thereof, may order that a return be made within a specified time which may be deemed reasonable; and the court may, by attachment, compel a compliance with the order. [AM'D BY CH. 880 of 1895. In effect Jan. 1, 1896.]

§ 758. Ordering, etc., amended return.-If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section.

People v. Carnrick, 39 N. Y. St. Rep. 596.

§ 759. Appeal, by whom and how brought to argument.-When the return is made, the appeal may be brought to argument by the defendant, on any day in term, upon a notice of not less than five days before the term, to the district attorney of the county.

§ 760. If not brought to argument, etc., to be dismissed, unless continued, etc.- If the defendant omit to bring the appeal to argument, as provided in the last section, the court must dismiss it, unless it continue the same, by special order, for cause shown.

§ 761. Service of return on district attorney, and consequences of failure. The defendant must serve upon the district attorney, a copy of the return, with or before the notice of argument. If he fail to do so, the appeal must be dismissed, upon proof of the failure, unless the court otherwise direct.

§ 762. If brought to hearing by defendant, appeal must be argued, though no one opposes, etc.- If the appeal be brought to hearing by the defendant, it must be argued, though no one appear to oppose; but if brought on by the district attorney, he may take judgment of affirmance, unless the defendant appear to argue the appeal.

§ 763. Appeal to be heard on original return. - The appeal must be heard upon the original return; and no copy thereof need be furnished for the use of the court.

§ 764 What judgment may be rendered.-After hearing the appeal, the court must give judgment, without regard to technical errors or defects, which have not prejudiced the substantial rights of the defendants, and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial, or may modify the sentence.

People v. Cutler, 28 Hun, 465; 1 N. Y. Cr. 178; People ex. rel. Stokes v. Riseley, 38 Hun, 282; 2 N. Y. Cr. 111; People v. McIntosh, 5 id. 41; People v. Moore,

50 Hun, 359; People v. Starks, 17 N. Y. Rep. 237; People v. Upton, 29 id. 779; People v. Clark, 62 Hun, 84.

§ 765. Judgment to be entered on the minutes. When judgment is given upon the appeal, it must be entered upon the minutes.

§ 766. Order upon judgment for affirmance.-If the judgment be affirmed, the court must direct its execution, and if the defendant have been discharged on bail, after the commencement of the execution of a judgment of imprisonment, must commit him to the proper custody for the remainder of his term of imprisonment.

§ 767. Order upon judgment of reversal.—If the judgment be reversed, and the defendant be imprisoned in pursuance of the judgment of the police court, the county court must order him to be discharged. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.]

People v. Trumble, 1 N. Y. Cr. 446.

§ 768. If new trial ordered; to be had in court of session*, etc.— If a new trial be ordered, it must be had in the county court in the same manner as upon an issue of fact on an indictment; and that court may proceed to judgment and execution, as in an action prosecuted by indictment. But where the appeal was from a judgment of commitment made under section two hundred and ninety-one of the penal code, the new trial shall be had before the county court without a jury. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.]

§ 769. Proceedings to carry judgment pon appeal into effect, to be had in county court.-If any proceedings be necessary to carry the judgment upon the appeal into effect, they must be had in the county court. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.]

§ 770. On judgment of county court defendant may appeal to appellate division.-If the judgment on the appeal be against the defendant he may appeal therefrom to the appellate division of the supreme court, in the same manner as from a judgment in an action prosecuted by indictment, and may be admitted to bail upon the appeal, in like manner. [AM'D BY CH. 880 or 1895. In effect Jan. 1, 1896.]

People Trumble, 1 N. Y. Cr. 446; People v. Snyder, 44 Hun, 193; People ex rel. Wright e. Court, etc. 45 id, 55.

§ 771. Judgment of supreme court upon appeal, final.—The judgment of the appellate division of the supreme court upon the appeal is final; except that where the original appeal was from a judgment of commitment of a child, either party may appeal to the court of

*So in original; should be County Court.

appeals in like manner as a defendant under section five hundred and nineteen of this code. [AM'D BY CH. 880 of 1895. In effect Jan. 1, 1896.] People v. Snyder, 44 Hun, 193; People ex rel. Wright v. Court, etc. 44 id. 55.

§ 772. Proceedings to carry into effect judgment of supreme court. The same proceedings must be had, to carry into effect the judgment of the appellate division of the supreme court upon the appeal, as if it had been taken upon a judgment in an action prosecuted by indictment. [AM'D BY CH. 880 OF 1895. In effect Jan 1, 1896.] People v. Clark, 62 Hun, 84; see 4 N. Y. Cr. 289

PART VI.

OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.

TITLE I. OF CORONERS' INQUESTS, AND THE DUTIES OF CORONERS.
II. OF SEARCH WARRANTS.

III. OF THE OUTLAWRY OF PERSONS CONVICTED OF TREASON.
IV. OF PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE.

V. OF PROCEEDINGS RESPECTING BASTARDS.

VI. OF PROCEEDINGS RESPECTING VAGRANTS.

VII. OF PROCEEDINGS RESPECTING DISORDERLY PERSONS.

VIII. OF PROCEEDINGS RESPECTING THE SUPPORT OF POOR PERSONS. IX. OF PROCEEDINGS RESPECTING MASTERS, APPRENTICES, AND

SERVANTS.

X. OF CRIMINAL STATISTICS.

XI. MISCELLANEOUS PROVISIONS RESPECTING PROCEEDINGS OF A
CRIMINAL NATURE.

TITLE I.

Of Coroners' Inquests, and the Duties of Coroners.

SEC. 773. Coroner's jury and examination.

774. Jury to be sworn.

775. Witnesses to be subpoenaed.

776. Compelling attendance of witnesses, and punishing their disobedience.

777. Verdict of the jury.

778. Testimony, how taken and filed.

779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, and by him returned.

780. Warrant for arrest of party charged by verdict.

781. Form of warrant.

782. Warrant, how executed.

783. Proceedings of magistrate, on defendant's being brought before him. 784. Clerk with whom inquisition is filed, to furnish magistrate with copy of the same and of testimony returned therewith.

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

786. County treasurer to place money to credit of county; and to sell other property and place proceeds to credit of county.

787. Money, when and how paid to representatives of deceased.

SEC. 788. Supervisors to require statement under oath, from coroner, before auditing his accounts.

789. In New York, police justices may perform duties of coroner, during his inability.

790. Compensation of coroners.

§ 773. Coroner's jury, and examination.

Whenever a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has committed suicide, he must go to the place where the person is, and forthwith inquire into the cause of the death or wounding, and summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, if such death or wounding be of a criminal nature, to appear before him forthwith, at a specified place, to inquire into the cause of the death, or wound, and if it shall appear from the sworn examination of the informant or complainant, or if it shall appear from the evidence taken on or during the inquisition that any person or persons are chargeable with the killing or wounding, or that there is probable cause to believe that any person or persons are chargeable therewith, and if such person or persons be not in custody he must forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding, and upon the arrest of any person or persons chargeable therewith, he must be arrainged before the coroner for examination, and the said coroner shall have power to commit the person or persons so arrested to await the result of the inquisition. Any coroner shall be disqualified from acting as such in any case where the person killed or dangerously wounded or dying suddenly, as aforesaid, is a co-employe with said coroner, of any person or persons, association cr corporation, or where it appears that the killing or wounding has been occasioned, directly or indirectly, by the employer of said coroner. [AM'D CH. 562 OF

1892. IN EFFECT MAY 13, 1892.]

People Millett, 92 N. Y. 29; 1 N. Y. Cr. 354; Crisfield v. Perrine, 15 Hun, 202; aff'd 91 N. Y. 622; People v. Fitzgerald, 105 id. 146; rev'g 43 Hun, 35; People v. Mondon, 103 N. Y. 211; Ohio Ry. Co. v. Lackey, 78 Ill. 55, 259, People *. Devine, 44 Cal. 458.

§ 774. Jury to be sworn.-When six or more of the jurors appear, they must be sworn by the coroner to inquire who the person was, and when, where and by what means he came to his death or was wounded, as the case may be, and into the circumstances attending the death or wounding, and to render a true verdict thereon, according to the evidence offered to them, or arising from the inspection of the body.

$775. Witnesses to be subpoenaed. The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint. He must summon and examine as witnesses, every person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding.

Crisfield v. Perrine, 15 Hun, 200; aff'd 81 N. Y. 622; People v. Beigler, 3 Park. 316; People v. Collins, 20 How. 211; 11 Abb. 406; Doremus e. New York, 6 Daly, 121; People ex rel. Sherman v. Sup'rs, etc. 30 How. 173; Van Hoevenburgh v. Hasbrouck, 45 Barb. 197; Stevens v. Com'rs, etc. 46 Ind. 541.

§ 776. Compelling attendance of witnesses, and punishing their disobedience.-A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, as upon a subpoena issued by a magistrate, as provided in this Code. See § 619, supra; Code Civ. Proc. §§ 8-13, 853-863. People v. Mondon, 103 N. Y. 211.

§ 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.

People v. Mondon, 103 N. Y. 216; 4 N. Y. Cr. 556; People v. Budge, 4 Park. 519.

§ 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 county court of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury. [AM'D BY CH. 880 OF 1895. In effect Jan. 1, 1896.]

See § 395, ante. Matter of Ramscar, 1 N. Y. Cr. 36; 10 Abb. N. C. 442; 63 How. 255; People v. Taylor, 43 Hun, 419; People v. Mondon, 103 N. Y. 211; 4N Y. Cr. 126; People v. McGloin, 91 N. Y. 241; People ex rel. Cosford v. Board, etc. 38 N. Y. St. Rep. 966.

§ 779. If defendant arrested before inquisition filed, depositions to be delivered to magistrate, etc. 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