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§ 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, sup-

ported 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 SEC. 809. Property, when to be restored to person from whom

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 re.

turned. 803. Officer to give receipt for property taken. 804. Property, when delivered io magistrate, how disposed

of. 805. Return of warrant, and delivery to magistrate of in

ventory 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.

it was taken. 810. Depositions, search warrant, return and inventory, to

be returned to court of sessions or city court hav.

ing 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 dan.

gerous 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, comma

manding 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.

§ 794. Before issuing warrant, magistrate must examine, on oath, the complainant and his witnesses. — The magistrate must, before issuing the warrant, examine, on oath, the complainant and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.

§ 795. Depositions, what to contain. — The depositions must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist.

§ 796. Magistrate, when to issue warrant. — If the magistrate be thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate.

§ 797. Form of the warrant.—The 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 the county of Albany, (or as the case may be] proof by affidavit, having been this day inade before me, by [naming every person whose affidavit has been taken,] that [stating the particular grounds of the application, according to section 792 ; or if the affidavits be not positive, “that there is probable cause for believing that,”-stating the ground of the application in the same manner;]

You are therefore commanded, in the day time, [or “ at any time of the day or night,” as the case may be, according to section 801,] to make immediate search on the person of C. D., (or “in the building situated ” describing it or any other place to be searched with reasonable particularity, as the case may,be,] for the following property : [describing it with reasonable particularity;] and if you find the same or any part

thereof, to bring it forthwith before me, at [stating the place.)

“Dated at the city of Albany, (or as the case may be] the day of

18

- E. F., Justice of the peace of the city (or town) of (or as the case may be.]

See Johnson v. Comstock, 11 Hun, 238.

§ 798. By whom served.-A search warrant may, in all cases, be served by any of the oflicers mentioned in its direction, but by no other person, except in aid of the officer, on his requiring it, he being present and acting in its execution.

§ 799. Officer may break open door or window, to execute warrant.—The officer may break open an outer or inner door or window of a building, or any part of the building, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

Bell v. Clapp, 10 Johns., 263.

$ 800. May break open door or window, to liberate himself or person acting in his aid.—He may break open any outer or inner door or window of a building, for the purpose of liberating a person, who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation.

§ 801. When warrant may be served in the night time.—The magistrate must insert a direction in the warrant, that it be served in the day time, unless the affidavits be positive that the property is on the person, or in the place to be searched ; in which case, he may insert a direction that it be served at any time of the day or night.

$ 802. When warrant must be executed and returned. A search warrant must be executed, and

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