Serving an execution for, or under two hundred and fifty dollars, two cents and four mills per dollar; and for every dollar more than two hundred and fifty, one cent and two mills. The poundage on writs of fieri facias, and all other writs for levying monies, to be taken only for the sum levied.

Advertising goods or chattels, land or tenements, for sale on any execution, one dollar and eighty-seven and a half cents, to be recovered in like manner as his poundage; and half that sum if such execution be stayed or settled after advertising and before the sale and no further sum shall be demanded for continuing such advertisement more than six weeks.

For serving a writ of possession or restitution, without the aid of the posse comitatus, one dollar and twenty-five cents; and with the aid of the posse comitatus, three dollars and seventy-five cents; and milage for every mile from the place fixed by law, six

cents.

Every person committed to prison, thirty-seven and a half

cents.

Discharging every person from prison, thirty-seven and a half

eents.

Bringing up a prisoner by habeas corpus, in civil causes, one dollar and fifty cents, and milage for every mile from gaol, twelve and half cents.

Executing a writ of inquiry, summoning the jury for that purpose, and returning the inquisition, one dollar and fifty cents. Attending a view, one dollar and eighty-seven and a half cents per day.

Attending with a prisoner before a judge, on his being surrendered by his bail, and for receiving the prisoner into custody, one dollar.

Summoning the jury to inquire of a forcible entry or detainer, two dollars and fifty cents.

Copy of a writ when demanded, nineteen cents.

Serving an attachment against the estate of an absconding or absent debtor, so much as the judge who issued the warrant, shall certify to be reasonable.

.

Serving a notification, issued by the comptroller on any peron to account for monies received to the use of the people of this state, the like fees as on serving common process; and all services done by them in their offices, for the public, whether in the supreme court, or elsewhere, the like fees as are allowed for the like services in causes between private parties: Provided, That no sheriff shall be allowed any fee for the services or exe cution of any mesne process, returnable on the first day of any term, unless the same shall be returned during such term, nør

on any such process returnable on any subsequent day of any term, unless the same shall be returned within twenty days af ter the return day.

SHERIFF'S FEES IN THE COMMON PLEAS.

For serving a writ, thirty-seven and a half cents; milage to be computed as in the supreme court, six cents per mile. Every bail bond, thirty-seven and a half cents. Returning a writ, if served, nine cents.

Summoning a jury, seventy-five cents.

A copy of the panel of the jurors, twelve cents. Attending a view, one dollar and twenty-five cents per day, and going and returning, one dollar per day.

Serving an execution for, or under two hundred and fifty dollars, six cents per dollar; for every two dollars and fifty cents more three cents; the poundage on writs of fieri facias, and all other writs for levying money, to be taken only on the sum levied.

Serving a writ of possession or restitution, with the aid of the posse comitatus, two dollars and fifty cents, and without such aid, one dollar and twenty-five cents; and milage, going only, for every mile from the place fixed by law, six cents.

Every person committed to prison, thirty-seven and a half

Bents.

Dicharging every person from prison, thirty-seven and a half

cents.

For executing a writ of inquiry, summoning the jury for the purpose, and returning the inquisition, one dollar and fifty cents. Attending with a prisoner before a judge, on his being surrendered by or in discharge of his bail, and receiving the prisoner into custody, fifty cents.

Copy of every writ, when demanded, twelve and a half cents. Serving an attachment against the estate of an absconding or absent debtor, so much as the judge who issues the warrant shall certify to be reasonable: Provided, That no sheriff shall be allowed any fee for the service or execution of any mesne process, returnable on the first day of any term, unless the same shall be returned during such term, nor on any such process, returnable on any subsequent day of any term, unless the same shall be returned within twenty days after the return day.

CHAP. IV.

THE CORONER.

NATURE OF HIS OFFICE.

The Coroner, as we have before seen, is appointed in 1 manner as the sheriff, annually for four years successively, is not, like the sheriff, restricted from holding any other of at the same time. Coroners, in former days, were the prin pal conservators of the peace within their counties; and n may bind to the peace any person who makes an affray in th presence. 2 Haw. P. C. c. 28. s. 5.

Competent men must be appointed as coroners in ev county in this state, whose duty it is to go to the places wh any persons be slain, or suddenly dead or wounded, or wh houses are broken open, or treasure is said to be found, forthwith to command 24 good and lawful men of his county appear before him at such place therein as he shall appo and upon their oath, or the oaths of 12 or more of them, upon view of the body of any person slain, or suddenly de and the proof of witnesses, to inquire how, and in what mann and when and where, such person was slain or died, and w such person was, and of all the circumstances attending su death, and who were guilty thereof, either as principal or cessary, and in what manner, and to take and commit to 1 gaol of such county, every one so found guilty, and also ev one suspected of the death of any person, or of doing hurt any person, so as to endanger his life, and to make the like quiry of persons who shall die in prison, or be killed by misf tune, and to bind all finders or suspected finders of treasure, w at least two sufficient sureties, to appear before the next justi of oyer and terminer and gaol delivery, to answer the premis And every coroner, upon any inquisition found, shall put writing the effect of the evidence given to the jury before hi and hind the witnesses to appear and testify at such court I

aforesaid. And in ease any coroner shall neglect his duty in the premises, he shall be fined in the discretion of such justices. Law N. Y. Coroners, 21 March, 1801.

Where any person shall be found suddenly dead in any town, where no coroner has qualified, one or more of the justices of the peace of such town are by common law authorised to take inquisition upon the premises.

DUTIES.

In cases of persons supposed to be drowned or found suddenly dead, it is the coroner's duty on view of such bodies, according to the statute, to inquire whether they were so drowned or slain, or strangled, by the sign of a cord tied straight about their necks, or about any of their members, or upon any other hurt fourd upon their bodies. Also all wounds ought to be viewed, the length, breadth and deepness, and with what weapons, and in what part of the body the wound or hurt is, and how many are culpable, and how many wounds there be, and who gave the wounds; all which the coroner must minute in his proceedings on the view.

He cannot inquire of any accessary after the fact, but he may make inquiry of the accessaries before the fact.

He ought to inquire of all the circumstances of the party's death, and also of all things which occasioned it.

Upon any inquisition found before him, whereby any person shall be indicted for murder or manslaughter, or as accessary before the offence committed, he must put in writing the effect of the evidence given to the jury before him, being material, and bind over the witnesses by recognizance to the next general sessions or gael delivery to be holden for such county, there to testify against the party so indicted, and he must certify as well the same evidence as such recognizance together with the inquisition or indictment taken before him.

The coroner's inquest ought in all cases to hear the evidence upon eath, as well that which maketh for, as that which maketh against the prisoner, and the whole evidence ought to be returnad with the inquisition. Hal. P. C. 62.

PERSONS DYING IN GAOL.

The coroner ought also to inquire of the death of all person.

who die in prison; that it be known whether they died by violence, or any unreasonable hardships; for if a prisoner, by the duress of the gaoler, comes to an untimely death, it is murder in the gaoler, and the law implies malice in respect of the cruelty. 3 Inst. 52. 91.

And this inquest upon prisoners ought to consist of a party jury, that is, six of the prisoners, if there be so many, and six of the next town, not prisoners.

If a prisoner in gaol die a natural death, yet the gaoler ought to send for the coroner, to inquire, because it may be presumed, that the prisoner died by the ill usage of the gaoler.

Hal. C. P. 58.

SUDDEN DEATHS,

Are of these kinds: 1. By the visitation of God: 2. By misfortune, where no other had a hand in it; as if a man fall from a horse or cart: 3. By his own hand, as felo de se: 4. By the hand of another unknown: 5. By the hand of another known. Ibid.

The dying suddenly is not to be understood of a fever, apoplexy, or other visitation of God, for then the coroner might be sent for in every case. Ibid.

If the inquisition find, that he died by the visitation of God, there is no more to be done, only the inquisition, together with examinations, are to be returned to the next gaol delivery. Ib.

If the party be slain and the felon is not known, the inquisition must contain that fact, and the first finder of the body must be bound over, and his examinations returned together with the inquisition, to the next gaol delivery. Ibid.

If the coroner find any person guilty, either as principal or aceessary before the fact, he must commit him to the sheriff.

Fbid.

DEFINITIONS OF CERTAIN CRIMES.

A man, who, by his command, counsel, contrivance, consent or encouragement, moves another to commit a felony, tho' he be not present when it is done, will be an accessary before the fact. 2 Inst. 182.

In the case of poisoning, he who counsels another to give poison, if absent, is only an accessary before the fact: but he