AN ACT to revise the law in relation to coroners. [Approved Feb. 6, 1874. In force July 1, 1874.] 1. Commission. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every coroner shall be commissioned by the governor, but no commission shall issue except upon the certificate of the county clerk of the proper county of the due election or appointment of such coroner, and that he has filed his bond and taken the oath of office as hereinafter provided. [R. S. 1845, p. 514, 1. See Const. art. 10, 8. 2. Bond. § 2. Before entering upon the duties of his office, he shall give bond, with two or more sufficient sureties, to be approved by the judge of the county court of his county, in the penal sum of $5,000 (except that the bond of the coroner of Cook county shall be in the penal sum of $15,000), payable to the people of the State of Illinois, conditioned that he will faithfully discharge all the duties required or to be required of him by law as such coroner or as sheriff of the county, in case he shall act as such; which bond shall be entered at large upon the records of the county court and filed in the office of the county clerk of his county. [See Official Bonds," ch. 103, § 4; R. S. 1845, p. 514, 2, 3. 3. Oath. § 3. He shall also, before entering upon the duties of his office, take and subscribe the oath or affirmation prescribed by section 25, article 5 of the constitution, which shall be filed in the office of the county clerk of his county. [R. S. 1845, p. 514, SS 2, 3. 4. Failing to give bond or take oath. § 4. If any such person elected or appointed to the office of coroner of any county shall fail to give bond, or take the oath required of him, within twenty days after he is appointed or declared elected, the office shall be deemed vacant. [R. S. 1845, p. 514, § 4. CHAP. 31. 5. Copies of bond evidence. § 5. Copies of such bond, certified by the county clerk, or of the said record thereof certified by the clerk of the county court, shall be received as evidence. [R. S. 1845, P. 514. § 3. 6. Conservator of the peace. § 6. Each coroner shall be conservator of the peace in his county, and, in the performance of his duties as such, shall have the same power as the sheriff. [R. S. 1845, p. 515. $6. 7. When coroner to act as sheriff. § 7. When it appears from the papers in a case that the sheriff or his deputy is a party [*282] thereto, or from affidavit filed that he is interested therein, or is of kin, or partial to or prejudiced against either party, the summons, execution or other process may be directed to the coroner, who shall perform all the duties in relation thereto, and attend to the suit in like manner as if he were sheriff; and the interests, consanguinity, partiality or prejudice of the sheriff shall not be cause for a change of venue. R. S. 1845, P. 517, § 18; Woods v. Gilson, 17 Ill. 218; [See "Practice," ch. 110, § 1; Cook v. City of Chicago, 57 Ill. 268. 8. When constable to act for coroner. § 8. If there is no coroner, or it shall appear in like manner that he is also a party to or interested in the suit, or of kin, or partial to or prejudiced against either party, process may in like manner issue to any constable in the county, who shall perform like duties as required of the coroner. [R. S. 1845, P. 517, § 18. coroner to act. 9. Where 9. Sheriff's office vacant the office of the sheriff is vacant, the coroner of the county shall perform all the duties required by law to be performed by the sheriff, and have the same powers, and be liable to the same penalties and proceedings as if he were sheriff, until another sheriff is elected or appointed and quali fied. [R. S. 1845, P. 517, § 18; Reed v. Reber, 62 Ill. 240; Greenup v. Stoker, 12 Ill. 24. INQUESTS. 10. To take charge of body -jury. 10. Every coroner, whenever, and as soon as he knows, or is informed that the dead body of any person is found, or lying within his county, supposed to have come to his or her death by violence, casualty or any undue means, he shall repair to the place where the dead body is, and take charge of the same, and forthwith summon a jury of six good and lawful men of the neighborhood where the body is found or lying to assemble at the place where the body is, at such time as he shall direct, and upon a view of the body, to inquire into the cause and manner of the death. [As amended by act L. 1879, p. 82. approved May 31, 1879; in force July 1, 1879. 11. Bystanders. II. If a sufficient number of jurors so summoned do not attend, the coroner shall summon others from among the bystanders to make up the jury. [R. S. 1845, P. 517, § 19. 12. Penalties against jurors. 12. Whoever, being so summoned as a juror, fails or refuses, without good cause, to attend at the time and place required, or appearing, refuses to act as such juror, or misbehaves while acting as such juror, shall, on complaint of the coroner before any justice of the peace in the county, be fined not less than three nor more than twenty dollars. [R. S. 1845, p. 517, § 19. 13. Oath of jurors. § 13. When the jury are assembled, the coroner shall appoint one of the number as foreman, and, in view of the body, administer to him an oath or affirmation, in the following form, to wit: You, as foreman to this inquest, do solemnly swear (or affirm, as the case may require), that you will diligently inquire, and true presentment make, how, and in what manner, and by whom or what, the body which here lies dead came to its death; and that you will deliver to me, the coroner of this county, a true inquest thereof, according to such evidence as shall be given you, and according to the best of your knowledge and belief; so help you God. And to the other jurors, one as follows, to wit: The same oath which A B, your foreman, has just now taken on his part, you and each of you do solemnly swear (or affirm, as the case may require), to keep on your respective parts; so help you God. [R. S. 1845, p. 518, § 20. 14. Duty of jurors. § 14. It shall be the duty of the jurors, as sworn aforesaid, to inquire how, in what manner, and by whom or what, the said dead body came to its death, and of all other facts of and concerning the same, together with all material circumstances in any wise related to or connected with the said death, and make up and sign a verdict, and deliver the same to the coroner. [R. S. 1845, p. 518, § 20. 15. Summoning and compelling attendance of witnesses- - oath. 15. The coroner shall have power to summon, or cause to be summoned, and compel the attendance of all such witnesses whose testimony may probably be requisite to the proving of any fact or circumstance relating to the object of such his inquest, and to administer to such witnesses the proper oath. [R. S. 1845, p. 518, § 21. 16. Recognizance of witness. § 16. If the evidence of any witness shall implicate any person as the unlawful slayer of the [* 283] person over whom the said inquisition shall be held, the coroner shall recognize such witness in such sum as he may think proper, to be, and appear at the next term of the circuit court for the said county, there to give evidence of the matter in question, and not depart without leave, except that in the county of Cook the recognizance shall be to the criminal court of Cook county. [R. S. 1845, p. 518, § 21. 17. Commitment of witness-returns. § 17. If any witness shall refuse to enter into such recognizance, it shall be the duty of the coroner to commit the witness so refusing to the common jail of the county, there to remain until the next term of the said court; and the coroner shall carefully seal up and return to the clerk of the court the verdict of the jury, and the recognizances, and it shall be the duty of the clerk to carefully file and preserve the same. [R. S. 1845, p. 518, § 21. 18. Testimony reduced to writing, etc. 18. The coroner shall cause the testimony of each witness, who may be sworn and examined at any inquest, to be written out and signed by said witness, together with his occupation and place of residence, which testimony CHAP. 31. shall be filed with said coroner, in his office, and carefully preserved. [L. 1869, p. 104, 2. 19. Inquest record. 19. Every coroner shall, at the expense of the county, be supplied with proper record books, wherein he shall enter the name, if known, of each person upon whose body an inquest shall be held, together with the names of the jurors comprising the jury, the names, residences and occupations of the witnesses who are sworn and examined, and the verdict of the jury; in case the name of the person deceased is not known, the coroner shall make out a description of said person, and enter the same upon the record book to be so kept by him, together with all such facts and circumstances attending the death which may be known, and which may lead to the identification of the person; and shall carefully take an inventory of said person's personal effects and property of every kind and nature whatever, and state on his records what has been done with the same, and where the proceeds of any such [L. 1869, p. property and the money and papers, if any, are deposited. 104, § I. 20. Disposition of property, etc. 20. When any valuable personal property, money or papers, are found upon or near the body upon which an inquest is held, the coroner shall take charge of the same and deliver the same to those entitled to its care or possession; but if not claimed, or if the same shall be necessary to defray the expenses of the burial, the coroner shall, after giving ten days' notice of the time and place of sale, sell such property, and after deducting coroner's fees and funeral expenses, deposit the proceeds thereof, and the money and papers so found, with the county treasurer, taking his receipt therefor, there to remain subject to the order of the legal representatives of the deceased, if claimed within five years thereafter, or if not claimed within that time, to vest in the county. [R. S. 1845, p. 518, 23. 21. Disposition of body-burial. § 21. After the inquisition the coroner may deliver the body of the deceased to his friends, if there be any, but if not, he shall cause him to be decently buried, the expenses to be paid from the property of the deceased, if there is sufficient, if not, by the county. [R. S. 1845, p. 518, 23. 22. Liability of railroads, etc., for burial expenses. 22. When any railroad company, stage or any steamboat, propeller or other vessel engaged in whole or in part in carrying passengers for hire, brings the dead body of any person into this State, or any person dies upon any railroad car or any such stage, steamboat, propeller or other vessel in this State, or any person is killed by cars or machinery of any railroad company, or by accident thereto, or by accident to or upon any such stage, steamboat, propeller, or other vessel, or by accident to, in or about any mine, mill or manufactory, the company or person owning or operating such cars, machinery, stage, steamboat, propeller or other vespay the expenses sel, mine, mill or manufactory shall be liable to of the coroner's inquest upon and burial of the deceased, and [*284] the same may be recovered in the name of the county in any court of competent jurisdiction. [L. 1855, P. 170, §§ 1, 2, 3. This section held to be unconstitutional. O. & M. Ry. 23. Arrest and committal of slayer, etc. 23. If a person implicated by the inquest as the unlawful slayer of the deceased, or as accessory thereto, is not in custody therefor, the coroner shall apprehend and commit, or cause to be apprehended and committed to the county jail such person, there to remain until discharged by due course of law. [R. S. 1845, p. 518, § 22. 24. When justice to act as coroner. 24. In the absence of the coroner, any justice of the peace of the county knowing or being informed of the finding of the dead body of any person, as aforesaid, shall have the like powers and discharge the same duties as are herein imposed upon the coroner, and shall be entitled to the same fees as the coroner for like services. [R. S. 1845, p. 519, $ 24. [ 25, repeal, omitted. See " Statutes," ch, 131, § 5. AN ACT allowing coroners to appoint deputies and to prescribe their duties. [Approved May 26, 1881. In force July 1, 1881. L. 1881, p. 63. *25. May appoint deputies. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That each coroner may appoint one or more deputies, not exceeding the number allowed by rule of the circuit court of his county, and take bond or security from the same for his indemnity. Such appointment shall be in writing and signed by the coroner, and their compensation shall be determined by the county board. *26. Deputy to take oath. 2. Each deputy shall, before entering upon the duties of his office, take and subscribe an oath or affirmation, in like form as required of coroners, which shall be filed in the office of the county clerk. *27. Duties of deputy. § 3. Deputy coroners, duly appointed and qualified, may perform any and all the duties of the coroner in the name of the coroner, and the acts of such deputies shall be held to be acts of the coroner. |