Coroners are conservators of the King’s peace, and become magistrates by
virtue of their election and appointment. This privilege, independently
of their more official duties, they are entitled at this day to exercise;
and are empowered to cause felons to be apprehended, as well as those
that have been found guilty after inquisition, as those suspected of
guilt, or present at the death, and not guilty; as also burglers and
robbers, in respect of whom, no inquisition can be taken. And this, says
Lord Hale, appears evidently by the statutes, 3 Edward I, c. 94, and 4
Edward I. _Officium Coronatoris_, and with this agrees the common usage
at this day; for many times the inquest are long in the inquiry, and the
offender may escape, if the coroner stay until the inquisition is
delivered up.
Where coroners are empowered to act as judges, as in taking an
inquisition of death, the act of one of them is of the same force as if
they had all joined.
The office of Coroner being by election, does not determine by the demise
of the king.
The jurisdiction of coroners is limited to the county, liberty, or
precinct, to and for which they are elected and appointed, and cannot be
enlarged by any private act or delegation from the crown.
By the common law, if a man had been stricken in one county, and died in
another, it was doubtful whether he were indictable or liable in either;
but the more common opinion was, that he might be indicted where the
stroke was given. And if the party died in another county, the body was
removed into the county where the stroke was given, for the coroner to
take an inquisition _semper visum corporis_.
But the statute 2 and 3 Edward the Sixth, cap. 24, sec. 2, provided that
when any person shall be feloniously stricten or poisoned in one county,
and die of the same stroke, or poisoning in another county, an indictment
thereof found by jurors of the county where the death shall happen,
whether before the coroner upon the sight of such dead body, or before
the Justices of the Peace, or other Justices or Commissioners, which
shall have authority to inquire of such offences, shall be as good and
effectual in the law, as if the stroke and poisoning had been committed
and done in the same county where the party shall die, or where such
indictment shall be founded. This statute, however, assumed the
existence of a _felony_, and was silent entirely as to what is to be done
by the coroner or jury if no such indictment were found. The effect of
any other finding was left entirely as it stood at common law.
It was thought, too, that the statute 2nd and 3rd Edward the Sixth, cap.
24, did not extend to boroughs; but that in cases of felonious killing,
where the stroke, occurred out of the borough, and the death, within, the
jurisdiction of the coroner, was according to common law.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account