INQUEST (OP. engin sir, Fr, enquite, from inquistn, from Lat, inquisita, p.p, fem. sg. of ingnirerc, to inquire, from in, in to searell). A judicial proceeding for the pur pose of inquiring into or investigating the faits and eireunistances of a part billar matter by a jury specially SIIMInoneti for the purpose.
The term is applied to several special pro. ceedings differing widely in the nature of the purposes for which they are instituted.
One of the most ancient uses of the word was as applied to a coroner's investigation. In such a case there is no clement of contest, as the only object of the inquest is to gain information, and the person or persons under suspicion are not permitted to enter it formal defense. A later employment for the term was to an inquiry into the age of an heir who claimed his intieritaliCe upon majority, but this practice has fallen into disuse.
At a still later date the word was applied to the proceedings before a sheriff, where he was directed by the court to summon a jury and ascertain the amount of damages suffered by ccuiplainant, where the defendant had failed to appear or to put in a defense. (See DEFAll.T.
on such aai inquest the defendant might appear and cross-examine the plaintiff's witnesses, ns well as bring witnesses in his own behalf to contradict the adverse testimony. This practice prevails to-day in some jurisdictions. but in New York and a few other States such an is taken before the court and by any jury in at tendance for the trial of causes. The plaintif is required to introduce testimony tending to establish his cause of action is well as his damages, but no affirmative defense is permitted.
The term is further employed to deseribe the proceedings before a sheriff upon an attachment. replevin, or garnishment of property. when he munitions a jury to determine whipl claimant is entitled to the property. such a finding is not conclusive if the merits of the action, but award. the present possession of the properly.