alleged as aforesaid, and to abide the further judgment or order of the Court in the premises, in which such trial was had, and in the meantime to keep the peace and be of good behavior. to recognize to be (6087.) SEC. 6. If such person shall not so recognize, he Person neglecting shall be committed to prison, to await the decision of the committed. Supreme Court; and in that case the Clerk of the Court in which the conviction was had, shall file a certified copy of the record and proceedings in the case, in the Supreme Court; and such Court shall have jurisdiction to hear and determine the questions of law arising on such exceptions or report, and shall certify their determination to the Court in which the trial was had, together with directions as to a new trial, or such other proceedings as right and justice shall require; but the proceedings herein prescribed shall not deprive any party of his writ of error, for any error or defect appearing of record. tinue recogniz (6088.) SEC. 7. The Court in which the party so convicted Court may conand recognized shall be bound to appear as aforesaid, shall ance, etc. have power to continue such recognizance, or require a new recognizance, with further or other sureties until the decision of the Supreme Court shall be had in the premises, and in default of compliance with any such requisition, such Court may commit the party so convicted to close custody. Inquests on view of dead bodies, when to be taken. Jury, how summoned. Jurors, how im panneled and sworn. Witnesses, how summoned; at enforced, etc. Chapter One Hundred and Sixty Seven of Revised Statutes of 1846. (6089.) SECTION 1. Justices of the Peace shall take inquests upon the view of the dead bodies of such persons as shall have come to their death suddenly or by violence, and of such persons as shall have died in prison. (6090.) SEC. 2. As soon as any Justice of the Peace shall have notice of the dead body of any person found or lying within the County, who is supposed to have come to his death in any manner described in the preceding section, he shall forthwith summon not less than six nor more than twelve good and lawful men of the County, to appear before him at such place as he shall appoint. (6091.) SEC. 3. When six or more of the jurors who have been summoned, appear, the Justice of the Peace shall call over their names, and there, in view of the dead body, shall administer to them an oath or affirmation in substance as follows: "You do solemnly swear (or affirm, as the case may be), that you will diligently inquire, in behalf of the People of this State, when, in what manner, and by what means, the person whose body lies here dead, came to his death, and that you will make a true inquest thereof according to your knowledge, and such evidence as shall be laid before you." (6092.) SEC. 4. The Justice of the Peace may issue subpoenas tendance, how for witnesses returnable forthwith or at such time and place as he shall therein direct; and the attendance of the persons served with such subpoena may be enforced in the same manner, and they shall be subject to the same penalties, as if they had been served with a subpoena in behalf of the People of this State, to attend a Justice's Court: Provided, That in all such cases it shall be lawful for the magistrate taking any such inquest, to require, by subpoena, the attendance of a competent physician or surgeon for the purpose of making a postmortem examination, and of testifying as to the result of the same; and the amount of compensation for such attendance and services, shall be audited and allowed by the Board of Supervisors of the proper County. Oath of Witness es. (6093.) SEC. 5. An oath or affirmation to the following effect shall be administered to each witness by the Justice of the Peace: "You do solemnly swear (or affirm) that the evidence you shall give to this inquest, concerning the death of the 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: County of Justices of the Peace of the said County, upon the view of tion. in case of mur (6097.) SEC. 9. If the jury find that any murder, man-Duty 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 ⚫harged. 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. on (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, 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 senoffence 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. (6102.) SEC. 3. The person against whom any such condi- Ibid. 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. power of Court. 52 (6103.) SEC. 4. Whenever it is provided that an offender Discretionary shall be punished by imprisonment in the County jail and 1839, p. 233, Sec. 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, |