able by such court when committed within this state, he shall be committed to prison, and there detained until the day appointed for his appearance before such court, but in such case the said person shall be bailable in the same manner as he would be if such offence had been committed in this state.

SEC. 6. If the person so recognized or committed shall appear before such court upon the day appointed, he shall be discharged, unless he shall be demanded by some person authorized by a warrant of the executive to receive him: Provided, that whether such person so charged be recognized, committed, or discharged, any person authorized by a warrant from the executive of this state may at all times take him in custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.

SEC. 7. No warrant shall be issued in pursuance of the provisions of the first section of this chapter until the complainant shall have given recognizance with surety, in such sum as the court shall approve and direct, to pay all the costs that may accrue thereon, including the board of the person complained of, if committed to jail; nor shall any such warrant supersede any arrest, either on civil or criminal process theretofore made, nor shall any arrest, either on civil or criminal process theretofore made, supersede any arrest made on any such warrant, or on any warrant issued by the executive of this state in such cases.

SEC. 8. Sheriffs, deputy sheriffs, constables, and other officers of the adjoining states, with their assistants, in the legal execution of any writ, warrant, or other process issuing from and returnable to courts in their respective states, shall have full liberty, power, and authority to pass and repass, and also to convey such persons or things as they may legally have in their custody by virtue of any writ or warrant, in or by any of the roads or ways lying in or leading through any of the towns or lands of this state, in as full, free, and ample manner as the officers of justice of this state do use and exercise in the discharge of their duty and office.

SEC. 9. Every person who shall obstruct any such officer of any of the United States in such execution of his office, while he is passing through any of the lands or roads of this state, shall be subject to the same pains and penalties as persons would by law be subject to for obstructing similar officers of justice of this state in the due execution of their office.

SECTION 1. The town councils of the several towns, and the city Coroners, how councils of the several cities, shall respectively elect as many coroners elected. for their respective towns and cities as they shall deem proper. If no election is made as aforesaid as is herein provided, justices of the peace shall be coroners throughout the towns in which they dwell.

SEC. 2. The coroners so elected shall have exclusive jurisdiction as Jurisdiction of. coroners within their respective towns and cities.

how.

SEC. 3. Every coroner, as soon as he shall be informed that the When to make body of any person, supposed to have come to his death by violence inquest, and or casualty, has been found within his town, may, and in case that any prisoner in the state prison, or in any one of the state jails, has deceased while so imprisoned, shall issue his warrant to the sheriff or to either of his deputies, or to either of the town sergeants or constables within the county, requiring him to summon a jury of six good and lawful men of the same town, to inquire into the cause of the death of such person.

SEC. 4. Every officer failing to execute such warrant shall forfeit ten dollars; and every person summoned as a juror as aforesaid, who shall fail to appear, or to render to such coroner reasonable excuse therefor, shall forfeit five dollars; which forfeitures shall be sued for and recovered by the town treasurer, for the use of such town, in an action of debt.

SEC. 5. Whenever, from any cause, any of the jurors summoned shall not appear, or appearing shall be excused by the coroner from serving on such jury, the coroner may issue another warrant to supply the deficiency.

manner

SEC. 6. The coroner shall swear six jurors, and shall give the foreman by him appointed his oath upon view of the body, in form following: "You solemnly swear, that you will diligently inquire and true presentment make, in behalf of this state, how and in what who lies here dead, came to his or her death; and you shall deliver to me, one of the coroners of the town of a true inquest thereof, according to such evidence as shall be laid before you: so help you God." He shall then swear the other jurors in form following: "The same oath which your foreman has taken, you and each of you will well and truly observe and keep: so help you God."

in the county of

Penalty upon officers and jurors, for neg lect of coroner's warrant.

Of procuring

additional

jurors.

Oath of jurors,

where given,

and form of.

inquiry.

SEC. 7. The jurors being sworn, in view of the body, the coroner of coroner's shall give them a charge, upon their oaths to declare of the death of charge to jury the person, whether he died of felony, of misfortune, or of accident; as to nature of and, if of felony, by whose, and who were principals and who were accessories thereto, and of all material circumstances connected therewith; and if he died by mischance or accident, whether by the act of any person, or by hurt, fall, stroke, drowning, or otherwise; to inquire of the persons who were present, the finders of the body, his

Of proclamation for summons of, and swearing wit nesses by coro

ner, and form of oath.

relations and neighbors, whether he was killed in the same place he was found, and, if elsewhere, by whom, and in what manner he was brought from thence, and of all the circumstances relating to such death.

SEC. 8. The jury being charged, shall stand together, and the coroner shall cause proclamation to be made for all persons who can give evidence how and in what manner the person, then and there lying dead, came to his death, to draw near and they shall be heard; and every coroner is further empowered to summon, and, if necessary, to grant compulsory process for the appearance of witnesses, and to administer an oath to them in form following: You solemnly swear (or affirm) that the evidence which you shall give to this inquest concerning the death of here lying dead, shall be the truth, the whole truth, and nothing but truth: so help you God; (or, this affirmation you make and give on peril of the penalty of perjury.) Testimony of SEC. 9. The testimony of each witness shall be drawn up in writwitnesses, how taken and sub-ing and subscribed by him, and if any witness charge any person with killing, or of being in any way instrumental in the death of a person so found dead, the coroner shall bind such witness by recognizance and in a reasonable sum, for his personal appearance at the next supreme court or court of common pleas, to be holden within and for the same county, then to give evidence accordingly; and if any such witness shall refuse to recognize as aforesaid, the coroner shall and may commit such witness to the jail of the county, there to remain until he shall recognize or be otherwise discharged according to law.

scribed; witnesses, when to be recognized.

Verdict, how taken, sealed, and returned.

Duty of coroner to complain, if

death caused by crime of another.

Form of inquisition.

SEC. 10. The jury having viewed the body, heard the evidence, and made all the inquiry within their power, shall draw up and deliver unto the coroner their verdict upon the death under their consideration, in writing, under their hands, and the coroner shall set his hand thereto; and shall return to the next supreme court or court of common pleas holden in the county the inquisition, written evidence, and recognizances, if any, by him taken.

SEC. 11. Upon an inquisition found before any coroner, of the death of any person by felony or misfortune, he shall immediately make a complaint thereof, in writing and on oath, to some justice of the peace in the same county, to the intent that the person killing, or being in any way instrumental to the death, may be apprehended, examined, and secured for trial.

SEC. 12. The following shall be the form of the inquisition to be taken as aforesaid:

there lying dead, by the oaths of six good and lawful men; who,
being sworn and charged to inquire, for the said state, when, how,
and by what means, the said
came to his death, upon
their oaths do say: (then insert how, where, when, and by what
means, he was killed, and if it appears that he was murdered by a
person known, then the inquisition shall be concluded thus:) "And
so the jurors aforesaid, upon their oaths aforesaid, do say, that the
said
in manner and form aforesaid, of his malice afore-
thought, the said
did kill and murder, against the
peace and dignity of this state." If it appear that he committed suicide,

then the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say that the said

in manner and form aforesaid, then and there voluntarily killed himself."

If it appears that the death was by misfortune, the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said in manner aforesaid, came to his death by misfortune." If the death was occasioned innocently, by the hands of any other person, the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said by misfortune, and contrary to the will of the in manner and form aforesaid, the said

said

did kill and slay." In witness whereof, the said jurors have hereunto set their hands, the day and year aforesaid.

In witness of all the before written, the said coroner hath hereunto set his hand the day and year aforesaid.

SEC. 13. Coroners may, upon petition to them under oath, setting of disinterment forth that the death of any person has been caused by unlawful of bodies, for means, in their discretion, cause the body of such person to be disin- post mortem terred for the purpose of post mortem examination.

examination.

TITLE XXXII.

OF FINES, PENALTIES, FORFEITURES, AND OF IMPRISON-
MENT.

CHAPTER 239. Of fines, penalties, and forfeitures.

CHAPTER 240. Of jails, and of the care and discipline of jails.
CHAPTER 241. Of the reform school in the city of Providence.
CHAPTER 242. Of the state prison, its officers and discipline.

CHAPTER 243. Of state charities and corrections.

CHAPTER 244. Of board of female visitors to institutions where women are imprisoned.

SECTION

12. Of costs of prosecution for.
13. Complainant's costs included in
forfeited recognizance recovered,
how to be audited and paid.
14. Personal property forfeited, how
may be seized.

15. Of complaint or information for
forfeiture of.

16. Of issue of warrant in case of.

17. Of notice of complaint or informa-
tion for.

SECTION

18. Forfeited property, when and how may be sold.

19. When may be delivered to claimant on appraisal.

20. Case for forfeiture of, how tried. 21. Appeal from judgment, &c., of forfeiture.

22. Finality of judgment of common pleas upon.

23. Of costs in case of reasonable cause of seizure.

Fines, penal

ties, and forfeitures, by what process recovered.

Process for, in what county brought.

To whose use recovered.

In what courts prosecuted.

Of allegation

of time, in ac

SECTION 1. Unless otherwise specially provided, all fines of twenty dollars and under shall be recovered by complaint and warrant; all fines of upwards of twenty dollars, by indictment; all penalties and pecuniary forfeitures, by action of debt; and all forfeitures of personal property, by complaint and warrant, or by information.

SEC. 2. All complaints and warrants, indictments, actions, and informations, founded on any penal statute, shall be brought within the county in which the offence was committed, and not elsewhere.

SEC. 3. Unless otherwise specially provided, all fines recovered shall be to the use of the state; and all penalties and pecuniary forfeitures, one half to the use of the state, and the other half to the use of him who shall sue for the same; all forfeitures of personal property shall be disposed of as by law shall be provided.

SEC. 4. All fines, penalties, and forfeitures, whether of money or property, of twenty dollars and under, or of the value of twenty dollars and under, shall be prosecuted before a justice court; if upwards of twenty dollars in amount or value, before the court of common pleas, unless otherwise specially provided.

SEC. 5. Whenever any penalty shall be imposed for neglect durtion for neglect. ing any period of time, such neglect may be alleged to have commenced at any specified time, and shall be reckoned from the time so specified.

Judge of town

sit upon.

SEC. 6. In actions for the recovery of any penalty or forfeiture entitled to, may before any court, it shall be no cause of exception that any member of the court resides, or has property in the town in which the offence was committed, or that the penalty, or any part thereof, is recoverable to the use of the town.

SEC. 7. The defendant to an action for a penalty may plead the general issue, and under it give any special matter in evidence.

SEC. 8. All suits or prosecutions founded upon any penal statute, which are wholly or in part for the use of the prosecutor, shall be brought within one year, and all other suits and prosecutions on such statute, within two years after the commission of the offence, unless otherwise specially provided.

SEC. 9. Whenever any penalty or forfeiture, or any part thereof, shall be given to any town by any penal statute, the town council may sue therefor in the name of the town, or the proper prosecuting officer in the name of any city which shall be entitled to the benefit thereof, and the town council may remit the whole of such penalty or forfeiture.

SEC. 10. If any person against whom sentence shall be passed or judgment shall be rendered, under any penal statute, shall refuse or neglect to perform such sentence or to pay such judgment, he shall,