NOTE.

court of quarter sessions cannot refer a matter over which it has jurisdiction to the determination of other persons; but it may, by consent of parties, refer it to any person to examine, and make a report to the court for its determination. R. v. Harding, 2 Salk. 477. The sessions may, by the common law, proceed to outlawry in cases of indictments found before them. 2 Hawk. c. 8, s. 32. They cannot award an attachment for a contempt in not complying with their order, 2 Hawk. c.8, s. 33; neither can they amerce a justice of the peace for nonattendance thereat; and it seems, that if one justice at sessions use expressions toward another, for which, if he were a private person, he might be committed, or bound to his good behaviour, the sessions have no authority so to do; although one justice may, on proper occasions, compel any other justice to find surety of the peace. 2 Hawk. c. 8, s. 17. The court of quarter rules of prac- sessions has a discretionary power to make rules for the governance of the practice at sessions; but the court of King's Bench, for the purposes of justice, will interfere to control that discretion. R. v. J. J. of Essex, 2 Chit. 385; R. v. J. J. of Wilts, 10 East. 404; R. v. J. J. of Lancashire, 7 B. & Cr. 692; and such rules of practice will not control the express words of an act of parliament. R. v. J. J. of Lincolnshire, 3 B. & Cr. 548.

May make

tice.

Of adjournment.

The court of sessions, when regularly opened, can only be continued by adjournment; in the entry of which it ought to appear when the original session commenced, 2 Hawk. c. 8, s. 14; but the continuance of the session from day to day need not be particularly set out; for the session, while it continues, is considered in law as one day, Id ibid.; and for the same reason, justices may alter their judgment at any time during the sessions. R. v. J. J. of Leicestershire, 1 M. & S. 442. An adjournment of sessions must be made by the same number of justices as is necessary to hold a session, R. v. Westrington, 2 Bott's, P. L. 733; and cannot therefore, be made by the crier alone, without the presence of any of the justices. When the quarter sessions met and sent up bills of indictment to the grand jury, and then adjourned to the following day, on which, and the day subsequent, the court was adjourned by the crier; after which, on the third day, the justices reassembled and tried the prisoner; it was held that a conviction so obtained was invalid; and although the court of King's Bench, on motion of the prisoner, ordered a record of the proceedings at such lapsed sessions to be made up, the justices at the Old Bailey sessions, before whom the prisoner was arraigned and tried upon a plea of auterfois convict, held that this record did not support the plea. R. v. J. J. of Middlesex, 5 B. & Adol. 1113; R. v. Bowman, 6 C. & P. 337.

CHAPTER VII.

OF THE COURT OF THE CORONER.

coroner

4 Edw. 1, stat. 2, Eng. (a) A coroner of our lord the Of what a king ought to inquire of these things: first, when coroners are ought to commanded by the king's bailiffs, or by honest men of the inquire. country, they shall go to the places where any be slain, or suddenly dead or wounded, or where houses are broken, or where treasure is said to be found, and shall forthwith command four of the next towns, or five or six, to appear before them in such a place; (2) and when they are come thither, the How he shall coroner, upon the oath of them shall inquire in this manner, death. inquire of a that is to wit, if it concerns a man slain, whether they know where the person was slain, whether it were in any house, field, bed, tavern, or company, and if any and who were there: Likewise it is to be inquired who were, and in what manner, culpable, either of the act, or of the force, and who were present, either men or women, and of what age soever they be (if they can speak or have any discretion); (3) and how many soever be found culpable by inquisition in any of the manners aforesaid, they shall be taken and delivered to the sheriff, and shall be committed to the gaol; (4) and such as be founden, and be not culpable, shall be attached until the coming of the justices; and their names shall be written in the roll of the coroner. (5) If it fortune any such man be slain in the fields or woods, and be there found; first, it is to be inquired, whether he was slain there or not; (6) and if he were brought and laid there, they shall do so much as they can to follow their steps that brought the body thither, or of the horse which brought him, or cart, if perchance he was brought upon a horse or cart: (7) it shall be inquired also if the dead person were known, or else a stranger, and where he lay the night before; (8) and if If any be there be any who are said to be guilty of the murder, the coro- the coroner implicated, ner shall immediately go unto their house, and shall inquire shall inquire what goods they have, and what corn they have in their of their goods

(a) Entitled "A statute de officio coronatoris." This statute is altogether directory, and in affirmance of the common law, and does not restrain the coroner from any branch of his power, nor excuse him from the execution of any part of his duty not mentioned in the statute, and which was incident to his office at common law. 3 Inst. 52, 2 Hawk. c. 9, s. 21.

and lands.

4 E. 1. st. 2.

Of sudden deaths.

graunge; and if they be freemen, they shall inquire how much land they have, and what it is worth yearly; and further what corn they have upon the ground. (9) And when they have thus enquired upon every thing, they shall cause all the corn and goods to be valued, and the land to be extended, so that they may be sold incontinently; and thereupon they shall be delivered to the whole township, which shall be answerable before the justices for all; (10) and likewise of his freehold, how much it is worth yearly over and above the service due to the lords of the fee; and the land shall remain in the king's hands, until the lords of the fee have made fine for it. (11) And immediately upon these things being inquired, the bodies of such persons being dead or slain shall be buried (a).

2. In like manner it is to be inquired of them that be drowned, or suddenly dead; and after it is to be seen of such bodies, whether they were so drowned, or slain, or strangled by the sign of a cord tied streight about their necks, or about any of their members, or upon any other hurt found upon their bodies, whereupon they shall proceed in the form above said; (2) and if they were not slain, then ought the coroner to Examination attach the finders, and all other in the company (b)........(10) Also of wounds. all wounds ought to be viewed, the length, breadth, and deepness, and with what weapons the wound is given, and in what part of the body the wound or hurt is, and how many be culpable, and if there are many wounds, who gave each particular wound. (11) All which things must be inrolled in the roll of the coroners.... (13) Concerning horses, boats, carts, and mills, whereby any are slain, that properly are called deodands, they shall be valued and delivered unto the towns, as before is said. (14) Concerning wreck of the sea, wheresoever it be Of deodands. found, if any lay hands on it, he shall be attached by sufficient pledges, and the price of the wreck shall be valued and delivered to the towns. (15) If any be suspected of the death of any man being in danger of life, he shall be taken and Hue and cry. imprisoned, as before is said. (16) In like manner, huy shall be levied for all murthers, burglaries, and for men slain, or in peril to be slain, as otherwhere is used in England, and all shall follow the huy and steps as near as can be; and he that doth not, and is convict thereupon, shall be attached to be afore the justices of the gaol, &c.

Coroners

shall inquire of persons murdered

3 Hen. 7, c. 1 Eng.... (13) (pars.) That every coroner exercise and do his office according to the law as is afore rehearsed.... (20) And if any person be slain or murdered in the day, and the murderer scape untaken, that the township where the

(a) This inquiry as to the lands and goods is rarely if ever attended to in practice.

(b) Subsection 3, applies merely to treasure trove, and the remaining subsections to the 10th, and also the 12th to appeals, which have been abolished by the act 59 Geo. 3, c. 46, ante 283.

return their

said deed is so done, be amerced for the said escape, and that the 3 H. 7, c. 1. coroner have authority to inquire thereof upon the view of the body dead; (21) and also justices of peace have power to in- and shall quire of such escapes, and that to certify before the king in his inquisitions. bench; (22) and that after the felony found, the coroners deliver their inquisitions afore the justices of the next gaol delivery, in the shire where the inquisition is taken, the same justices to proceed against such murderers, if they be in the gaol, or else the same justices to put the same inquisitions afore the king in his bench. (23) And forasmuch as coroners had not nor ought to have any thing by the law for their office doing, which ofttime hath been the occasion that coroners have been remiss in doing their office; (24) it is ordained, that a coroner have for his fee upon every inquisition taken upon view of the body slain, xiiis. ivd. of the goods and chattels of him that is the slayer and murderer, if he have any goods, and if he have no goods, then the coroner have for his said fee, of such amerciaments as shall fortune any township to be amerced for escape of such murderer as is aforesaid. (25) And if any coroner be remiss, and make not inquisitions upon the view of the body dead, and certify not according as is afore ordained, that the coroner for every default forfeit to the king an hundred shillings.

on second

32 Hen. 6, c. 2—[Recites the misconduct of coroners in detaining jurors after giving their verdict, in cases of persons suspected to have been feloniously slain.] That if by their Jury shall be oath they [the jurors] say that they do not know the felon, that discharged, if, the coroners shall give them another reasonable day; and if they day, they say say at the second day the same verdict, that then the said coro- they know ners shall discharge the said people. And if they will not, that not the felon. it shall be lawful for them to depart, and to go to their houses without any impeachment of the king, or any of his officers or ministers. And that done, that the justices nor none of them shall put any habeas corpora for the same jurours, nor any special venire for the same matter(a).

4 Geo. 4, c. 52(b), s. I.-Whereas it is expedient that the The remains laws and usages relating to the interment of the remains of of persons found felo de persons against whom a finding of felo de se shall be had, se shall be should be altered and amended: Be it &c., that from and after privately buried in the the passing of this act, it shall not be lawful for churchyard at night.

any coroner

· (a) The practical interpretation of this ancient statute seems to be ;-that if the coroner, upon view of the body, shall believe that a murder has been committed, he shall not discharge the jury upon the first day of the inquest, even though no evidence to implicate any individual should be given ; but it shall be adjourned to another day, when, if no further evidence be offered, the jury shall be discharged.

(b) Entitled" An act to alter and amend the law relating to the interment of the remains of any person found felo de se."

4 G. 4, c. 52.

Rites of
Christian

or other officer having authority to hold inquests, to issue any warrant or other process directing the interment of the remains of persons, against whom a finding of felo de se shall be had, in any public highway; but that such coroner or other officer shall give direction for the private interment of the remains of such person felo de se, without any stake being driven through the body of such person, in the churchyard or other burial ground of the parish or place in which the remains of such person might by the laws or custom of England be interred, if the verdict of felo de se had not been found against such person; such interment to be made within twenty-four hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night.

2. Provided nevertheless, that nothing herein contained shall authorize the performing of any of the rites of Christian burial not to burial on the interment of the remains of any such person as be performed. aforesaid; nor shall any thing hereinbefore contained, be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial ground, at such time and in such manner as aforesaid.

Duty and power of coroners upon inquests.

9 Geo. 4, c. 54, s. 4.-That every coroner, upon any inquisition taken before him, whereby any person shall be indicted for manslaughter or murder, or as an accessory to murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material; and shall have authority to bind by recognizance all such persons as know or declare any thing material touching the said manslaughter or murder, or the said offence of being accessory to murder, to appear at the next court of oyer and terminer or gaol delivery, or other court at which the trial is to be, then and there to prosecute or give evidence against the party charged; and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the proper officer of the court in which the trial is to be, before or at the opening of the

court.

Courts may 5. That if any justice or coroner shall neglect or offend in fine justices and coroners any thing contrary to the true intent and meaning of any of for neglect. the provisions of this act, it shall be lawful for the court to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition ought to have been delivered, and such court is hereby authorized and required, upon examination and proof of the offence, in a summary manner to set such fine upon every such justice or coroner as the court shall think meet.

Those provisions shall apply to all justices and

coroners.

6. That the provisions of this act relating to justices and coroners shall apply to the justices and coroners not only of counties at large, but also of all other jurisdictions.