discharged on bail, after the commencement of the execution of a judgment of imprisonment, as provided in section 823, must commit him to the proper custody for the remainder of his term of imprisonment.

§ 837. If the judgment be reversed, and the defendant be imprisoned in pursuance of the judgment of the police court, the court of sessions must order him to be discharged.

§ 838. If a new trial be ordered, it must be had in the court of sessions, in the same manner as upon an issue of fact on an indictment; and that court may proceed to judgment and execution, as in an action prosecuted by indictment.

§ 839. If any proceedings be necessary to carry the judgment upon the appeal into effect, they must be had

in the court of sessions.

§ 840. If the judgment on the appeal be against the defendant, he may appeal therefrom to the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner.

§ 841. The judgment of the supreme court upon the appeal, is final.

§ 842. The same proceedings mnst be had, to carry into effect the judgment of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment.

PART VI.

OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.

TITLE I. Of coroner's inquests, and the duties of coroners.
II. Of search warrants.

III. Of the outlawry of persons convicted of treasou.
IV. Of proceedings against fugitives from justice.
V. Of proceedings respecting persons held' to labor
or service, in a state or territory of the United
States, and escaping into this State.

VI. Of proceedings respecting bastards.
VII. Of proceedings respecting vagrants.

VIII. Of proceeding s respecting disorderly persons.
IX. Of proceedings respecting the support of poor
persons.

X. Of proceedings respecting masters, apprentices, and servants.

XI. Of criminal statistics.

XII. Miscellaneous provisions.

TITLE I.

OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS.

SECTION 843. In what cases coroner to summon a jury. Number of jurors to be

summoned.

844. Jury to be sworn.

845. Witnesses to be subpoenaed.

846. Compelling attendance of witnesses, and punishing their diso

bedience.

847. Verdict of the jury.

848. Testimony, how taken and filed.

849. If defendant arrested before inquisition filed, depositions to be

delivered to magistrate, and by him returned.

850. Warrant for arrest of party charged by verdict.

851. Form of warrant.

852. Warrant, how executed.

853. Proceedings of magistrate, on defendant being brought before him.
854. Clerk with whom inquisition is filed, to furnish magistrate with
copy of the same and of testimony returned therewith.
855. Coroner to deliver money or property found, on deceased, to county
treasurer.

856. County treasurer to place money to credit of county; and to sell
other property and place proceeds to credit of county.

857. Money, when and how paid to representatives of deceased.
858. Supervisors to require statement under oath, from coroner, befure
auditing his accounts.

859. In New-York, police justices may perform duties of coroner,
during his inability.

860. Compensation of coroners.

§ 843. When a coroner is informed, that a person has been killed or dangerously wounded by another, or has suddenly died, under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another, by criminal means, or has committed suicide, he must go to the place where the person is, and forth with summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at a specified place, to inquire into the cause of the death or wound.

The revised statutes provide, that "whenever any coroner shall receive notice that any person has been slain, or has suddenly died, or has been dangerously wounded, it shall be the duty of such coroner to go to the place where such person shall be, and forthwith to summon not less than sixteen, nor more than twenty-three persons, qualified by law to serve as jurors, and not exempt from such service, to appear before such coroner forthwith, at such place as he shall appoint, to make inquisition concerning such death or wounding." 2 R. S., 3d ed., 827, sec. 1.

This section varies from these requirements in two respects. In the first place, it restricts the cases in which the coroner is

required to summon a jury, to the case of a person "who has been killed or dangerously wounded by another, or has suddenly died, under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another, by criminal means, or has committed suicide." There seems to be no good reason for requiring an inquest, in any other case than those here mentioned. It is a proceeding of a criminal nature, and so far as the public have an interest in its being held, it may be, with great propriety confined to these cases. A sudden death by any other means, like a death from ordinary disease, does not seem to require the interposition of a public officer.

The other branch of the section, that providing for the summoning of not less than nine nor more than fifteen jurors, is in conformity with Laws of 1847, p. 112, ch. 118, sec. 1.

§ 844. When six or more of the jurors appear, they must be sworn by the coroner to inquire who the person was, and when, where and by what means he came to his death or was wounded, as the case may be, and into the circumstances attending the death or wounding, and to render a true verdict thereon, according to the evidence offered to them, or arising from the inspection of the body.

Same as 2 R. S., 3d ed., 827, sec. 2, as altered by Laws of 1817, p. 112, ch. 118, sec. 2.

§ 845 The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, [CRIM. CODE.]

25

and give a professional opinion as to the cause of the

death or wounding.

Substantially the same as 2 R. S., 3d ed., 827, sec. 3.

§ 846. A witness served with a subpœna may be compelled to attend and testify, or punished by the coroner for disobedience, as upon a subpœna issued by a magistrate, as provided in sections 670 and 681.

Substantially the same as 2 R. S., 3d ed., 827, sec. 4.

§ 847. After inspecting the body, and hearing the testimony, the jury must render their verdict, and certify it by an inquisition in writing, signed by them, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded; and if he were killed or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof.

Substantially the same as 2 R. S., 3d ed., 827, sec. 5.

§ 848. The testimony of the witnesses examined before the coroner's jury, must be reduced to writing by the coroner, or under his direction, and must be forthwith filed by him, with the inquisition, in the office of the clerk of the court of sessions of the county, or of a city court, having power to inquire into the offence by the intervention of a grand jury.

The same in substance as 2 R. S., 3d ed. 828, sec. 6; except, that the provision, that if the party charged be not in custo