ner, during the continuance of the imprisonment of such sheriff, shall have the custody of such jail, and of the prisoners therein, and shall discharge the duties of sheriff until such sheriff is legally discharged out of such custody. (b) SEC. 4. Every Coroner, as soon as he shall be notified of the warrant for dead body of any person supposed to have come to his death jury. by violence or casualty, found or lying within his county, shall make out his warrant, directed to a constable of the district, if there be one, if not, any other constable of the county, requiring him forthwith to summon a jury of good and lawful men of said district, not less than six in all, to appear before such Coroner, at the time and place expressed in his warrant, and to inquire upon view of the body, (naming therein the person, if known, there lying dead,) how, and in what manner, and by whom, he or she came to his or her death. (c) SEC. 5. Hereafter a Coroner's jury shall consist of only six Number and persons. They shall be paid by the State, and shall receive pay of jurors. the same per diem and mileage as jurors of the Circuit Court. (d) Duty of Con SEC. 6. Every constable to whom such warrant shall be delivered or directed, shall forthwith execute the same, and shall s'able. repair to the place where the dead body is at the time mentioned, and make return of the warrant, with his proceedings thereon, to the Coroner who granted the same. (e) SEC. 7. Every constable failing to execute such warrant, or Penalty for to return the same as aforesaid, shall forfeit and pay the sum failure. of five dollars; and every person summoned as a juror aforesaid, who shall fail to appear, without having a reasonable excuse, shall forfeit any sum not exceeding ten dollars; which fines shall be recovered by action of debt, in the name of the State of Florida, before any Justice of the Peace in the proper district, and shall be applied to the use of the county in which recovered. (e) SEC. 8. The Coroner shall administer an oath or affirmation Oath of the to the foreman first in the following manner: "You do sol- foreman of jury. emnly swear, (or affirm,) that you will diligently inquire, and true presentment make, how, and in what manner, and by whom, A B, who here lies dead, came to his death, and you will deliver to me, the Coroner of this county, a true inquest thereof, according to such evidence as shall be laid before you, and according to the best of your knowledge. So help you God." (e) Oath of other SEC. 9. The other jurors shall swear (or affirm) in the following form: "Such oath (or affirmation) as your foreman has jurors. now taken before you on his. part, you and each of you will keep and observe on your respective parts. So help you God." (e) SEC. 19. The jurors being sworn, the Coroner shall give them (8) Sc. 5, Chap. 52, Act of 1845. (e) Sec. 6, Chap. 52, Act of Dec. 29, 1845, as amended by Sec. 1, of Chap. 3116, laws of 1879. (d) Chap. 3116, Act of March 4, 1879. Charge to the jury. Proclamation a charge upon their oaths, to declare of the death of the person, whether he or she died of felony, or mischance or accident, and if of felony who were the principals, and who were accessories, with what instrument he or she was struck or wounded, and so of all prevailing circumstances, which may come by presumption; and if by mischance or accident, whether by the act of man, or whether by hurt, fall, stroke, drowning or otherwise; also to inquire of the persons who, if any, were present, of the friends of the body, his or her relatives and neighbors, whether he or she was killed in the same place where the body was found; and if elsewhere, by whom the body was brought thence, and of all other circumstances relating to said death; and if he or she died of his or her own felony, then to inquire the manner, means, or instruments, and of all other circumstances concerning such death. (e) SEC. 11. The jury being charged shall stand together, and for witnesses. proclamation shall be made, for any person who can give evidence, to draw near, and they shall be heard. (e) Oath of witnesses. Inquisition and returned. SEC. 12. Every Coroner is further empowered to send his warrant for witnesses, to be served by a constable, commanding them to come before him to be examined, and to declare their knowledge concerning the matter in question; such Coroner shall administer an oath or affirmation to them in the following form: "You do solemnly swear (or affirm) that the evidence you shall give to the inquest concerning the death of A B, here lying dead, shall be the truth, the whole truth, and nothing but the truth. So help you God." (e) SEC. 13. The evidence of such witness shall be in writing, testimony to be subscribed by him or her, and if it relate to the trial of any person concerned in the death, the Coroner shall bind such witness or witnesses by recognizances in a reasonable sum for their personal appearance at the next Circuit Court, to be holden within the same county, there to give evidence accordingly, and commit to the common jail of said county any witness or witnesses refusing to enter into such recognizances; and he shall return to the same court such inquisition, written evidence, and recognizances by him taken. (e) Verdict. Report of deceased. SEC. 14. The jury having viewed the body, heard the evidence, and made all the inquiry within their power, shall draw up, and deliver to the Coroner, their verdict upon the death under consideration, in writing, under their hands and seals. (e) SEC. 15. It shall be the duty of the Coroner to require the jury empanelled to examine and make a report, signed and sealed by the said jurors and said Coroner, which shall be returned with the verdict of said jury, giving a minute and particular description of the person deceased, together with the name of the said deceased, if the same can be ascertained, and the amount of money, property, or other valuables found with (e) Secs. 11, 12, 13, 14 and 15, Chap. 52, Act of Dec. 29, 1845. the dead body of said deceased; which amount of money or other property, if there be no person entitled to take charge of the same, shall be placed in the hands of the treasurer of the county in which the said body may be found, and by him paid over to the person or persons authorized to receive the same, if any such person shall call therefor. (ƒ) deceased. SEC. 16. It shall be the duty of the treasurer, if the money Appropriation aforesaid should not be called for within two years from the of money of time of receiving the same, to loan it out at an interest of not less than eight per cent. per annum, to be applied to common schools, equally to be divided among the townships of said county. (f) SEC. 17. It shall be the duty of such Coroner to publish in Description to some public newspaper printed in or nearest to such county, be published. the description and name of the deceased, if the same can be ascertained, and the amount of money, property, or other valuables found in his possession, in cases in which no person entitled thereto shall claim the same. (f) SEC. 18. If any Coroner shall refuse or fail to pay into the Penalty for failhands of the treasurer of any county the money or other ure to pay over prop- money of erty which came into his hands as aforesaid, it shall be, and is deceased. hereby, made the duty of said treasurer to sue for and collect the same in his own name, before any court having competent jurisdiction within the county. (f) SEC. 19. In all inquisitions, when it shall be made to appear How made. to the satisfaction of a jury of inquest that a felony has been committed, it shall be the duty of the Coroner holding such inquest, forthwith, upon the rendition of the verdict, to issue his warrant, to be directed to any lawful officer to execute and return, to apprehend the person or persons suspected of such felony, and bring him, her or them before some Justice of the Peace, to be dealt with according to law. (g) SEC. 20. The jury shall not request the Coroner to summon Jury may rea physician to assist them in their examination, until after the quest attendance of physijury shall have been empanelled and sworn and made an exam- cians if necesination of the body, and then not until they shall come to the sary. conclusion that it is absolutely necessary to have a physician to assist them in their further examination, when it shall be the duty of the Coroner to summon such physician; and no Coroner shall summon a physician until he shall be requested as aforesaid; and if any physician shall otherwise attend said inquest, he shall not be paid by the State therefor, and the jury shall state the fact in their verdict whether or no they Verdict. requested the attendance of a physician, or whether or no a physician accordingly attended, and the name of the physician, a duplicate of which verdict shall be filed in the clerk's office of the Circuit Court of the county where the inquest was held. (h) SEC. 21. The compensation allowed physicians attending of physicians. Secs. 16, 17, 18 and 19, Chap. 52, Act of Dec. 29, 1845. (g) Sec. 2, Chap. 364, Act of Jan. 24, 1851. Compensation Fees of Certificate of Deposit and ap Coroners' inquests, and making post mortem examination, shall be ten dollars, to be paid by the State. (i) SEC. 22. The fees of Coroners shall be as follows: Summoning jury, taking inquisition on dead body and making return thereof, to be paid by the county, three dollars; for any other official service, same allowance as sheriffs: Provided, That unless there shall appear to the satisfaction of the Coroner, after considering the circumstances that may attend the cause of the death, that he has good reason to believe that the same was occasioned by the criminal act or negligence of another, no inquest shall be held, nor shall any compensation for a jury be allowed, the grounds of which opinion shall be included in the order to the constable for summoning a jury. (¿) SEC. 23. Immediately after the holding of any Coroner's inquest in this State, the Coroner or Justice holding such inquest shall make out pay-rolls in duplicate of the jurors and witnesses serving at such inquest, according to blank forms prescribed and furnished by the Comptroller of the State, which said pay-rolls shall contain the names of each juror and witness serving at such inquest, together with the number of days served and the number of miles traveled by each, and shall be signed by each and witnessed. The Coroner or Justice holding the inquest shall certify to the correctness of these payrolls, and deposit them with the Clerk of the Circuit Court of proval of rolls. the county in which such inquest shall be held, and the clerk shall submit them to the board of county commissioners for their approval or disapproval, and if approved by the commissioners one copy of the said pay-roll shall be submitted to the Comptroller for his approval, and the other copy placed on file in the clerk's office; and when the said pay-roll shall be approved by the Comptroller and the clerk notified thereof, he shall issue a certificate under the seal of his office, according to blank forms to be furnished him by the Comptroller, to each juror and witness for the amount due for such service at such inquest, which certificate shall be countersigned by the chairman of the board of county commissioners, and shall be received by the collector of revenue in payment of taxes the same as other juror and witness certificates: Provided, That pay shall not be allowed to more than two witnesses to any single fact to be proven at the inquest where there is not direct conflict of testimony. (j) Certificates to jurors and wit nesser. Certificates receivable for taxes. Limitation as to number of witnesses. Warrant for jury. In the name of the State of Florida, to any Constable of said county: WHEREAS, I have been notified that the dead body of A B is lying at, (describe the place where the body is found,) in said (i) Sec. 1, Chap. 3253, Act of Feb. 28, 1881. (j) Sec. 1, Chap. 3239, Act of March 7, 1881. county, and it is supposed that he came to his death by violence or casualty, you are hereby required to forthwith summon a jury of good and lawful men of said county, not less than six, to appear before me immediately, at the place where said body is lying, in said county, to inquire, upon a view of said body, how and in what manner and by whom he came to his death. Given under my hand and seal this day of SEC. 25. 18 Coroner. [SEAL.] (k) Oath of Jury, to the Foreman. You solemnly swear that you will diligently inquire and true Oath of forepresentment make how and in what manner, and by whom, A man of jury. B, who lies dead, came to his death; and you shall deliver to me, Coroner of this county, a true inquest thereof, according to such evidence as shall be laid before you, and according to your knowledge. So help you God. (1) Oath of the other Jurors. You do solemnly swear that such oath as your foreman hath Other jurors. taken, you and each of you shall well and truly observe and keep on your respective parts. So help you God. SEC. 26. Form of Charge to be given by the Coroner to the Jury. You will, upon your oaths, declare upon the death of A B, Charge to whether he died of felony or mischance, or accident; and if of jurors. felony, who were principals and who were accessories, with what instrument he was struck or wounded, and so of all prevailing circumstances which may come by presumption; and if by mischance or accident, whether by the act of man, and whether by hurt, fall, stroke, drowning or otherwise; also to inquire of the persons, if any, who were present, the finder of the body, his relations or neighbors, if he was killed in the same place where the body was found, and if elsewhere, by whom and how the body was brought thence; and if he died of his own act, to inquire of the manner, means or instrument, and of all the circumstances attending it. (1) , on the day of An inquisition indented and taken for the State of Florida, in the county of A. D., 18 before me, as Coroner, in and for said county, upon the view of the body of A B, then there lying dead, upon the oaths of (here insert the names of the jurors) good and lawful men of the said county, who, being sworn and charged to inquire how (2) Sec. 1, Chap. 12, Act of March 6, 1945, as amended by Chap. 3116, Act of March 4, 1879. (1) Sec. 1, Chap. 12, Act of March 6, 1845. for murder. |