of special directions on this subject, elicited from Graham (Baron) in his charge to the Grand Jury at Lincoln summer assizes, 1814, by circumstances which it is not necessary to advert to, wherein he reprobated in strong terms the appointment of deputies by Coroners, who are ignorant of the law. The office is a judicial one, and it may be a matter of serious enquiry how far it ought to be executed by deputy; at all events, it should be by those ...who are appointed to similar duties elsewhere; who,it is to be presumed are equally skilful in the subjects to be considered.

Coroner not being able to view the

body.

Cases may occur also, where the conduct of the Coroner may become the subject of enquiry, respecting the proper execution of his duty, relative to his viewing the dead body.

He can only take his inquisition of death
Tupon actual view, and not otherwise," but he
is, generally speaking, authorized to take such
view any time within fourteen days, even tho'
the body should have been interred.* Yet there
may be instances, in which such exercise of his
authority would be improper, as in those of sud-
den death accompanied by infectious disease. In
such, and the like cases, the enquiry becomes
one of the duties of Justices of the Peace, to
whom it ought to be referred "to enquire of
the death," as a view of the body is not neces-
sary to their
process.†

* 2 Hawk. c. 9.-Bro. Coron. 167.
† 5 Co. Rep. 110.-Hale's Pl. 170.

In such intances; however, the investigation of the Coroner's conduct becomes a very proper subject for the Court of Session of the Peace, (as otherwise bodies may be interred under suspicious circumstances, and frivolous pretences, without either his authority, or that of Justices) and points out the benefit, at least, of his attendance upon the Court, even though the neces¬ sity for it be strictly confined the limits before mentioned.*

Indictment of a Coroner for refusing to take an'

Inquistion. non pene p

* It may be a subject not unworthy further investigation, especially after the notice taken of it by the judge already mentioned, how far a Coroner bught, in any instance, to ấppoint a deputy! ***

As a general rule, it may be observed, that judicial duties cannot be deputed; and it does not appear why such a rule should be departed from in the instance of a Coroner, on account of any inconvenience that could ensue; for we may observe, from what has just been laid down, that the Justices have a jurisdiction over the subject, to be exercised in cases to which the Coroner's cognizance does not extend, and that not by way of appeal from his judgment, but an original one; therefore it should seem there need not in any instance be any failure of justice e from the inability of the Cornoner to attend.~How far, and in what mode, justices may be compele

X9 66

of our Sovereign Lord George, &c. &c. one A, B. at in the said county of wa "drowned and suffocated in a certain pond, and of that drowning and suffocating then and "there died; and that the body of the said A. B. at aforesaid, in the county aforesaid, lay dead, of which one C. D, late of in lay dead, — the county aforesaid, gentleman, afterwards, to wit, on the said day of ——— in "the year aforesaid, then being one of the Coroners of our said Lord the King for the county aforesaid, at aforesaid, had "notice; nevertheless the said C. D. the duty of his office in that behalf

66

66

0.6

not regarding, afterward, to wit, on the said

in the year aforesaid,

1970

at

day of

'afore

"said in the county aforesaid, to execute his "office of and concerning the premises, and to "take inquisition for our said Lord the King, according to the laws and custom of the realm, unlawfully, obstinately, and contemptuously, "did neglect and refuse, and that the said C. "D. no inquisition in that behalf as yet hath "taken, to the great hindrance of justice, in " contempt of our said Lord the King and his "laws, and against the peace, &c.

3

lable to give their services on such occasions, is a subject not 2 within the limits of the present enquiry; but, that they may legally, seems to be as unquestionable, as that they may profitably do it.1 Hale's Hist. 414.

137

GAOLERS are the next in order of officers Gaolers. whose attendance upon the Courts of Quarter Sessions is necessary; under 69 under which denomi

nation are comprehended all persons who have the custody or superintendance of the prisons, to which the jurisdiction and cognizance of the Sheriff, or the Justices, of the county, extend; whatever may have been the usual title or appellation by which any of such Gaolers may have been distinguished.

Their principal business is to bring the prisoners in custody who are to take their trials; vagrants who have been committed, and are either to be discharged or further imprisoned; to receive the passes of such as are to be carried to their respective places of settlement; and to take charge of such other prisoners as may be committed to their custody by the court.

J

But there are other duties also prescribed by divers acts of parliament. For example, "if the master of every house of correction shall not at every Quarter Session, yield a true account of all persons that have been committed to his custody; or if any person committed to his custody shall be troublesome to the county, by going abroad, or otherwise shall escape away from such house of correction before he shall be lawfully discharged therefrom, the Justices in such Session shall set such fine upon him as F 3

{:་:

they think fit, to be paid to the treasurer.*" And by another statute, the Justices in Sessions are required to call upon the Keeper of every house of correction within their jurisdiction, to produce to them in writing a list of the several persons then in their custody, with a description of the offence, and the time for which committed, distinguishing particularly those who by warrant of commitment are to be kept to hard labour, and also distinguishing the age and sex of every such person committed to hard labour, and in what trade or business he hath been employed, and what he hath been most accustomed to, and is best qualified for, and how he has behaved during his confinement. And by a still more recent statute‡ “every Gaoler shall at the Michaelmas Quarter Session, yearly, deliver a certificate, signed and verified on oath before such court, (or in case of sickness or inability before a justice) expressing (after each of certain provisions there enumerated and which are directed by previous statutes§) whether such provision is, or is not, complied with, or observed, within such gaol, and such certificate shall be read publicly in open court, in the presence of the Grand Jury, and entered on the records of the Sessions." And the Justices are

*7 Jac. 1, c. 4.

† 22 Geo. 8, c. 64.

29 Geo. 3, c. 67.

§ See Pract. Expos. Tit. GAOLER, Sect. 2.