Page:1887 Compiled Laws of Dakota Territory.pdf/190



Section.

663. Coroner succeeds sheriff, when.

664. Coroner &hall hold inquests, when.

665. Form of warrant for jurors.

666. Completing jury and oath.

667. Witnesses-Contempts.

668. Oath to witnesses.

669. Testimony subscribed.

670. Return by jury-Form.

671. Criminal's name not to be disclosed.

672. Coroner may order arrest-May also issue warrant.

Section.

673. Warrant returnable to justice.

674. Wanant to recite verdict.

675. Return by coroner.

676. Disposition of body-Payment of expenses.

677. Justice may act as coroner, when.

778. Physician may be summoned.

679. Disposition of property on body.

680. Treasurer's duty with property.

681. Money, when and how paid.

682. Statement by coroner.

Coroner suc­ceeds sheriff, when. s. 67, c. 21, Pol. C.

§ 663. When there shall be no sheriff or deputy sheriff in any organized county it shall be the duty of the coroner in such county to exercise all the powers and duties of that office until the same shall be filled as provided by law; and when the sheriff shall be committed to jail or otherwise disqualified the coroner shall be the keeper of t11e jail and perform the duties of sheriff during the continuance thereof. When the sheriff is sued the coroner shall serve the papers on him, and his return on all papers served by him shall have the same credit as the sheriff's return; and he shall receive the same fees as the sheriff for like services.

Coroner shall hold inquest, when. s. 1, c. 55, l881.

§ 664. The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means. When he has notice of the dead body of a per­son supposed to have died by unlawful means, found or being in his county, he is required to issue his warrant to the sheriff or any constable of his county, requiring him to summon forthwith three electors having the qualifications of jurors of the county to appear before the coroner at a time and place named in the war­rant, or when the services of such sheriff or constable cannot be conveniently procured then the coroner may summon said elec­tors from the bystanders.

Form of warrant for jurors. s. 69, c. 21, Pol. C.

§ 665. That warrant may be in substance as follows:

TERRITORY OF DAKOTA,

. . . . . . County.

To the sheriff or any constable of said county: In the name of the people of the territory of Dakota. you are hereby required to summon forthwith three electors having the qualifications of jurors, of your county, to appear before me at (name the place), at (name the day and hour, or say forthwith), then and there to hold an inquest on the dead body of............., there lying, and find by what means he died.

Witness my hand this ........day of. ....... .. 18 ..

A. B., Coroner of. ....... county.

Completing jury and oath. s. 70,c. 21, Pol. C.

§ 666. If any juror fails to appear the coroner shall cause the proper number to be summoned and returned from the bystanders, and immediately proceed to impanel them and administer the following oath, in substance:

You do solemnly swear (or affirm) that you will diligently inquire, and true presentment mo.ke, when, how and by what means the person whose body here lies dead came to his death, according to your knowledge and the evidence given you.

Witness-Con­tempts. s. 71, c. 21, Pol. C.

§ 667. The coroner may issue subpoeas within his county for witnesses, returnable forthwith or at such time and place as be shall direct, and witnesses shall be allowed the same fees as in cases before a justice of the peace, and the coroner has the same authority to enforce attendance of witnesses, and to punish them and jurors for contempt in disobeying his process, as a jus­tice of the peace has when his process issues in behalf of the territory.

Oath to witnesses. s. 72, c.21, Pol. C.

§ 668. An oath shall be administered to the witnesses in substance as follows:

You do solemnly swear that the testimony 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.