§ 776. Compelling attendance of witnesses, and punishing their disobedience.- A witness served with a subpœna may be compelled to attend and testify, or punished by the coroner for disobedience, as upon a subpœna issued by a magistrate, as provided in this Code.

See § 619, supra; Code Civ. Proc., §§ 8-13, 853–863.

§ 777. Verdict of the jury.- After inspecting the body, and hearing the testimony, the jury must render their verdict, and certify it by an inquisition in writing, signed by them, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded; and if he were killed or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as by such inquisition they have been able to ascertain.

§778. Testimony, how taken and filed. The testimony of the witnesses examined before the coroner's jury must be reduced to writing by the coroner, or under his direction, and must be forthwith filed by him, with the inquisition, in the office of the clerk of the court of sessions of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury.

§ 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate.-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 781, who must return it with the depositions and statement taken before him, in the manner prescribed in section 221.

780. Warrant for arrest of party charged by verdict. 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.

$781. Form of warrant.- 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 New York: "To any peace officer 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], day of

the

18 ,

66

E. F.,

Coroner of the county of Albany
[or as the case may be].

The coroner's

§ 782. Warrant, how executed. 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 indorsed by a magistrate of that county.

§ 783. Proceedings before magistrate. — The magistrate, when the defendant is brought before him, must proceed to examine the charge contained 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 information.

§ 784. Clerk to furnish magistrate with copy of the inquisition and testimony.-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.

§ 785. Coroner to deliver money or property found, on deceased, to county treasurer. 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.

§ 786. County treasurer to place money to credit of county, etc.-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.

§ 787. Money, when and how paid to representatives of deceased. If the money in the treasury be demanded within six years, by the legal representatives of the deceased, 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.

§ 788. Statement under oath from coroner, before his account is audited.-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.

§789. When New York police justices may act as coroners. 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 applied to the coroner.

§ 790. Compensation of coroners. - The coroner is entitled, for his services, in holding inquests and performing any other duty incidental thereto, to such compensation as defined by special statutes.

TITLE II.

Of Search Warrants.

SEC. 791. Search warrant defined.

792. Upon what grounds it may be issued.

793. It cannot be issued but upon probable cause, supported by affidavit.

794. Before issuing warrant, magistrate must examine, on oath, the complainant and his witnesses.

795. Depositions, what to contain.

796. Magistrate, when to issue warrant.

797. Form of the warrant.

798. By whom served.

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

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

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

802. Within what time warrant must be executed and returned.

803. Officer to give receipt for property taken.

804. Property, when delivered to magistrate, how disposed

of.

805. Return of warrant, and delivery to magistrate of inventory of property taken.

806. Magistrate to deliver copy of inventory to the person from whose possession property is taken, and to applicant for warrant.

807. If grounds for warrant controverted, magistrate to take testimony.

808. Testimony, how taken and authenticated.

SEC. 809. Property, when to be restored to person from whom it was taken.

810. Depositions, search warrant, return and inventory, to be returned to court of sessions or city court having jurisdiction of offense.

811. Maliciously and without probable cause procuring search warrant, a misdemeanor.

812. Peace officer, exceeding his authority.

813. Person charged with felony supposed to have a dangerous weapon.

§791. Search warrant defined.

A search warrant is

an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, and bring it before the magistrate.

§792. Upon what grounds it may be issued.— It may be issued upon either of the following grounds:

1. When the property was stolen or embezzled; in which case, it may be taken, on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or of any other person in whose possession it may be ;

2. When it was used as the means of committing a felony; in which case, it may be taken, on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was used in the commission of the crime, or of any other person in whose possession it may be;

3. When it is in the possession of any person, with the intent to use it as the means of committing a public offense, or in the possession of another, to whom he may have delivered it for the purpose of concealing it, or preventing its being discovered; in which case, it may

be

taken, on the warrant, from such person, or from a house or other place occupied by him, or under his control, or from the possession of the person to whom he may have so delivered it.

To discover lottery tickets. Peo. v. Noelke, 29 Hun, 461.

$793. It cannot be issued but upon probable cause, supported by affidavit. A search warrant cannot be issued, but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.