oner, or he shall forfeit the sum of ten dollars; and every person summoned as a juror, neglecting to attend at the time and place appointed, without reasonable excuse, shall forfeit and pay the sum of seven dollars, to be recovered in an action of debt in the name of the coroner or the county, and for the use of the county.2

3. The coroner shall administer to the jurors, who appear in view of the body, the following oath: You solemnly swear that you will diligently inquire and true presentment make on behalf of this State, how, when, and in what manner, the person whose body here lies dead, came to his death, and you shall return to me a true inquest thereof according to your knowledge and the evidence laid before you. So help you, God.

4. If the six jurors summoned do not appear as commanded, the coroner may require the constable or any other person he appoints, to return jurors from the bystanders to complete the number.*

5. The coroner may issue subpoenas for witnesses to be served as in other cases, and shall administer to them an oath, as follows: You solemnly swear, that the evidence 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."

6. The evidence of all the witnesses shall be in writing, and signed by them; and if it relates to the trial of any person concerned in the death, the coroner shall bind such witnesses by recognizance, in a reasonable sum, for their personal appearance at the next supreme judicial court to be held in the same county, to give their testimony accordingly; and if they do not so recognize, he shall commit them to prison, and return to the same court the inquisition, written evidence, and recognizance by him. taken.

7. After the coroner has sworn the jurors, he shall charge them to declare whether the person died by felony, mischance, or accident; if by felony, who were principals and accessories; the instrument employed, and all important circumstances; if by mischance, or by his

2R. S. c. 139, § 2.-3 R. S. c. 139, § 3.-4 R. S. c. 139, § 4.-5 R. S. c. 139, § 5R. S. c. 133, § 6.

own hand, in what manner, and all attending circumstances; and make proclamation for all persons who can give any evidence, to draw near and be sworn."

8. The jury, after examining the body, hearing the evidence and making all useful inquiries, shall draw up and deliver to the coroner, their verdict in writing under their hands and seals, in substance as follows:

--

An inquisition held at -, within the county of, the day of, in the year -before S. F., one of the coroners of said county, upon view of the body of there lying dead, by the oaths of good and lawful men, who, being charged and sworn to inquire for the State, when, how, and by what means the said came to his death, upon their oaths say: [then insert how, when, and by what means, and with what instrument he was killed. In testimony whereof the said coroner and the jurors of the inquest have hereunto set their hands and seals the day and year above-said.8

9. If any person, charged by the inquest with causing the death of such person, is not then in custody, the coroner shall have the same power, as a trial justice, to issue a warrant for his apprehension, to be returned before any judge or trial justice, who shall proceed therein according to law.

10. Every coroner within his county, after the return of an inquisition of the jury upon view of the dead body of a stranger, shall bury the body in a decent manner; and all the expenses attending the burial and the expenses of the inquisition, shall be paid to the coroner out of the State treasury, if the coroner certifies, under oath, that the deceased was a stranger, not belonging to the State, according to his best knowledge and belief; otherwise, the expenses of burial shall be paid to the coroner by the town where the body was found, and repaid to such town by the town to which he belonged in the State; and the expense of the inquisition by the county.10

11. The coroner, whether an inquest is held or not, jurors, witnesses, and any other person required to summon jurors or witnesses, shall be allowed, in addition to the regular fees, a sum sufficient to make a reasonable compensation for all their services and expenses; and the coroner shall pay to the party giving him notice that a dead body has been found, and to the person who

7 R. S. c. 139, § 7.-8 R. S. c. 139, § 8.-R. S. c. 139, § 9.-10 R. S. c. 139, § 10.

picked up such dead body, and to the person who has had the care of such body till taken charge of by him, a suitable compensation, which shall be reimbursed as for personal services.11

(a) FORMS TO BE USED IN INQUISITIONS.

1. Return on warrant.

[Name of county], ss., [date]. By virtue of the within warrant, 1 have summoned [here name the persons], all good and lawful men, of the town of, to appear before, coroner, within named, at the time and place, and for the purposes specified in the within warrant. A. B., Constable of

2. Subpoena for witnesses. [Name of county], ss.

To R. T., of -, &c.

GREETING.

[L. S. You are hereby required, in the name of the State of Maine, to make your appearance before me, S. F., a coroner in and for the county of, at the dwelling-house of in, in said county, at — o'clock in the noon, to give evidence of what you know concerning the death of ―, there lying dead. Hereof fail not, as you will answer your default under the pains and penalty of the law in that behalf made and provided. Dated at -the day of

- A. D.-.

S. F., Coroner of the county of

The return of service of the above is similar to the return on a subpoena for witnesses in criminal prosecutions.

3. Charge of coroner to jury.

;

Ye good and lawful men of the town of —, in the county of —, who have been summoned to appear before me, one of the coroners of the county of, to inquire upon and view the body of -, now lying dead before you, I charge to declare whether the said died by felony, mischance, or accident; if by felony, who were principals, and who accessories; the instrument employed, and all important circumstances; if by mischance, or by his own hand, in what manner, and all attending circumstances.

4. Proclamation by coroner for witnesses.

All persons who can give any evidence concerning the death of -, now lying dead, are commanded to draw near and be

sworn.

11 R. S. c. 139, § 11.

CHAPTER XLVIII.

FUGITIVES FROM JUSTICE.

FUGITIVES FROM JUSTICE IN THIS STATE.

1. In any case, authorized by the constitution and laws of the United States, the governor may appoint an agent to demand and receive of the executive authority of any other State, any fugitive from justice charged with any crime in this State; and the accounts of such agent shall be audited and paid, by order of the governor and council, from the treasury.1

2. He may offer and pay a suitable reward, not exceeding one thousand dollars, to any person, who, by reason of such offer, arrests, brings back, and secures any prisoner escaping from prison in this State, convicted or charged with any capital crime or other high offense; or any person who has committed such offense and is not arrested therefor, when he cannot be arrested and secured in the ordinary course of proceedings; and with advice of council, may draw his warrant on the treasurer for the payment thereof.2

FUGITIVES FROM JUSTICE IN OTHER STATES.

3. When such demand as is mentioned in section four is made on the governor of this State, and he is satisfied, on examination of the grounds thereof, that it is according to law and ought to be granted, he shall issue his warrant, under the seal of the State, authorizing the agent making the demand, at his own expense, to take and transport such fugitive to the line of the State at the time designated in the warrant, and shall therein require the civil officers of the State to afford all needful aid in its execution.3

4. When any such fugitive from justice in another State is found in this State, any court or magistrate

1 R. S. c. 138, § 4.-2 R. S. c. 138, § 5.-8 R. S. c. 138, § 6.

authorized to issue warrants in criminal cases, on complaint under oath, setting forth the offense and other facts necessary to bring the case within the provisions of law, may grant a warrant and have the accused arrested for examination as in other cases.*

5. On such examination, if the court or magistrate believes that the complaint is true, and that the accused can lawfully be demanded of the governor, the case shall be adjourned long enough to obtain an executive warrant; and if the offense is bailable, the accused may recognize with sufficient sureties to appear at the adjournment; and if he does not so recognize, or the offense is not bailable, he shall be committed; and if any such recognizance is forfeited, the same proceedings shall be had as in case of other recognizances.

6. If the accusel appears at the adjournment, he shall be discharged, unless some person is authorized to receive him by an executive warrant, or another adjournment is ordered for sufficient cause, and in that case the same proceedings shall be had as at the first adjournment; but nothing in this, and the two preceding sections, shall prevent the arrest of any accused by an executive warrant, and such arrest shall discharge any such existing recog nizance."

7. The complainant shall be answerable in all such cases for the actual costs and charges, and the support in prison of the accused when committed, to be paid as a creditor pays for his debtor committed on execution; and if his support in prison is not so paid, the jailer may discharge the accused as if he were committed on execution for debt."

(a) FORMS OF COMPLAINT FOR FUGITIVES FROM

1. Complaint.

[Name of county], ss.

JUSTICE.

STATE OF MAINE.

To J. S. H., esquire, a trial justice in and for the county of -. J. B., of, &c., on oath complains, that, heretofore, to wit, on in the city of New York, within the county and State of New

R. S. c. 138, § 7.-5 R. S. c. 138, § 8.-6 R. S. c. 138, § 9.-7 R. S. c. 138, § 10