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theless still considered by all writers on the subject, as part of the proper attendants upon the courts of Quarter Sessions ;* though it may be difficult perhaps to assign a sufficient reason for it now, since the preservation of the peace has ceased to be a part of their office; for it does not appear that they have any prescribed duty to perform there, except occasionally, in the capacity of Suitors, or of Defendants.

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Besides his fee of 13s. 4d, awarded by an Fees allowed ancient statute on every inquisition,† the by the sesCoroner is entitled, by a recent provision,‡ to “20s. more, (if not taken on a body dying in gaol,) and also 9d. for every mile he shall be compelled to travel from his usual place of abode, for the taking of every such inquisition; which sum shall be paid by order on the treasurer, by the justices in sessions, out of the county rates, for which order, no fee shall be paid; and for every such inquisition taken on a body dying in prison, he shall be paid so much as the justices in sessions shall allow, not exceeding 20s. to be paid in like manner.

"But no Coroner of the king's household, and of the verge of the king's palaces, nor any Coroner of the admiralty, nor any Coroner of the county palatine of Durham, nor any Coroner

*Dalt. c. 185.-Cro. Cir, Com. 34.

† 3 Hen. 7, c. 1.

‡ 25 Geo. 2, c. 29.

of the city of London and borough of Southwark, or of any franchises belonging to the said city; nor any Coroner of any city, borough, town, liberty, or franchise, not contributory to the rates directed by the 12 Geo. 2, c. 29, or within which such rates have not been usually assessed, shall be entitled to any fee given by this act: but it shall be lawful for all such Coroners as are last mentioned to receive all such fees and salaries as they were entitled to by law before this act, or as shall be given them by the person by whom they are appointed."

And unless the Coroner has taken an inquisition in due form, he is not entitled to any fees; for on a motion for a mandamus, to compel justices to pay to the Coroner the fees and travelling expences due to him, for taking four inquisitions upon four bodies cast by the sea upon the shore; it appeared that the papers, purporting to be inquisitions, were not inquisitions at all; as they were signed only by the Coroner and foreman of the jury. The principal question in the case was, whether, when the Coroner finds the body of a person manifestly drowned at sea, upon the shore, he may not take' an inquisition on the body? The Court inclined to the opinion that he could not, and it was said to be the usage to bury such bodies without any inquisition being taken; but without expressly determining this,

they said, that the first question which they had to decide, was, whether the Coroner had taken any inquisition at all? if he had not, he was not to be paid for what he had not done; this, therefore was an objection in limine to the application, for these enquiries not being signed by all the jurors, were not inquisitions.-Mandamus denied.*

And no Coroner of any liberty or franchise is entitled to any fees under this statute, unless such liberty or franchise be contributory to the county rates; for upon a mandamus to justices to make an order for payment of the fees and travelling expences of the Coroner of the liberty and franchise of the manner of Pontefract, in respect of certain inquisitions taken by him, THE COURT ordered the writ to be quashed, as it did not state, that the manor of Pontefract was contributory to the county rates, and consequently the justices had no authority by the stat. 25 Geo. 2, c. 29, to make any such order: and Lord. Kenyon, Ch. J. observed, that the prosecutor should have alleged in the writ, all those facts which were necessary to shew that he was entitled to the relief prayed, and that he had a right to call on the magistrates to do that, for the non-performance of which he sued out his compulsory writ.†

If the Coroner take any fees beyond what Extortion.

* Nolan's R. 144.

† 7 Term R. 52,

What it is,

are thus allowed by the law, he will be guilty of extortion.

This offence, so far as we are here concerned with it, is defined to be " the taking of money by any officer, by colour of his office, either when none is due, or not so much is due, or where it is not yet due." Thus a Gaoler obtaining money from his prisoner, or a churchwarden from the parishioners, under colour of their respective offices, have been determined to be guilty of extortion.† And an Under-Sheriff refusing to execute process before his fees were paid, has been held guilty of requiring what was not yet due. These instances are sufficient to show how a Coroner may become guilty "of this offence. The statute of Edward I. before noticed, which was made in affirmance of the common law, declares it to be extortion of any Sheriff, or other minister of the King,whose office any way concerns the administration or execution of justice, or the common good of the subject, to take any reward, except what he receives from the King."

Punishment At common law, such offences were severely punishable by fine and imprisonment, and removal from office; but by the statute just referred to, extortion in Sheriffs, Escheators, Bailiffs, Gaolors, King's Clerks of the markets,

* Co. Lit. 368.

† 8 Mod. Rep. 226.-Siderfin. 307,

Salk. 330.

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and other inferior ministers and officers of the king, whose offices do any way concern the administration or execution of justice," &c, are declared to be moreover punishable by "yielding twice as much" (as each of such persons. may have received, and to the party having paid it,) beside the former punishment according to the common law.*

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By the express words of their commission, Sessions the Justices in Session have cognizance of this have cognioffence of extortion; therefore, as has been ob-tortion. served, the Coroner must be a suitor to this court for his legal and authorized fees, and may appear before them as a culprit, if he require† more than the law allows; and let it be observed, that all who aid in, or contribute to the offence, are equally principals; for there are no accessaries in extortion.4

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The indictment must state the fact partiou The Indictlarly, and the time when committed; but the magnitude of the sum is immaterial, for be it ever so small, it is equally an offence, which consists in the mere taking, not in the value of the contract.

Little remains to be noticed respecting the superintendance of the Sessions over the conduct of Coroners, and that little arising out

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