17 & 18 Geo. 3. c. 28. in charge to the grand juries of the several counties and cities in their respective circuits: and by s. 2. & 3. they are empowered, in case of the grand juries neglecting to make such presentments as they are required to do by these acts, to impose such fine not exceeding £500. on such counties or counties of cities as to them shall seem just; such fine to be laid on, applotted, and levied in like manner as other presentments, and to be applied to the repair or enlargement of such gaol or for providing necessary accommodations. gaols. The 11 & 12 W. 3. c. 19. Eng. and 24 Geo. 3. st. 2. Building of c. 54. Eng. authorize justices of the peace, upon the presentment of grand juries at assizes, great sessions, or general gaol delivery, to contract for the building, rebuilding, repairing and enlarging gaols at the expense of the respective counties, to be defrayed out of the county rates. And by the 7 Geo. 3. c. 4. Ir. 23 & 24 Geo. 3. c. 41. Ir. 26 Geo. 3. c. 45. Ir. and 36 Geo. 3. c. 55. Ir. the grand juries of the several counties in Ireland, are authorized to raise such sums upon the respective counties, as shall be necessary for paying the rent of gaols, or for building, rebuilding, repairing, or enlarging gaols or bridewells. The presentment for building new gaols is limited to £1000. at each assizes, by the 39 Geo. 3. c. 55, Ir. By the 6 Geo. 1. c. 10. s. 10. Ir. grand juries Gaolers salary. are also empowered to present any sum not exceeding coroners. £10. per annum to the gaoler of each county in Ireland. II. Next as to the office of coroners, it is provided $ 2. by the 3 Edw. 1. c. 10. E. & I. that through all the shires Appointment of sufficient men shall be chosen to be coroners of the most wise and discreet knights, best skilled and willing and E. & L. able to attend to such office; and that such shall lawfully attach, and present pleas of the crown. This act also 3 Edw. 1. c.10. E. & L. directs that sheriffs shall have counter-rolls with the coroners, as well of appeals, as of inquests of attachments or of other things which belong to said office. And by the 14 14 Edw. 3. c.8. Edw. 3. c. 8. E. & I. no coroner shall be chosen, unless he have land in fee in the county, sufficient to answer all people. The 28 Edw. 3. c. 6. E. & I. also ordains that 28 Edw. 3. c. 6. all coroners of counties shall be chosen in the full counties by the commons of the same, of the most meet and E. & I. most Their duties. 4 Edw. 1. st. 2. E. & L. most lawful people that shall be found in the said counties, to execute the said office, saying to the king and other lords which ought to make such coroners their seigniories and franchises. The several duties of coroners are particularly enumerated by the statute de officio coronatoris 4 Edw. 1. st, 2. E. & I. which directs that the coroner shall go upon the information of bailiffs or other honest men of the county, to the places where any are killed, or suddenly dead, or wounded, where houses are broken, or treasure is found, and shall forthwith command four, five, or six of the next towns to appear before him in such a place, and there to inquire upon their oaths, whether they know where the person was killed, whether in a house, field, bed, tavern, or in company, and who that company were, likewise who were guilty of the act or of the force, and who were present, whether men or women, and of what age they were, whether they could speak or had discretion, that those that be found guilty by the inquisition in this manner be taken and delivered to the sheriff and committed to gaol, and those that be discovered but not found guilty be attached until the coming of the justices, and their names be written in rolls. If any man be slain suddenly who is found in the fields or in the woods, first it is to be seen whether he were slain in the same place or not, and if he were brought there they shall do as much as they can to follow their steps that brought him. It shall be inquired also if the dead person be known, and where he lay the night before, and if any be found guilty of the murder, the coroner shall immediately go to his house, and inquire what goods he hath, and what corn in his grange; and if he be a freeman he shall inquire how much land he hath, and what it is worth yearly, and what crop he hath upon the ground; and shall cause the land, corn, and goods to be valued as if for sale, and delivered to the township, which shall be answerable for them before the justices; and the lands shall remain in the king's hands until the lords of the fee have made fine for it; and these things being inquired the body shall be buried. And by s. 2. it is in like manner to be inquired of them that be drowned, or suddenly slain, whether they they were drowned, slain, or strangled, by the sign of the cord about their necks or other parts, or any other hurt found upon their bodies, and if any such person be not slain, the coroner shall yet attach the finder and all other in the company. By this section of the act the coroner is also directed to inquire of treasure found, who were the finders, and who is suspected thereof (which may be well perceived when one liveth riotously, haunting taverns, and hath done so of long time) and thereupon he may be attached for this suspicion by 4 or 6 or more pledges. Further if any be appealed of rape, he must be attached if the appeal be fresh, and they see an apparent sign by effusion of blood or an opening made, and such shall be attached by 4 or 6 pledges if they be found, but if the appeal were without any manifest sign, 2 pledges shall be sufficient. Upon appeal of wounds, especially if the wounds be mortal, the parties appealed shall be taken, and kept until it be known whether he that is hurt shall recover or not; and if he die the defendants shall be kept; and if he recover they shall be kept by 4 or 6 pledges, if it be of a maim he shall find more than 4 pledges, if it be of a small wound 2 pledges shall suffice; also all wounds ought to be viewed, the length, breadth, and depth, and with what weapons, and in what part of the body the wound is, and how many be guilty, and how many wounds there be, and who gave them; all which things shall be inrolled in the roll of the coroners: moreover, if any be appealed as principal, they that be appealed of the force shall be attached also, and kept until the principal be attainted. Concerning horses, boats, carts and mills, whereby any are slain, that are properly called deodands (bani) they shall be delivered unto the townships as aforesaid. Concerning wreck of the sea, if any lay hand on it he shall be attached by pledges, and the wreck shall be valued and delivered to the towns. Hue and cry shall be raised in all cases of murder, burglary, or of men slain or in peril of death, as was the custom; and all that shall not follow the hue and cry as near as can be, shall be attached to be before the justices of gaol delivery. The 3 Hen. 7. c. 1. 3 Hen. 7. c. 1. c. 1. E. & I. also enacts, that where any person is slain or E. & L. e. 13. s. 5. Eng. e. 18. s. 1. Ir. murdered, and the murderer escaped, the township where the deed was done shall be amerced, and the coroners shall inquire thereof upon view of the body; and after the felony found the coroners shall deliver their inquisitions before the justices of the next gaol delivery for the shire where the inquisition was taken; and that for any default in these respects the coroner shall forfeit to the 1&2Ph.&Mar. the king 100s. The 1 & 2 Ph. & Mar. c. 13. s. 5. Eng. 10 Car. 1.st. 2. requires every coroner upon any inquisition before him found, whereby any person shall be indicted for murder or manslaughter, or as accessary to the same before such murder, &c. committed, to put in writing the effect of the evidence given to the jury before him, being material; and as well justices of the peace as the said coroner are authorized by this act to bind all such by recognizance or obligation, as do declare any thing material to prove the said murder, &c. or the being accessary thereto, to appear at the next general gaol delivery, to be holden within the county, &c. where the trial thereof shall be, then and there to give evidence against the party so indicted; and coroners are also required to certify as well the evidence, as such bonds in writing, together with the inquisition or indictment before them taken and found, at or before the time of such trial; and the said justices shall also certify the bonds before them taken; and any justice or coroner who shall offend against this act, shall be fined at the discretion of such justices of gaol delivery, upon due proof thereof by examination before them. The 10 Car. 1. st. 2. c. 18. s. 1. Ir. contains a corres3:2 Hen. 6. c. 2. ponding provision. The 32 Hen. 6. c. 2. Ir. recites that coroners, in cases of inquisition upon sight of the bodies of dead men, where the jurors upon their oaths found that they know not the felon, would not take such verdicts, but often vexed them from day to day and from place to place, to the intent to charge the people with the escapes; and therefore enacts that where the jury shall upon their oaths say that they know not the felon, the coroners shall give them another reasonable day, and if at said day they find the same verdict, then the coroners shall discharge the the said people; and there shall be no habeas corpus for the same jurors, nor any special venire for the same matter. With respect to the fees of coroners. It was a provi- Fees of coroners 3 Edw. 1. c. 10. E. & I. E. & L Eng. Eng. sion of the 3 Edw. 1. c. 10. E. & I. that no coroner should demand or take any thing of any man in respect to his office, upon pain of great forfeiture to the king. But the 3 Hen. 7. c. 1. E. &. I. enacted that the coroner 3 Hen. 7. c. 1. should have for his fee, upon every inquisition taken upon the view of the body slain, 13s. 4d. of the goods and chattels of the slayer or murderer, or if he should have no goods, then out of the amerciaments which should be imposed upon any township for the escape of any such murderer. And the 1 Hen. 8. c. 7. Eng. enacted that 1 Hen. 8. c. 4, upon a request made to a coroner to inquire upon the view of any person slain, drowned, or dead by misadventure, the coroner should upon pain of forfeiting 40s. di- ́ ligently do his office without taking any fee for the same, and that the justices of assize and justices of the peace should inquire of any default therein, as well by examination as by presentment. But the 25 Geo. 2. c. 29. Eng. 25 Geo. 2. c. 28. recites that the fees provided for coroners by the 3 Hen. 7. c. 1. were not an adequate reward, and therefore enacts that for every inquisition not taken upon the view of a body dying in gaol or prison, which shall be duly taken in England by any coroner in any township or place contributory to the rates directed by the 12 Geo. 2. c. 29., 20s. shall be paid to the coroner out of such rates, by order of the justices at their quarter sessions for such county, &c. and the further sum of 9d. for every mile he shall be compelled to travel from his usual place of abode; and for every inquisition upon the view of a body dying in any gaol, &c. such sum, not exceeding 20s. as the justices at their general quarter sessions shall think fit, shall be in like manner paid; which fees shall be exclusive of the 13s. 4d. to which the coroner is intitled by virtue of the 3 Hen. 7. c. 1.; but any coroner taking more than said fees shall be deemed guilty of extortion.* And this act provides that if any coroner, who is not appointed by virtue of an annual election or nomination, or whose office is not annexed to any other office, shall By s. 5. this act does not extend to London, Durham, &c. be |