INQUEST

1. A body of men appointed by law to inquire into certain matters. grand jury is sometimes called the "grand inquest." 2. The judicial inquiry made by a jury summoned for the purpose is called an "in- quest." The finding of such men, upon an investigation, is also called an "inquest." 3. The inquiry by a coroner, termed a "coroner's inquest," into the manner of the death of any one who has been slain, or has died suddenly or in prison. 4. This name is also given to a species of proceeding under the New York practice, al- lowable where the defendant in a civil action has not filed an affidavit of merits nor verified his answer. In such case the issue may be taken up, out of its regular order, on plain- tiff's motion, and tried without the admission of any affirmative defense. An inquest is a trial of an issue of fact where ; the plaintiff alone introduces testimony. The de- fendant is entitled to appear at the taking of the inquest, and to cross-examine the plaintiff's wit- nesses; and, if he do appear, the inquest must be taken before a jury, unless a jury be expressly waived by him. 6 How. Pr. 118.

1. A body of men appointed by law to inquire into certain matters. ‘The grand jury is sometimes calied the “grand: inquest.” 2. The judicial inquiry made by a jury summoned for the purpose is called an “inquest.” The finding of such men, upon an investigation, is also called an “inquest.” People v. Coombs, 36 App. Div. 284, 55 N. Y. Supp. 276; Davis v. Bibb County, 116 Ga. 23, 42 Ss. E. 403. 3. The inquiry by a coroner, termed a. “coroner’s inquest,” into the manner of the death of any one who has been slain, or has. died suddenly or in prison. 4. This name Is also given to a species of proceeding under the New York practice, allowable where the defendant in a civil action has not filed an attidavit of merits nor verified his answer. In such case the issue may be taken up, out of its regular order, on plaintiff’s motion, and tried without the admission of any affirmative defense. An inquest is a trial of an issue of fact where the plaintiff alone introduces testimony. The defendant is entitled to appear at the taking of the inquest, and to cross-examine the plaintiff’s witnesses: and, if he do appear, the inquest must be taken before a jury, unless aoe be: expressly waived by him. Haines v. Davis, 6 How. Prac. (N. Y.) 118. —Coroner’s inquest. See CORONER.—Inquest of lunacy. See PUNSCT maquest of office. In English practice. An inqu made made by the king's (or queen’s) officer, his sheriff, coroner, or escheator, virtute officti, or by writ sent to them for that purpose, or by commissioners specially appointed, eoncerning any

(661) INNUENDO, (defined). 1 Blatchf. (U. S.) 588; 8 Ala. 466; Minor (Ala.) 93; 4 Conn. 17, 34; 4 Ν. Η. 110, 113; 3 Gr. (N. J.) 249; 2 Harr. (N. J.) 15; 1 Den. (N. Y.) 347; 16 Wend. (N. Y.) 17; Wright (Ohio) 121; 8 Wheel. Am. C. L. 124. (what is). 12 Conn. 290. (office of). 2 Harr. & J. (Md.) 363; plaintiff, and a trial had, in which no affirm ative defence is admitted. This proceeding is authorized where the defendant has failed to file an affidavit that he has a good defence upon the merits, and has also failed to verify his answer. (N.Y. Code Civ. Pro. 2 Hill (N. Y.) 507; 15 Wend. (N. Y.) 232; 118980.) The defendant may appear, and Serg. & R. (Pa.) 343; 1 Ld. Raym. 256; 1 Saund. 243 п. (effect of). 16 Wend. (N. Y.) 22. of). (distinguished from "colloquium"). Am. Dec. 349 n.; 7 Johns. (Ν. Υ.) 359. (defect not supplied by). 2 Hill (N. Y.) 318; 5 Johns. (N. Y.) 430, (words uncertain not supplied by). 4 (in a declaration). 4 Co. 17; Cro. (in an information for libel). 2 Cowp. Com. Dig. 683. Jac. 126. 679. Salk. 513. (in an information for perjury). 2 - NORMAN-FRENCH: enqueste, from enquere, to inquire into. Britt. 3b. 1. Originally meant the same as inquisition (q. v.), (Littleton (368) also uses it in the sense of "jury"), but at the present day it is usually used to signify an inquiry held by a jury before a coroner, as to the death of a person who has been slain, or has died suddenly, or in prison, or under suspicious circumstances. It is held super visum corporis, i. e. after the jury have viewed the body of the deceased, and the evidence is given on oath. If the jury, by their verdict or inquisition, find a person guilty of murder or other homicide, such an inquisition is, in England, in all respects equivalent to an indictment (q. v.), (2 Steph. Com. 637; 4 Id. 360; Archb. Cr. Pl. 121); but such is not the case in America. See CORONER, § 1. 22. The term "inquest" is also applied to a proceeding allowed in New York, by which, upon an issue of fact in an action at common law, a cause may be taken up out of its regular order, on motion of the object to the evidence offered by the plaintiff, except to rulings of the court, and crossexamine the plaintiff's witnesses; but he cannot introduce testimony on his own behalf, nor make out, even by cross-examination, an affirmative defence. The name "inquest" is also given, though perhaps incorrectly, to a trial, upon the default of the defendant in failing to appear when the cause is called in its order for trial; even where, a jury being held to be waived by the defendant's failing to appear, such trial is had before the court without a jury. But, in the strict meaning of the word, an "inquest" seems to imply the summoning and action of a jury. Abbott. 3. A grand jury is also sometimes called the "grand inquest." INQUEST, (defined). 6 How. (N. Y.) Pr. 119 INQUEST OF OFFICE, or simply "office," as it is termed in the old books, is a prerogative remedy for the benefit of the sovereign, which was formerly much in use. It is an inquiry made by a jury before a sheriff, coroner, escheator, or other government officer, or by commissioners specially appointed, concerning any matter that entitles the sovereign to the possession of lands or tenements, goods or chattels, e. g. by reason of an escheat, forfeiture, idiocy, &c. (See INQUISITIO POST MORTEM; INQUISITION.) In England, these offices are of two sorts, either of entitling, or of instruction. 22. Office of entitling. An office of entitling (which formerly issued out of Chancery,) is used where the crown does not become entitled to the property until after an office has been taken (Chit. Prerog. 246); thus, if the crown claims the land of an idiot, the person must first be found an idiot by office. (Id. 250; Staunf. 55.) Formerly in cases where the crown became entitled to the possession of land under such circumstances that a common person could not have obtained possession without making an entry on the land (as where a tenant committed a forfeiture giving the lord a right of re-entry), the crown could not obtain possession without an inquest of office. This, however, is no longer necessary. Stat. 22 and 23 Vict. c. 21, § 25.

Inquiry; quest; search. [R.] Spenser. The laborious and vexatious inquest that the soul must make after science. South. Judicial inquiry; official examination, esp. before a jury; as, a coroner's inquest in case of a sudden death. A body of men assembled under authority of law to inquire into any matterm civil or criminal, particularly any case of violent or sudden death; a jury, particularly a coroner's jury. The grand jury is sometimes called the grand inquest. See under Grand. The finding of the jury upon such inquiry. Coroner's inquest, an inquest held by a coroner to determine the cause of any violent, sudden, or mysterious death. See Coroner. -- Inquest of office, an inquiry made, by authority or direction of proper officer, into matters affecting the rights and interests of the crown or of the state. Craig. Bouvier.

A formal investigation, often held before a jury, especially one into the cause of a death | An inquiry, typically into an undesired outcome | The jury hearing such an inquiry, and the result of the inquiry | enquiry; quest; search | Prosecutorial proceeding on whether or not a warrantless arrestee is charged with an offense.