person here lying dead, shall be the truth, the whole truth, and nothing but the truth."

nesses to be re

(6094.) SEC. 6. In all cases where any murder or man- Testimony of Witslaughter is supposed to have been committed, the testimony duced to writing. of all witnesses examined before the inquest, shall be reduced to writing by the Justice of the Peace, or some other person by his direction, and subscribed by the witnesses.

taken.

(6095.) SEC. 7. The jury, upon the inspection of the dead Inquisition, how body, and after hearing the testimony of the witnesses, and making all needful inquiries, shall draw up and deliver to the Justice of the Peace, their inquisition under their hands, in which they shall find and certify, when, in what manner, and by what means the deceased came to his death, and his name, if known, together with all the material circumstances attending his death; and if it appear that he came to his death by unlawful means, the jurors shall forthwith state who was guilty, either as principal or accessory, or were in any manner the cause of his death, if known.

(6096.) SEC. 8. Such inquisition to be called a Coroner's Form of Inquisiinquest, may be in substance in the following form:

Justices of the Peace of the said County, upon the view of

the body of
(or a person), there lying dead, by
the oaths of the jurors whose names are hereto subscribed,
who being sworn to inquire in behalf of the People of this
State, when, in what manner, and by what means the said
(or person) came to his death, upon their oaths
do say, (then insert when, where, in what manner, and by
what means, persons, weapons or instruments he was killed or
came to his death.) In testimony whereof the said Justice of
the Peace and the jurors of this inquest, have hereunto set
their hands the day and year aforesaid.

tion.

in case of mur

(6097.) SEC. 9. If the jury find that any murder, man-puty of Justice slaughter or assault had been committed upon the deceased, der, etc. the Justice of the Peace shall bind over, by recognizance, such witnesses as he shall think necessary, to appear and testify at the next Court to be held in the same County, at which an indictment for such offence may be found; and he shall also return to the same Court the inquisition, written evidence, and all recognizances and examinations by him taken, and may commit to the jail of the County, any witness

sue process for

charged.

who shall refuse to recognize in such manner as he shall direct.

Justice may is- (6098.) SEC. 10. If any person charged by the inquest with arrest of person having committed any such offence, shall not be in custody, the Justice of the Peace shall have power to issue process for his apprehension, and such warrant shall be made returnable before him or any other magistrate or Court having cognizance of the case, who shall proceed thereon in the manner that is required of magistrates in like cases.

When Justice to cause body to be

how paid.

(6099.) SEC. 11. When any Justice of the Peace shall take buried, costs, an inquest upon the view of the dead body of a stranger, or being called for that purpose, shall not think it necessary, on view of such body, that an inquest should be taken, he shall cause the body to be decently buried; and if the Justice of the Peace shall certify that to the best of his knowledge and belief the person found dead was a stranger not belonging to this State, the expenses of burial, with the Justice's fees, and all the expenses of the inquisition, if any was taken, shall be paid to the Justice of the Peace from the State Treasury, the account of such expenses and fees being first allowed by the Circuit Court for the County; in all other cases the expenses and fees shall be paid by the County in which the inquisition was taken.

Chapter One Hundred and Sixty-Eight of Revised Statutes of 1846.

sentence person

finement, or hard

(6100.) SECTION 1. Whenever any person shall be lawfully when Court may sentenced by any Court to imprisonment in the State prison, to solitary conor any county jail, it shall be competent for the Court awarding labor. the sentence, to incorporate therein a provision, that the person so sentenced shall be kept in solitary confinement, or at hard labor, or both, during the term of such imprisonment, or any specific portion thereof.

tences.

(6101.) SEC. 2. When any person shall be convicted of an conditional sen offence punishable at the discretion of the Court, either by fine or imprisonment in the County jail, or by a fine or imprisonment in the State prison, the Court may award against such offender a conditional sentence, and order him to pay a fine, with or without the costs of prosecution, within a limited time, to be expressed in the sentence, and, in default thereof, to suffer such imprisonment as is provided by law and awarded by the Court.

- Ibid.

(6102.) SEC. 3. The person against whom any such condi-r tional sentence shall be awarded, shall be forthwith committed to the custody of an officer in Court, or to the County jail, to be detained until the sentence be complied with; and, if he shall not pay the fine within the time limited, the Sheriff shall cause the other part of the sentence to be executed forthwith.

1839, p. 233, Sec.

52

(6103.) SEC. 4. Whenever it is provided that an offender Discretionary shall be punished by imprisonment in the County jail and power of Court. a fine, such offender may, at the discretion of the Court, be sentenced to be punished by such imprisonment without the fine, or by such fine without the imprisonment; and, whenever it is provided that an offence shall be punished by fine or imprisonment, the Court may impose both such fine and imprisonment, in its discretion.

keep the peace.

(6104.) Sec. 5. Every Court before whom any person shall Recognizances to be convicted upon an indictment for any offence not punishable with death, or by imprisonment in the State prison, may, in addition to the punishment prescribed by law, require such person to recognize, with sufficient sureties, in a reasonable sum, to keep the peace, or to be of good behavior, or both,

Proceedings on forfeiture.

Sheriff to execute sentence.

Ibid.

Person convicted

of capital offence

to hard labor in

for any time not exceeding two years, and to stand committed until he shall so recognize.

(6105.) SEC. 6. In case of a breach of the condition of any such recognizance, the same proceedings shall be had as are prescribed in relation to recognizances to keep the peace in other cases.

(6106.) SEC. 7. When any person, convicted of an offence, shall be sentenced to pay a fine or costs, or to be imprisoned in the County jail, the Clerk of the Court shall, as soon as may be, make out and deliver to the Sheriff of the County, or some officer in Court, a transcript from the minutes of the Court, of the conviction and sentence, duly certified by such Clerk, which shall be sufficient authority for the Sheriff to execute such sentence, and he shall execute the same accordingly.

(6107.) SEC. 8. When any convict shall be sentenced to imprisonment in the State prison, the Clerk of the Court before whom such conviction was had, shall make out a warrant, under the seal of the Court, directed to the Sheriff of the County, requiring him to cause such convict, without needless delay, to be removed from the County jail to the State prison, which warrant shall be delivered to such Sheriff, and be obeyed by him, and shall be accompanied by a certified abstract from the minutes of the Court, of such conviction and sentence as aforesaid.

(6108.) SEC. 9. When any person shall be convicted of any to be sentenced crime punishable with death, and sentenced to suffer such State Prison, un- punishment, he shall, at the same time, be sentenced to hard labor in the State prison until such punishment of death shall be inflicted.

til, etc.

Person sentenced

to death not to

within one year,

etc.

(6109.) Sec. 10. And no person, so sentenced and imprisbe executed oned, shall be executed in pursuance of such sentence within one year from the day such sentence of death was passed, nor until the whole record of the proceedings shall be certified by the Clerk of the Court in which the conviction was had, under the seal thereof, to the Governor of this State, nor until a warrant shall be issued by the Governor, under the great seal of the State, directed to the Sheriff of the County in which the State prison may be situated, commanding the said sentence of death to be carried into execution.

Punishment of death to be in

(6110.) SEC. 11. The punishment of death shall, in every ficted by hang case, be inflicted by hanging the convict by the neck until he is dead; and the sentence shall, at the time directed by the

ing.

present at execu

may be present.

warrant, be executed within the walls of the State prison, or within the enclosed yard thereof. (6111.) SEC. 12. The Sheriff of the County shall be present Sheriff, etc., to be at the place of execution, unless prevented by sickness ortion; who else other casualty, and also two of his deputies, designated by' him; and he shall request the presence of the Prosecuting Attorney, and twelve respectable citizens, including a surgeon or physician, and shall permit the counsel of the prisoner, and such ministers of the gospel as the criminal shall desire, and his relations, to be present, and also such officers of the prison, deputies, Constables, and military guard, as he may see fit, but no others.

on Warrant for

(6112.) SEC. 13. Whenever a Sheriff shall inflict the punish-Sheriff's return ment of death upon any convict, in obedience to a warrant execution. from the Governor, he shall make return thereof, under his hand, with his doings thereon, to the office of the Secretary of State, as soon as may be; and shall also transmit to the Clerk of the Court in which the conviction was had, an attested copy of the warrant and return thereon; and the Clerk shall place the same on file, with the indictment, and subjoin to the record of the sentence, a brief abstract of the Sheriff's return on the warrant.

An Act to Provide for the Trial of Civil Causes in the Circuit Court by Jury.

[Approved March 28, 1850. Laws of 1850, p. 157.]

SECTION 1, 2. (a)

Supreme Court

es authorized to

ment upon per

Courts held by

(6113.) SEC. 3. The Justices of the Supreme Court, or either Justices of the them, or either of the several Circuit Judges in the and Circuit Judg spective Circuits of this State, are hereby authorized and pronounce judg powered to pronounce judgment against, and pass sentence sons convicted in on, all persons heretofore convicted, or that may hereafter them. convicted in any Court held by said Justices, or Judges, either of them, for any offence heretofore committed, or t may be hereafter committed, against the laws of this te: Provided, That such sentence shall, in no case or pect, be greater than the penalty now, or that may be scribed by law. (b)

These Sections have been substantially re-enacted, and are given elsewhere.

As amended by "An Act to Amend Section Three of An Act to Provide for the Trial of Civil in the Circuit Court by Jury, Approved March 28, 1850." Approved and in force June 26, Laws of 1851, p. 272.