FREE BOOKS

Author's List




PREV.   NEXT  
|<   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315  
316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   340   >>   >|  
te p: Mirr. c. 1. Sec. 3. 2 Inst. 175.] [Footnote q: 2 Inst. 210.] [Footnote r: Stat. 25 Geo. II. c. 29.] THE coroner is chosen for life: but may be removed, either by being made sheriff, or chosen verderor, which are offices incompatible with the other; or by the king's writ _de coronatore exonerando_, for a cause to be therein assigned, as that he is engaged in other business, is incapacitated by years or sickness, hath not a sufficient estate in the county, or lives in an inconvenient part of it[s]. And by the statute 25 Geo. II. c. 29. extortion, neglect, or misbehaviour, are also made causes of removal. [Footnote s: F.N.B. 163, 164.] THE office and power of a coroner are also, like those of a sheriff, either judicial or ministerial; but principally judicial. This is in great measure ascertained by statute 4 Edw. I. _de officio coronatoris_; and consists, first, in enquiring (when any person is slain or dies suddenly) concerning the manner of his death. And this must be "_super visum corporis_[t];" for, if the body be not found, the coroner cannot sit[u]. He must also sit at the very place where the death happened; and his enquiry is made by a jury from four, five, or six of the neighbouring towns, over whom he is to preside. If any be found guilty by this inquest of murder, he is to commit to prison for further trial, and is also to enquire concerning their lands, goods and chattels, which are forfeited thereby: but, whether it be murder or not, he must enquire whether any deodand has accrued to the king, or the lord of the franchise, by this death: and must certify the whole of this inquisition to the court of king's bench, or the next assises. Another branch of his office is to enquire concerning shipwrecks; and certify whether wreck or not, and who is in possession of the goods. Concerning treasure trove, he is also to enquire who were the finders, and where it is, and whether any one be suspected of having found and concealed a treasure; "and that may be well perceived (saith the old statute of Edw. I.) where one liveth riotously, haunting taverns, and hath done so of long time:" whereupon he might be attached, and held to bail, upon this suspicion only. [Footnote t: 4 Inst. 271.] [Footnote u: Thus, in the Gothic constitution, before any fine was payable by the neighbourhood, for the slaughter of a man therein, "_de corpore delicti constare oportebat; i.e. non tam fuisse aliquem in territorio is
PREV.   NEXT  
|<   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315  
316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337   338   339   340   >>   >|  



Top keywords:

Footnote

 

enquire

 

statute

 

coroner

 

office

 

certify

 
murder
 
judicial
 

treasure

 

sheriff


chosen

 

preside

 

assises

 

shipwrecks

 

branch

 

Another

 

prison

 

deodand

 

possession

 
chattels

forfeited

 

accrued

 

inquisition

 

inquest

 

franchise

 

commit

 

guilty

 

taverns

 
payable
 

neighbourhood


slaughter

 

constitution

 

Gothic

 

corpore

 

fuisse

 
aliquem
 

territorio

 

delicti

 

constare

 

oportebat


suspicion

 
perceived
 

liveth

 

concealed

 

finders

 

suspected

 
riotously
 

haunting

 

attached

 
Concerning