Imágenes de páginas
PDF
EPUB
[ocr errors]

Elongata.

Before the coming of this writ, the goods and chattels within mentioned were eloigned by the within named W. C. to places to me unknown. Therefore I cannot replethe same as I am within commanded.

vy

JOHN DEN, Sh'ff.

The same as to part.

By virtue of the within writ, I have caused to be returned to the said A. B. within named, two colts, part of the cattle within mentioned, as within I am commanded; and before the coming of this writ, the residue of the cat tle aforesaid were eloigned by the within named C. D. to places to me unknown; therefore I cannot replevy the same as I am within commanded.

No pledges.

JOHN DEN, Shiff.

The within named A. B. hath not found any pledges to prosecute this writ; therefore nothing has been done towards the execution thereof.

Nullus venit.

JOHN DEN, Sh'ff.

No person came on the part of the plaintiff to shew the goods; and therefore I could not replevy the same, as I am commanded. JOHN DEN, Sh'ff.

Return of a capias in withernam.

By virtue of the within writ, I have taken in withernam the goods of the within named A. B. to the value of the goods and chattels within mentioned, and have delivered the same to the within named C. D. as within I am commanded. JOHN DEN, Sh'ff.

Scire facias.

Scire feci. (Sed vid. ante. pp. 103, 4.)

By A. B. and C. D., honest and lawful men of my county, I have made known to the said J. S. that he be

before the court at the day and place within specified, to show in manner and form as by this writ is required, as by the said writ I am commanded.

JOHN DEN, Sh'ff.

Nihil.

The within named A. B. has nothing in my county by which I can make it known to him, nor is he found within the same. JOHN DEN, Sh'ff.

No executors.

There are no executors of the last will and testament of the within named E. F. deceased, nor administrators of the goods of the said deceased, in my county, to whom I can in any manner make it known, as I am commanded. JOHN DEN, Sh'ff.

· Return of a venire.

The execution of this writ appears in the pannel hereto annexed. JOHN DEN, Sh'ff.

CORONERS.

There is in each county a coroner, elected for two years, by the qualified voters in their respective counties, and commissioned by the governor in the same manner, and subject to the same regulations as are provided in case of sheriffs. See Con. Ind. A. IV. Sec. 25, Rev. *L. 505.

The duties of coroner are concurrent with those of a sheriff, as a conservator of the peace, to suppress affrays, riots, and insurrections; to pursue and commit felons and traitors; and in all cases where the sheriff is interested or prejudiced, or in case of a vacancy in the office of sheriff, by death, resignation or otherwise, the coroner is required to do the duties of sheriff. It is moreover the special duty of the coroner, as soon as he shall be notified of the dead body of any person supposed to have come

to his or her death by violence or casualty, found lying within his county, to make out his warrant to a constable, forthwith to summon a jury to inquire, upon a view of the body, how and in what manner he or she came to his or her death. The coroner also is authorized to send his warrant for witnesses, to administer the necessary oaths to the witnesses and to the jury, to charge the jury specially touching their duty, to receive the verdict of the jury, and, if necessary, to recognize the witnesses to appear at the circuit court to give evidence, and in case of felonious homicide, to give information to a justice of the peace, to the intent that the murderer may be apprehended.

The form of a coroner's bond, and oath of office, is the same as that of a sheriff.

Warrant to summon a jury.

State of Indiana, Marion county, to wit.

The state of Indiana, to Timothy Swift, constable of Centre township, GREETING.

You are hereby commanded forthwith to summon fifteen good and lawful men of your township, to appear before Richard Stiles, esquire, coroner of Marion county, on this day at one o'clock in the afternoon, at the dwelling house of Peter Blunt in said township, then and there to form a jury, to inquire upon view of the body of J. H. there lying dead, how and in what manner, and by whom he came by his death. And be you then there to certify what you shall have done in the premises, and further to do and execute what shall then and there be enjoined upon you in that behalf.

Witness the said Richard Stiles, esquire, coroner as aforesaid, and his seal hereto affixed, the 19th day of August, 1832. RICHARD STILES, [SEAL.]

Oath to be administered to the foreman of the jury.

You solemnly swear, that you will diligently inquire, and true presentment make, how and in what manner, and by whom, J. H. who here lies dead, came to his death, and that you will deliver to me, the coroner of

this county, a true inquest thereof, according to such evidence as shall be laid before you. So help you God.

Oath to be administered to the remaining jurors.

The same oath which your foreman hath now taken before you on his part, you and each of you will well and truly observe and keep on your respective parts. So help you God.

Summons for witnesses.

State of Indiana, Marion county, to wit:

To Timothy Swift, constable of Centre township in said county, GREETING.

You are hereby commanded to summon A. B. and C. D. to appear forthwith before me Richard Stiles, coroner of Marion county, aforesaid, at the Dwelling house of Peter Blunt in Centre township aforesaid, to give evidence before an inquest, concerning the death of J. H. who now lies dead, at the dwelling. house aforesaid. Herein fail not.

Given under my hand and seal this 19th day of August, 1832.

RICHARD STILES, Cor. [SEAL.]

Oath to be administered to a witness.

You solemnly swear, that the evidence you will give to this inquest, touching the death of J. H. here lying dead, shall be the truth, the whole truth, and nothing but the truth. So help you God.

Recognizance of a witness, to be taken by the coroner.

State of Indiana, Marion county, to wit.

Be it remembered, that on the 19th day of August, 1832, personally came A. B. before me, Richard Stiles, coroner of Marion county, and acknowledged himself to owe to the state of Indiana, the sum of one hundred dollars, to be levied of his goods and chattels, lands and tenements, if default be made in the following condition, to wit: If the said A. B. will personally be and appear before the judges of the circuit court of Marion county

aforesaid, on the first day of their term next to be holden in and for the said county, then and there to give evidence concerning the death of J. H. late of said county, and not depart without leave of said court, then the above recognizance is to be void and of none effect, otherwise to be and remain in full force and virtue in law.

Taken, signed, sealed and acknowledged, the day and year above written, before me RICHARD STILES, Cor.

Inquisition of murder.

State of Indiana, Marion county, to wit.

A. B. [SEAL.]

An inquisition taken at the dwelling house of Peter Blunt, of Centre township, in the county of Marion, on the nineteenth day of August, in the year of our Lord, eighteen hundred and thirty-two, before Richard Stiles, coroner of said county, upon view of the body of J. H. then and there lying dead, upon the oath of A, B, C, D, (name the 12 jurors) of the township aforesaid, who being sworn diligently to inquire how, and in what manner, and by whom, the said J. H. came to his death, upon their oath do say, that one 'A. M. late of said county, yeoman, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the eighteenth day of August, in the year of our Lord eighteen hundred and thirty-two, and at the first hour of the night of the said day. with force and arms, at the township aforesaid, in and upon the aforesaid J. H. in the peace of God and of the state of Indiana then and there being, did feloniously, wilfully, and of his malice aforethought make an assault; and did, then and there, with a certain weapon called a dirk, made of iron and steel, of the value of one dollar, which he the said A. M. then and there had and held in his right hand, violently, feloniously, and of his malice aforethought, strike, stab, and pierce the aforesaid J. H. in and upon the left side of the belly of him the said J. H. about two inches to the left of the naval of the said J. H. then and there giving to the said J. H. with the weapon aforesaid called a dirk, in and upthe left side of the belly of him the said J. H. one mortal wound of the breadth of one inch, and of the

on

« AnteriorContinuar »