2. Amended by Code Amdts. 1880, p. 4, changing "when issued by order of a judge" to "when made returnable before a judge."

§ 1505. Damages, by whom recovered, for failure to issue or obey the writ. If any judge, after a proper application is made, refuses to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed, refuses obedience to the command thereof, he shall forfeit and pay to the person aggrieved a sum not exceeding five thousand dollars, to be recovered by action in any court of competent jurisdiction.

Legislation § 1505. Enacted February 14, 1872; in substance the same as Habeas Corpus Act, Stats. 1850, p. 337, § 38.

CHAPTER II.

Coroners' Inquests and Duties of Coroners.

§ 1510. Coroner to summon jury to inquire into cause of death. § 1511. Jurors to be sworn.

§ 1511a. Inquest.

§ 1511b. To view the body.

§ 1512.

§ 1513.

§ 1514.

§ 1514a.

$1515. $1516.

Witnesses.

Witnesses compelled to attend.

Verdict of jury in writing. What to contain.
Witness to be bound over, when. Recognizances.
Testimony in writing and where filed.
Exception.

1517. Coroner to issue warrant, when. § 1518. Form of warrant.

§ 1519. How served.

§ 1520. District attorney may be present.

§ 1510. Coroner to summon jury to inquire into cause of death. When a coroner is informed that a person has been killed, or has committed suicide, 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, he must go to the place where the body is, cause it to be exhumed if it has been interred, and summon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at the place where the body of deceased is, to inquire into the cause of the death. No such person is exempt from jury duty except at the discretion of the coroner. No person shall be summoned as juror who is related to the decedent or is charged with or suspected of the killing, nor shall any one be summoned who is known to be prejudiced for or against him, but no person selected or summoned to appear as a juror is subject to be challenged by any party. [Amendment approved 1905; Stats. 1905, p. 707.]

Inquest: See Pol. Code, §§ 4285-4290.

Powers and duties of coroners: See Pol. Code, §§ 4143-4148.
Justice may act as coroner when: See Pol. Code, § 4147.

Costs of inquest in state prison: See post, Appendix, tit. "Costs." Act providing for payment for chemical and post-mortem examinations: See post, Appendix, tit. "Coroners."

Act relating to appointment of physician at inquest: See post, Appendix, tit. "Coroners."

Act providing for attendance of physicians and surgeons: See post, Appendix, tit. "Coroners."

Coroners in counties of the first class, act relating to: See post, Appendix, tit. "Coroners."

Acts furnishing assistants to coroners in certain cities: See post, Appendix, tit. "Coroners."

Act providing shorthand reporter at inquest: See post, Appendix, tit. "Coroners."

Legislation § 1510. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 773); in substance the same as Coroner's Act, § 4, as amended by Stats. 1862, p. 552, § 1. When § 1510 was enacted in 1872, it was composed of the first sentence of the present section. 2. Amendment by Stats. 1901, p. 500; unconstitutional: See note, § 5, ante.

3. Amended by Stats. 1905, p. 707; the code commissioner saying, "The amendment consists in the addition of the last two sentences. The matter thus added to the sections is a codification of a part of the provisions of § 3 of the statute of 1871-72, p. 403, as amended by the statute of 1875-76, p. 397, respecting jurors summoned to act at coroners' inquests.

§ 1511. Jurors to be sworn. When six or more of the jurors attend, 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, and into the circumstances attending his death; and to render a true verdict thereon, according to the evidence offered them, or arising from the inspection of the body.

Legislation § 1511. Enacted February 14, 1872; based on Corner's Act, Stats. 1850, p. 265, § 6, which had the words "evidence afforded" instead of "evidence offered."

§ 1511a. Inquest. There must be but one inquest upon a body, unless that taken is set aside by the court; and there must be but one inquest held upon several bodies of persons who were killed by the same cause, and who died at the same time. Whenever it appears that an error in the identity of the body has been made by the jury, it is discretionary with the coroner to call another inquest without reference to the court, and a memorandum of the error must be entered upon the erroneous inquisition.

Legislation § 1511a. 1. Addition by Stats. 1901, p. 500; unconstitutional. See note, § 5 ante.

2. Added by Stats. 1905, p. 707; the code commissioner saying, "This section is a codification of § 6 of the statute of 1871-72, p. 403, above referred to." See ante, Legislation § 1510.

§ 1511b. To view the body. After the jury have been sworn and charged by the coroner, they must go together with the coroner to view and examine the body of the deceased person. They must not proceed upon the inquest until they have so viewed the body. After the jury have viewed the body, they may retire to any convenient place to hear the testimony of witnesses and deliberate upon their verdict. For this end the coroner may adjourn the inquest from time to time, as may be necessary.

Legislation § 1511b.

1. Addition by Stats. 1901, p. 500; uncon

stitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 708; the code commissioner saying, "S7 of the statute last referred to is codified in this section." See ante, Legislation §§ 1510, 1511a.

§ 1512. Witnesses. Coroners may issue subpoenas for witnesses, returnable forthwith, or at such time and place as they may appoint, which may be served by any competent person. They must summon and examine as witnesses every person who in their opinion, or that of any of the jury, has any knowledge of the facts, and may summon a surgeon or physician to inspect the body, or hold a post-mortem examination thereon, or a chemist to make an analysis of the stomach or the tissues of the body of the deceased, and give a professional opinion as to the cause of the death. [Amendment approved 1905; Stats. 1905, p. 708.]

Legislation § 1512. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 775); based on Coroner's Act, Stats. 1850, p. 265. § 7, the second sentence of which read, "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 may summon a surgeon or physician to inspect the body, and give a professional opinion as to the cause of the death."

2. Amendment by Stats. 1901, p. 500; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 708, adding, in second sentence, after "to inspect the body," "or hold a post-mortem examination thereon, or a chemist to make an analysis of the stomach or the tissues of the body of the deceased"; the code commissioner saying, "This provision is taken from §§ 1 and 2 of the statute of 1871-72, p. 403, above referred to." See Legislation §§ 1510, 1511a, 1511b. § 1513. Witnesses compelled to attend. A witness served with a subpoena may be compelled to attend and testify. or be punished by the coroner for disobedience, in like manner as upon a subpoena issued by a justice of the peace. [Amendment approved 1905; Stats. 1905, p. 708.]

Compelling attendance of witnesses: See ante, § 1330.

Legislation § 1513. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 776); in exact language of Coroner's Act, Stats. 1850, p. 265, § 8.

2. Amended by Stats. 1905, p. 708, inserting "be" before "punished by the coroner."

§ 1514. Verdict of jury in writing. What to contain. After inspecting the body and hearing the testimony, the jury must render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, or his death occasioned by the act of another, by criminal means, who is guilty thereof.

Legislation § 1514. Enacted February 14, 1872 (N. Y. Code Crim. Proc.. § 777); in substance the same as Coroner's Act, Stats. 1850, p. 265, § 9.

zances.

§ 1514a. Witness to be bound over, when. RecogniIf the jury find that a murder or manslaughter has been committed, the coroner may bind over the witnesses against the accused to appear and testify before the grand jury, or a magistrate, or the superior court, and to obey all orders of such magistrate or court in the premises. Such recognizance must be in writing and must be subscribed by the parties to be bound thereby, and made payable to the people of the state of California in an amount to be fixed by the coroner, and approved by a judge of the superior court; and in case of their refusal to sign such recognizance, the coroner has power to commit such witness as in the case of examination of an accused person by a magistrate.

Legislation § 1514a. 1. Addition by Stats. 1901, p. 500; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 708; the code commissioner saying. "This is a codification of § 15 of the statute of 1871-72 p. 403, relating to coroners."

§ 1515. Testimony in writing and where 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 forthwith filed by him, with the inquisition, and all recognizances taken by him, in the office of the county clerk. [Amendment approved 1905; Stats. 1905, p. 709.]

Legislation § 1515. 1. Enacted February 14 1872 (N. Y. Code Crim. Proc., § 778); based on Coroner's Act, Stats. 1850, p. 265, § 10. which had the words "district court" instead of "county court," as in original code section. When enacted in 1872, § 1515 read: "1515. The testimony of the witnesses examined before the coroner's jury must be reduced to writing by the coroner, or under his direction, and forthwith filed by him, with the inquisition, in the office of the clerk of the county court of the county."

2. Amended by Code Amdts. 1880, p. 35, changing "county court" to "superior court."

3. Amendment by Stats. 1901, p. 500; unconstitutional. § 5, ante.

See note,

4. Amended by Stats. 1905, p. 709, (1) adding, after "with the inquisition," the words "and all recognizances taken by him," and (2) changing "clerk of the superior court of the county" to "county clerk," at end of section.

§ 1516. Exception. If, however, the person charged with the commission of the offense is arrested before the inquisition can be filed, the coroner must deliver the same, with the testimony taken, to the magistrate before whom such person may be brought, who must return the same, with the depositions and statement taken before him, to the office of the clerk of the superior court of the county. [Amendment approved 1880; Code Amdts. 1880, p. 35.]

Legislation § 1516. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 779); based on Coroner's Act, Stats. 1850, p. 265, § 11, which had the words "district court" instead of "county court," as in original code section.

2. Amended by Code Amdts. 1880, p. 35, changing "county court" to "superior ocurt."

§ 1517. Coroner to issue warrant, when. If the jury find that the person was killed by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act is ascertained by the inquisition, and is not in custody, the coroner must issue a warrant, signed by him, with his name of office, into one or more counties, as may be necessary for the arrest of the person charged.

Legislation § 1517. Enacted February 14, 1872 (N. Y. Code Crim. Proc., § 780); in substance the same as Coroner's Act, Stats. 1850, p. 265, § 12.

§ 1518. Form of warrant. The coroner's warrant must be in substantially the following form:

County of

The People of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this State:

An inquisition having been this day found by a coroner's jury before me, stating that A. B. has come to his death by the act of C. D., by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded forthwith to arrest the above-named C. D., and take him before the nearest or most accessible magistrate in this county. Given under my hand this day of day of, A. D. eighteen [nineteen] E F, Coroner of the County of