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.

§ 870. The coroner's warrant shall 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 NewYork: To any sheriff, constable, marshal, or policeman 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 or most accessible magistrate in this county."

the

"Dated at the city of Albany, [or as the case may be,]

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

§ 871. The coroner's warrant may be served in any county; and the officer serving it shall 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 endorsed by a magistrate of that county.

872. The magistrate, when the defendant is brought before him, shall 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.

§ 873. Upon the arrest of the defendant, the clerk with whom the inquisition is filed, shall, without delay, furnish to the magistrate a certified copy of the same and of the testimony returned therewith.

§ 874. 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 the coroner, to recover the same, by a civil action in the name of the county.

§ 875. Upon the delivery of money to the treasurer, he shall place it to the credit of the county. If it be other property, he shall, within thirty days, sell it at public auction, upon reasonable public notice; and shall, in like manner, place the proceeds to the credit of the county.

876. If the money in the treasury he demanded within six years, by the legal representatives of the de

ceased, the treasurer shall pay it to them, after deducting the fees and expenses of the coroner and of the county, in relation to the matter or the same may be so paid at any time thereafter, upon the order of the board of supervisors.

§ 877. Before auditing and allowing the account of the coroner, the board of supervisors shall 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.

§ 878. In the city and county of New-York, if the coroner be absent or be unable, from sickness or other cause, to attend, the duties of his office may be performed by a police justice, but by no other officer, with the like authority, and subject to the same obligations and penalties as the coroner.

§ 879. The coroners of the several counties shall receive for their services, in holding inquests aud performing any other duty incidental thereto, such compensation as shall be fixed by the boards of supervisors of the counties respectively, and shall receive for those services, no other compensation or fees whatever. In the city and county of New-York, the compensation so fixed shall be an annual salary.

TITLE II.

OF SEARCH WARRANTS.

880. 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.

§ 881. It may be issued, upon either of the following grounds:

1 Where 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. Where 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 offence, or of any other person in whose possession it may be.

3. Where it is in the possesion of any person, with the intent to use it as the means of committing a public offence, 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.

§ 882. No search warrant shall 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.

§ 883. 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.

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

§ 885. 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 shall 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.

§ 886. The warrant shall be in substantially the following form:

66

County of Albany, [or as the case may be.]

"In the name of the people of the State of NewYork: To any sheriff, constable, marshal or policeman in the county of Albany, [or as the case may be:]