dy, the coroner shall have power to issue pr cess for his apprehension, in the same manner as justices of the peace, is omitted. Section 851 provides for the warrant of the coroner, but varies it from that which may be at present issued by that officer, in the manner explained in the note to that section.

$849. If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with the testimony, to the magistrate before whom the defendant is brought, as provided in section 851, who must return it, with the depositions and statement taken before him, in the manner prescribed in section 220.

See note to sec. 851, p. 388.

§ 850. If the jury find that the person was killed or wounded by another, under circumstances not excusable or justifiable, by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisition, and be not in custody, the coroner must issue a warrant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged.

851. The coroner's warrant must be in substantially the following form:

"County of Albany, [or as the case may be.]

"In the name of the people of the state of the NewYork: To any sheriff, constable, marshal, or policeman in this state:

"An inquisition having been this day found by a coroner's jury, before me, stating that A. B. has come to his death, by the act of C. D., by criminal means, [or as the case may be, as found by the inquisition :]

"You are therefore commanded, forthwith to arrest the above named C. D.., and take him before the nearest and most accessible magistrate in this county." "Dated at the city of Albany, [or as the case may be,]

It is provided by the Revised Statutes, that a coroner issuing a warrant of arrest, shall have the same power to examine the defendant, as is possessed by a justice of the peace, and shall in all respects proceed in the like manner. 2 R. S., 3d ed., 828, sec. 7. The more appropriate duty of the coroner seems to be, to ascertain the cause of the death; and although, to prevent any prejudice arising from delay, the Commissioners have retained the provision authorising the coroner to issue a warrant, they think that his jurisdiction over the case should there terminate, and that it should then be delivered over to a magistrate for examination. The form of the warrant, as prescribed in this section, is in conformity with this idea.

§ 852. The coroner's warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information; except, that when served in another county, it need not be endorsed by a magistrate of that county.

§ 853. The magistrate, when the defendant is brought before him, must proceed to examine the charge con

tained in the inquisition, and hold the defendant to answer, or discharge him therefrom, in the same manner, in all respects, as upon a warrant of arrest on an infor

mation.

See sections 187-220, p. 83-103.

§ 854. Upon the arrest of the defendant, the clerk with whom the inquisition is filed, must, without delay, furnish to the magistrate a certified copy of it, and of the testimony returned therewith.

855. The coroner must, within thirty days after an inquest upon a dead body, deliver to the county treasurer, any money or other property which may be found upon the body, unless claimed in the meantime by the legal representatives of the deceased. If he fail to do so, the treasurer may proceed against him for its recovery, by a civil action in the name of the county.

Taken from 2 R. S., 3d ed., 828, sec. 10.

§856. Upon the delivery of money to the treasurer, he must place it to the credit of the county. If it be other property, he must, within thirty days, sell it at public auction, upon reasonable public notice; and must, in like manner, place the proceeds to the credit of the county.

Taken from 2 R. S., 3d ed., 828, sec. 11.

§ 857. If the money in the treasury be demanded within six years, by the legal representatives of the de

ceased, the treasurer must pay it to them, after deducting the fees and expenses of the coroner and of the county, in relation to the matter, or it may be so paid at any time thereafter, upon the order of the board of supervisors.

Taken from 2 R. S., 3d ed., 828, sec. 11.

§ 858. Before auditing and allowing the account of the coroner, the board of supervisors must require from him a statement in writing, of any money or other property found upon persons on whom inquests have been held by him, verified by his oath, to the effect that the statement is true, and that the money or property mentioned in it has been delivered to the legal representatives of the deceased, or to the county treasurer.

Taken from 2 R. S., 3d ed., 828, sec. 12.

$859. In the city of New-York, if the coroner be absent or be unable, for any cause, to attend, the duties imposed by this title may be performed by a police justice, but by no other officer, with the same authority, and subject to the same obligations and penalties as apply to the coroner.

Taken from 2 R. S., 3d ed., 828, sec. 9.

860. The coroner is entitled, for his services, in holding inquests and performing any other duty incidental thereto, to such compensation as may be fixed by the board of supervisors, and can receive for those

services, no other compensation or fees whatever. In the city of New-York, the compensation so fixed must be an annual salary.

Substantially the same as 2 R. S., 3d. ed., 829, sec. 13, except that it is deemed proper to make the office of coroner, in the city of New-York, a salaried office.

TITLE II.

OF SEARCH WARRANTS.

SECTION 861. Search warrant, defined.

862. Upon what grounds it may be issued.

863. It cannot be issued but upon probable cause, supported by affidavit. 864. Before issuing warrant, magistrate must examine, on oath, the complainant and his witnesses, and take their depositions in writing.

865. Depositions, what to contain.

866. Magistrate, when to issue warrant.

867. Form of the warrant.

868. By whom served.

869. Officer may break open door or window, to execute warrant.

870. May break open door or window, to liberate person acting in his aid, or for his own liberation.

871. When warrant may be served in the night time, and direction

therefor.

872. Within what time warrant must be executed and returned.
873. Officer to give receipt for property taken.

874. Property, when delivered to magistrate, how disposed of.

875. Return of warrant, and delivery to magistrate of inventory of pro

perty taken.

876. Magistrate to deliver copy of inventory to the person from whose
possession property is taken, and to applicant for warrant.
877. If grounds for warrant controverted, magistrate to take testimony.
878. Testimony, how taken and authenticated.

879. Property, when to be restored to person from whom it was taken.
880. Depositions, search warrant, return and inventory, to be returned
to court of sessions or city court having jurisdiction of offence.
881. Maliciously and without probable cause procuring search warrant,
a misdemeanor.

882. Peace officer, exceeding his authority, or exercising it with unnecessary severity, guilty of a misdemeanor.

883. If person charged with felony be supposed to have a dangerous weapon, or anything which may be used as evidence of commission of offence, magistrate may direct him to be searched, and the weapon or other thing retained, subject to his order or the order of the court.