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ART. VII.--THE OFFICE OF CORONERS-ITS

PRACTICE AND DUTIES.

Chitty's Blackstone's Commentaries, Vol. I. Edited by Hargreave, cap. vii. London: Sweet. 1842.

It is with a deep feeling of regret at the dearth of reliable information on the subject, that we venture to consider the institution of coroners, the defects of the present working system, and the changes which in our opinion should be made for the purpose of making its operation more perfect and more extensive. The chief danger in considering alterations in the law is in rushing hurriedly to a conclusion when we perceive that certain advantages will follow from a particular change, without weighing carefully, or through haste, or heedlessness, from overlooking the disadvantages, and inconveniences which may ensue. We must see whether what is proposed is practicable, whether it will work with the other joints of the great machinery of the law in which it only forms a part-will it be productive beyond question of considerable advantage, and as far as careful reasoning and inquiry enable us to judge, will it be liable to no countervailing objections. If all these and perhaps many more recommendations are wanting, we should intrench ourselves in that old maxim, so full of wisdom, yet so shamelessly abused and misquoted, "nolumus mutari."

Every reader of newspapers, which we may assert, includes every person who can read, and we might add, were it not for the bull, many who cannot,is acquainted with the principal functions of the Coroner. In most cases of sudden and unexplained deaths we find him holding inquests to ascertain the cause of death. Perhaps the old statute of Edward the First, de officio coronatoris, 4 Edwd. I, cap. 2, in its quaint language, will detail this, the principal branch of his duties, most satisfactorily.

"That the Coroner, upon information, shall go to the place when any be slain or suddenly dead or wounded; and shall forthwith command four of the next towns or five or six to appear before him in such a place, and when they are come thither the Coroner, upon the oath of them, shall inquire in this manner, that is, to wit, if it concerns a man slain, whether they know when 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 were present, either men or women, and of what age soever they be, (if they can speak or have any discretion.)"

"And how many soever be found culpable by inquisition in any, the manners aforesaid, they shall be taken and delivered to the sheriff, and shall be committed to gaol, 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 Coroners' Rolls."

"If it fortune that any man be slain in the fields, or in the. woods and is there found, first, it is to be inquired whether he were slain there or not, 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. It shall be enquired also if the dead person were known or else a stranger, and where he lay the night before."

"And if there be any who are said to be guilty of the murder the Coroner shall immediately go into their house and shall inquire what goods they have, and what corn they have in the grange. And if they, be Freemen he shall inquire how much land they have, and what it is worth yearly; and further what corn they have upon the ground. And when he has thus inquired upon everything he shall cause all the corn and goods to be valued, and the land to be extended in like manner, as if they should be sold incontinently; and thereupon they shall be delivered to the whole township which shall be answerable before the justices for all; and likewise of their 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. And immediately upon these things being enquired, the bodies of such persons, being dead and slain, shall be buried.”

"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 be so drowned, or slain, or strangled, by the sign of the cord tied straight about their necks, or about any of their members, or upon any other hurt found upon their bodies; wherepon they shall proceed in the form aforesaid; and if they were not slain, then ought the Coroners to attach the finders, and all others in company."

"And also all wounds ought to be viewed, the length,

breadth, and deepness, and with what weapons, and in what part of the body the wound or hurt is, and how many be culpable, and how many wounds there be, and who gave the wounds; all which things must be enrolled in the roll of the Coroners." Concerning horses, boats, carts, &c., whereby any are slain, that properly are called deodands, shall be valued and delivered unto the towns as before is said."*

"If any be suspected of the death of any man being in danger of life, he shall be taken and imprisoned as before is said."

In addition, Coroners are a species of Deputy Sheriff, or rather to adopt a French legal phrase, are "adjoint" to the Sheriff in certain cases. If it is suggested that a Sheriff is in any way interested, juries may be summoned by the Coroner for a county or borough, and the different writs of execution, both against the body and goods of debtors, may be placed in the Coroner's hands. This, however, is a jurisdiction which Coroners are not we believe frequently called on to execute ; at the same time we consider it useful that such a check should be placed on sheriffs, and do not see any reason for taking such powers from coroners, and placing them in other hands.

In offering suggestions on this subject, as already stated, we feel the difficulty, nay more, the impossibility of dealing fully with it in the absence of authentic information. There have been a few returns made to the House of Commons, of the number of inquests held, of the sums allowed for mileage, and of fees disallowed, when the magistrates took it upon themselves to pronounce verdicts to have been unnecessarily held; but the only possible information which could be of any use, framed as these returns were, was not called for, namely, the circumstances of those cases where the magistrates so unwarrantably interfered. We were wrong in saying, however, that there was no report, there was a report from a Committee who took, or at least printed no evidence, and who recommended that as the session was closing, a new Committee should be appointed at the meeting of Parliament to consider the subject. There was also a report, made by a Committee as to the wording of the Act, which left it a matter not quite free from doubt, as to whether magistrates had jurisdiction to inquire into the propriety or necessity of holding inquests, for the purpose of

The provisions relative to the seizure of the goods and lands of persons found gullty, and also concerning deodands are repealed.

striking off fees claimed by Coroners. After the most careful search we can find nothing more on the subject in Parliamentary papers.

This matter has been recently the subject of discussion by the Law Amendment Society at one of its late meetings, and in the paper which was read, are contained many useful suggestions, although as to several, we entertain grave doubts as to their being either advisable or practicable.

We allude to a paper on this subject read by Mr. Whitty before the Law Amendment Society, and after finding that gentleman fall into some mistakes and propose an extension of powers which we look upon as unnecessary and impracticable, we deem it necessary to be very cautious, to avoid falling into similar errors. We do not expect that legislation of any kind will be attempted on the subject until it has received the consideration of a select committee who will take evidence as to the working of the present system, and hear and publish everything that may be affirmed on the subject by persons competent from their experience to give evidence, and therefore it is that we trust for a mild criticism on what would under other circumstances be an exceedingly meagre discussion of the subject.

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Before proceeding to consider the suggestions we have to offer for the purpose of rendering this office more useful and effective, it will be necessary to say a few words in defence of the institution for there are many who insist that at the present day the Coroner is an useless relic of the middle ages, and that for all the purposes of repressing crime, and inquiring into guilt, the same object would be more effectually and satisfactorily effected by our police and stipendiary magistrates.

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Now if the only purpose of a Coroner was to bring to conviction" an accused person we might be quite satisfied to dispense with him altogether but the Coroners' chief duty being to inquire into deaths which in the majority of cases involve no criminal charge, we do not think it would be satisfactory either to the public or to the family and friends of a deceased person, if a private inquiry were held by a government official, and that official so connected with the criminal procedure of the country as to east'a taint upon character by his very presence. The institution is a sound one, one truly English, bringing in the people as represented by a jury to stand between a man

and even the imputation of a crime. There can be no sufficient (if any) reason given for abolishing the institution and entrusting its duties to the police of the country, and until we have some arguments in favor of such a course we shall not consider it necessary to go at any length into the question.

The changes which would seem desirable are that in large towns the duties of the office should be discharged by barristers of a certain standing; that in these places a respectable fixed salary, such as would compensate a competent person for devoting his entire time to the duties, should be attached to the office, with some small amount for fees in every case of an inquest held, to give a direct incentive to the active interference of this functionary; that a power should be given to Coroners' Juries to assess small sums not exceeding £100, by way of damages to the next of kin of any person whose decease has been caused by negligence not excusable in point of law in a civil court; and last and most important of all, that some provision in the shape of a registration of deaths, should be made for affording an assurance that an inquiry has been held in every case which demanded it, and to afford that necessary information to Coroners which, as we shall hereafter show, is not and could not under the present system, be provided for. These are the main amendments we would suggest, but at the same time there are several minor details by which we think the effective procedure of the Coroners' court might be altered, as by demanding, in cases of suspicion, something in the nature of a proces verbal, and by appointing by statutory provisions certain evidence to be laid before the Coroner to excuse him from holding an inquest, when it may fairly be supposed that death has resulted from natural causes, and that there can be no suggestion of criminality.

With respect to an increased rate of remuneration to Coroners our proposal is, that a slight addition should be made to their salary in counties, so as to induce the most respectable medical men of the county to compete for the office, (and in writing thus we must not be accused of sneering at County Coroners as a clsss). But although, from the great over supplies of the professions in these countries, medical men may often accept situations with salaries shamefully inadequate, yet we do not think it either prudent or truly economical to offer the lowest price for which such an article is to be procured, although we may chance to get something worth more than