The degree of knighthood, observes “Sewell on the Law of Coroners,” is
now no longer an essential qualification for the office of coroner. Yet
candidates for that office must it is said, have land sufficient to take
upon themselves that degree, whether they be really knighted or not.
They must be possessed of an estate in fee, within the county, over
which, if elected, their jurisdiction will extend. The statute 14 Edward
3, s. 1 c. 8, enacts, “that no coroner be chosen, unless he have land in
fee sufficient in the same county whereof he may answer to all manner of
people.” No precise amount of estate is defined by this statute, but the
coroner ought to have sufficient property to maintain the dignity of his
office, and to answer any fine that may be set upon him for his
behaviour. But if having an estate in fee within the county, it be
insufficient to answer his fines, that will not operate as a
disqualification or be a ground for his removal, if he be of sufficient
estate to execute his office, for the county, upon his default, will be
liable to the fine as punishment for having elected an insufficient
officer.
The authority of the coroner is twofold:—
1. Judicial
2. Ministerial
In his judicial capacity, he has to enquire when any one comes to his
death suddenly or violently; how and by what means such death was caused;
to pronounce judgement upon out-lawries; to inquire of lands and goods,
and escapes of murderers, treasure trove, wreck of the sea, deodands, &c.
Before the statute of Magna Charta, c. 17, (4,) coroners held pleas of
the crown, but that power is taken away by a more recent enactment. The
Sheriff in his tourne might by the common law, inquire of all felonies,
save the death of a man, but it is doubtful whether the coroner can
inquire of any felony but the death of a person, and that _super visum
corporis_, except in Northumberland, where the coroner may, by custom,
inquire of other felonies.
In his ministerial capacity, he has to execute the King’s writs, when the
Sheriff is a party to the suit, or kin to either of the parties, or on
default of the Sheriff, but they are only authorized so to act in the
execution of a process directed to them when their acts are void, unless
they all join.
Public-domain text, read in full here on John Shaqi.
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