at Large, vol. 1, p. 65. WHEREAS heretofore damages were not awarded in assises of novel disseisin, but only against the disseisors: 'it is provided, That if the disseisors do aliene the lands, and have not whereof there may be damages levied, that they to whose hand such tenements shall come, shall be charged with the damages, so that every one shall answer for his time. It is provided also, That the disseisee shall recover damages in a writ of entry, upon novel disseisin against him that is found tenant after the disseisor. vided also, That where before this time damages were not awarded in a plea of mortdauncestor (but in case where the land was recovered against the chief lord) that from henceforth damages shall be awarded in all cases where a man recovereth by assise of mortdauncestor, as before is said in assise of novel disseisin: And likewise damages shall be recovered in writs of cosinage, aiel, and besaiel. It is pro 2. And whereas before time damages were not taxed, but to the value of the issues of the land; it is provided, That the demandant may recover against the tenant the costs of his writ purchased, together with the damages abovesaid. And this act shall hold place in all cases where the party is to recover damages. And every person from henceforth shall be compelled to render damages, where The alienee of a disseisor shall be charged with damages. Damages in mortdauncestor Damages in cosinage, aiel, besaiel. Where dam ages shall be recovered, there costs also. (a) When the coroner served the process upon other sheriff. Tuggle, &c. v. Smith, &c. 6 which a judgment is rendered, the execution upon Mɔn. 77. such judgment must, by the statute, be directed to and execute by hin, not withstanding the cause why the process was directed to or served by him, has ceased by the appointment of an VOL. 1. 1 2 A coroner may convey lands sold by him nd xecution.-Winslow v. Austin, &c. 5 J. J. Mar. 411. 60 |