ance of the next preceding sections, shall have the same powers, be subject to the same liabilities, and discharge the same duties, as an administrator of the estate of a deceased person.

SEC. 53. The costs of prosecution, conviction and commitment of persons imprisoned in the state prison, shall be paid by the state, and the payment thereof shall form no part of the sentence of such convicts.

SEC. 54. The payment of such costs shall, in all other cases, be a part of the sentence of a convict, who shall be sentenced to be imprisoned until such costs are paid or remitted.

SEC. 55. The payment thereof may, upon application, be remitted by either justice of the supreme court, or in the county of Providence by any justice of the peace of that county, acting jointly with a justice of the court of magistrates in the city of Providence, and in any other county by a state senator residing

therein.

SEC. 56. Every person who shall be sentenced to imprisonment for life, or for the term of one year or more, for any one offence, shall forever thereafter be incapable of being elected to any office of honor, trust or profit in this state, and of acting as an elector therein, and of giving testimony as a witness before any tribunal, unless such person be pardoned, or such sentence be reversed.

CHAPTER 223.

OF FUGITIVES FROM JUSTICE, AND PROTECTION OF OFFICERS OF ADJOINING STATES.

SECTION

1. Magistrate's warrant to arrest fugitive, when and upon what complaint to be issued.

2. Of examination of, and proceedings in case of probable guilt.

3. Not giving recognizance, to be committed.

4. Proceedings in case recognizance defaulted.

5. Fugitive, by whom to be bailed.

6. When entitled to discharge, unless

SECTION

demanded, and liability of, to be taken on executive warrant.

7. Recognizance for costs to be given to obtain magistrate's warrant for arrest of fugitive, and such warrant neither superseding nor superseded by other process.

8. Officers of adjoining states secured in transit through this state with prisoners, &c.

9. Punishment for obstructing them &c.

SECTION 1. Whenever any person shall be found within this state, charged with an offence committed in any other state or territory, and liable by the constitution and laws of the United States to be delivered over upon the demand of any executive of any other state or territory, any magistrate authorized to issue warrants in criminal cases, may, upon complaint under oath, setting forth the crime or offence and such other matters as are necessary to bring the case within the provisions of law, issue his warrant to

bring the person so charged, before the same or some other magistrate within the state, to answer such complaint as in other cases.

SEC. 2. If upon the examination of any person so charged, it shall appear that there is reasonable cause to believe the complaint true, and that such person may be lawfully demanded of the executive of this state, he shall, if charged with an offence bailable by such magistrate, when committed within this state, be required to recognize in a reasonable sum with sufficient sureties to appear before such magistrate at some future day, allowing a reasonable time to obtain a warrant from the said executive, and to abide the order of such magistrate on such complaint.

SEC. 3. If such person shall not so recognize, he shall be committed to jail, and be there detained until he give such recognizance, or until such day.

SEC. 4. If he shall recognize and shall fail to appear according to the conditions of his recognizance, he shall be defaulted, and like proceedings shall be had as in case of other recognizances entered into before a magistrate.

SEC. 5. If such person shall be charged with an offence not bailable by such magistrate when committed within this state, he shall be committed to prison, and there detained until the day appointed for his appearance before such magistrate; but in such case the said person shall be bailable in the same manner as he would be if such offence had been committed in this state.

SEC. 6. If the person so recognized or committed shall appear before such magistrate upon the day appointed, he shall be discharged, unless he shall be demanded by some person authorized by a warrant of the executive to receive him: Provided, that whether such person so charged be recognized, committed or discharged, any person authorized by a warrant from the executive of this state may at all times take him in custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed

an escape.

SEC. 7. No warrant shall be issued in pursuance of the provisions of the first section of this chapter until the complainant shall have given recognizance with surety in such sum as the magistrate shall approve and direct, to pay all the costs that may accrue thereon, including the board of the person complained of, if committed to jail; nor shall any such warrant supersede any arrest, either on civil or criminal process theretofore made, nor shall any arrest, either on civil or criminal process theretofore made, supersede any arrest made on any such warrant, or on any warrant issued by the executive of this state in such cases.

SEC. 8. Sheriffs, deputy sheriffs, constables and other officers of the adjoining states, with their assistants, in the legal execution of any writ, warrant or other process issuing from and returnable to courts in their respective states, shall have full liberty, power and authority, to pass and repass, and also to convey such persons or things as they may legally have in their custody by virtue of any writ or warrant, in or by any of the roads or ways lying in or leading through any of the towns or lands of this state, in as full, free

and ample manner as the officers of justice of this state do use and exercise in the discharge of their duty and office.

SEC. 9. Any person who shall menace, threaten, obstruct, strike, insult or assault, or in any other manner abuse any such officer of the adjoining states, in such execution of his office, as he is passing through any of the lands or roads of this state, shall be subject to the same pains and penalties as persons would by law be subject to for menacing, threatening, obstructing, striking, insulting, assaulting or otherwise abusing similar officers of justice of this state, in the due execution of their office.

SECTION 1. Justices of the peace shall be coroners throughout the towns in which they dwell.

SEC. 2. It shall be the duty of a coroner, as soon as he shall be informed that the body of any person, supposed to have come to his death by violence or casualty, has been found within his town, or that any prisoner in the state prison or in any one of the state jails has deceased while so imprisoned, to issue his warrant to the sheriff or to either of his deputies, or to either of the town sergeants or constables within the county, requiring him to summon a jury of six good and lawful men of the same town, to inquire into the cause of the death of such person.

SEC. 3. Every officer failing to execute such warrant shall forfeit ten dollars; and every person summoned as a juror as aforesaid, who shall fail to appear, or to render to such coroner reasonable excuse therefor, shall forfeit five dollars; which forfeitures shall be sued for and recovered by the town treasurer, for the use of such town, in an action of debt.

SEC. 4. Whenever, from any cause, any of the jurors summoned shall not appear, or appearing shall be excused from serving on

such jury, the coroner may issue another warrant to supply the deficiency.

SEC. 5. The coroner shall swear six jurors and shall give the foreman by him appointed his oath upon view of the body, in form following: You solemnly swear, that you will diligently inquire and true presentment make, in behalf of this state, how and in what manner who lies here dead, came to his or her death; and you shall deliver to me, one of the coroners of the town of in the county of a true inquest thereof, according to such evidence as shall be laid before you; so help you God. He shall then swear the other jurors in form following: Such oath as your foreman has taken, you and each of you will well and truly observe and keep; so help you God. In case any juror is conscientious about taking an oath, the coroner may administer an affirmation in lieu thereof.

SEC. 6. The jurors, being sworn, in view of the body, the coroner shall give them a charge, upon their oaths to declare of the death of the person, whether he died of felony, or of mischance or accident; and, if of felony, whether of his own or another; and, if of the felony of another, who were principals and who were accessories, and of all material circumstances; and, if he died of his own felony, then to inquire of the manner and of all the circumstances concerning it; and, if he died by mischance or accident, whether by the act of men, or by hurt, fall, stroke, drowning or otherwise; to inquire of the persons who were present, the finders of the body, his relations and neighbors, whether he was killed in the same place he was found, and, if elsewhere, by whom and how he was brought from thence, and of all circumstances relating to said death.

SEC. 7. The jury being charged, shall stand together, and the coroner shall cause proclamation to be made for all persons who can give evidence how and in what manner the person, then and there lying dead, came to his death, to draw near and they shall be heard; and every coroner is further empowered to summon and, if necessary, to grant compulsory process for the appearance of witnesses, and to administer an oath to them in form following: You solemnly swear (or affirm) that the evidence which you shall give to this inquest concerning the death of here lying dead, shall be the truth, the whole truth, and nothing but the truth; so help you God; (or, this affirmation you make and give on peril of the penalty of perjury.)

SEC. 8. The testimony of each witness shall be drawn up in writing and subscribed by him, and if any witness charge any person with killing, or of being, in any way, instrumental in the death of a person so found dead, the coroner shall bind such witness by recognizance and in a reasonable sum, for his personal appearance at the next supreme court or court of common pleas, to be holden within and for the same county, then to give evidence accordingly ; and if any such witness shall refuse to recognize as aforesaid, the coroner shall and may commit such witness to the jail of the county, there to remain until he shall recognize or be otherwise discharged according to law.

SEC. 9. The jury having viewed the body, heard the evidence and made all the inquiry within their power, shall draw up and deliver unto the coroner, their verdict upon the death under their consideration, in writing, under their hands, and the coroner shall set his hand and seal thereto; and shall return to the next supreme court or court of common pleas, holden in the county, the inquisition, written evidence and recognizances, if any, by him taken.

SEC. 10. Upon an inquisition found before any coroner of the death of any person by the felony or misfortune of another, he shall immediately make a complaint thereof, in writing and on oath, to some justice of the peace in the same county, to the intent that the person killing, or being in any way instrumental to the death, may be apprehended, examined and secured for trial.

SEC. 11. The following shall be the form of the inquisition to be taken as aforesaid:

State of Rhode Island and Providence Plantations.

sc. An inquisition taken at

day of

in the county of

before

on

in the year of our Lord one of the coroners of the town of in said county of upon view of the body of there lying dead, by the oaths of six good and lawful men; who, being sworn and charged to inquire, for the said state, when, how and by what means, the said came to his death, upon their oaths do say: (then insert how, where, when and by what means, he was killed, and if it appears that he was murdered by a person known, then the inquisition shall be concluded thus:)" And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said

in manner and

did kill

If it ap

form aforesaid, of his malice aforethought, the said and murder, against the peace and dignity of this state." pear to be self-murder, then the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say that the said in manner and form aforesaid, then and there, voluntarily, and feloniously, as a felon of himself, did kill and murder himself, against the peace and dignity of the state."

If it appears that the death was by misfortune, the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said in manner aforesaid came to his death by misfortune." If the death was occasioned innocently, by the hands of any other person, the inquisition shall conclude thus: "And so the jurors aforesaid, upon their oaths aforesaid, do say, that the said by misfortune, and contrary to the will of the said in manner and form aforesaid, the said did kill and slay." In witness whereof, the said jurors have hereunto set their hands, the day and year aforesaid. In witness of all the before written, the said coroner hath hereunto set his hand and seal, the day and year aforesaid.