Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
With allusion to premature burial and concealment of crime, the
_Memorandum_ attached to the new Bill comes to an end. The Bill itself
settles down to deal with “Coroners.”
Section 1. “Every power to appoint a coroner shall cease upon the
first occurrence of a vacancy in the office of coroner after the
_commencement of this Act_.”
Then follow certain references as to the redistribution of coroners’
jurisdictions. The financial aspect of the office of coroner is not
neglected.
Section 2. “There shall be paid to every coroner such salary as the
authority by whom he is appointed and paid may decide, provided that
after the lapse of five years from the date of appointment of the
coroner, and of every successive period of five years, it shall be
lawful for the authority to revise and thereby increase or diminish
such salary, and if the coroner is dissatisfied with such revision
the Secretary of State may determine the amount of such salary on the
application of either the authority or the coroner.”
Another provision which exhibits a certain foresight, defines the
question of age limit: “Every coroner shall cease to continue to hold
the office of coroner on reaching the age of sixty-five years, provided
that the Secretary of State may continue such coroner in office for a
further period not exceeding five years on the application of either
the authority by whom he was appointed or the coroner.”
The question of granting the retired coroner an annuity by way of
superannuation allowance appears to be justly provided for; the
authority of the Home Secretary is left to decide the amount, together
with the detailed regulations relating to such payment. What is of
greater public importance seems to be contained in the next provision,
which deals with the qualifications of coroners.
Section 5. “No person shall be appointed a coroner unless he be a
practising barrister of not less than five years’ standing, or a
solicitor of not less than five years’ standing, or a registered
medical practitioner who is also a barrister or a graduate in law of
a University in the United Kingdom, provided that no member of the
authority making the appointment, or any person who has been a member
of such authority within a period of twelve months immediately before
the making of the appointment, shall be eligible for appointment as a
coroner by such authority.”
On the whole, there is little to criticise or attack in the
qualifications set out, though it might not be too much to demand eight
or ten years’ professional standing in the case of a solicitor, instead
of five. Indeed, it seems scarcely equitable to place a solicitor on
the same basis as a barrister or an especially highly qualified medical
practitioner, unless such solicitor has taken a University degree, or
has had to pass examinations of a more academic character than those
which obtain at present.
Public-domain text, read in full here on John Shaqi.
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