of a clerk of the peace, as officer of the court of quarter sessions, in giving copies of indictments, or of records of acquittals, see post, as to proceedings upon Judgment and Discharge. Clerk of Peace to lay Copies of Prison Rules before Michaelmas Quarter Sessions.]-The clerks of the peace, and gaol sessions for every county, riding, or division of a county in England and Wales, are now required to lay before the court of quarter sessions, held next after the 25th September in every year, for their respective counties, &c. on the final day of such sessions, copies of all regulations in force on 25th September in every year, for the government of their respective prisons (h). Clerks of the peace must also annually transmit copies of all prison rules in force in every prison in their counties, &c. on 25th September, to the secretary of state, who may add to or alter the same (i). In case of neglect, or omission to transmit such copies, the secretary of state may, after 1st December in every year, certify what rules he deems necessary for the government of the prison; such rules to be binding on all persons, and to be the only rules in force for such government (j). The clerk of the peace, though appointed by the custos rotulorum, is, when so appointed, the clerk of the court of quarter sessions. In the Year-books he is styled Attornatus Domini Regis; and he is therefore also so far an officer of the crown, that the entries are made up, and the issues joined in his name, as those on the crown side of the king's bench are in the name of the master of the crown office (k). All writs of mandamus and certiorari are served upon him on behalf of the justices, as their recognized organ (1), though he cannot return a certiorari (m); and it is both usual and convenient for the court, when it directs any proceedings to be taken or defended on behalf of the county, and at its charge, to commit the conduct of the case to him, as their attorney, if duly certificated; in which case he is invested with the rights, and subject to the responsibility of an attorney acting on behalf of individual clients. This officer, as well as a town clerk, must receive and keep documents directed by the standing orders of parliament to be deposited with him (n). (h) 5 & 6 W. IV. c. 38, s. 5. (i) Ibid. (j) Id. s. 6. (k) Harcourt v. Fox, 1 Shower, 426, 506, 516. (1) R. v. Tucker, 3 B. & Cr. 545; 5 Dowl. & R. 434. (m) Ashley's case, 2 Salk. 479. SECTION V. OF THE CORONER. In Counties, Divisions and Places not "Boroughs" within 5 & 6 W. IV. c. 76.]—The coroner is stated in the older authorities to be an officer attendant on the court of quarter sessions (o). In practice, however, he does not attend in his official character; nor has he in modern times any duties to perform which make his attendance requisite, except, perhaps, that of verifying his accounts on oath under 1 V. c. 68, s. 3. He is, however, still obliged to resort to this court to obtain an order for the payment of his fees, under 25 G. III. c. 29; which (in addition to the fee of 13s. 4d. given him by 3 H. VII. c. 1, out of the goods of the slayer or murderer, or by way of amerciament on the township on escape, in any case where the inquisition has been holden on a person slain or murdered) enacts, that " for every inquisition not taken upon the view of a body lying in a prison, and which shall be taken in any place contributing to the county rates, the sum of 20s. shall be paid to the coroner, and for every mile which he shall be compelled to travel from his usual place of abode to take such inquisition, the sum of 9d. (p); which sum shall be paid by order on the treasurer by the justices in sessions, out of the county rates, for which order no fee shall be paid; and for every such inquisition taken on a body dying in prison he shall be paid so much as the justices in sessions shall allow, not exceeding 20s., to be paid in like manner. But no coroner of the king's household, or of the verge of palaces, nor any coroner of the admiralty, county palatine of Durham, city of London, and borough of Southwark, or of any franchises belonging to the said city; nor of any city, borough, town, liberty, or franchise not contributing to the rates directed by 12 G. II. c. 29, or within which such rates have not been usually assessed, shall be entitled to any fee given by this act; but shall receive all such fees and salaries which they were entitled to by law before this act, or shall be given them by the person by whom they are appointed" (q). (0) Dalton, c. 185. (p) These words do not authorize any allowance for the miles a coroner has to return, after taking an inquisition, to his place of abode, R. v. Oxfordshire (Justices), 2 B. & Ald. 203; or for miles he is not compelled to travel, as where he takes several inquests in one place, or on one journey, R. v. Warwickshire (Justices), 5 B. & Cr. 430; 8 Dowl. & R. 147. (q) Coroners are of three kinds; 1st, by virtue of an office; 2d, by charter or commission; 3d, by election. The lord chief justice of the king's bench is, by virtue of his office, principal coroner in H Under this statute, no coroner is entitled to any fees, unless the liberty or franchise within which his inquisition was taken contribute to the county rates; and, therefore, where a writ of mandamus had been obtained, requiring the justices of the West Riding of Yorkshire to make an order for payment of the fees of a coroner in respect of inquisitions taken within the Honour of Pontefract, the court quashed the writ, because it did not allege that franchise to be contributing to the county rates (r). Coroners in Boroughs within 5 & 6 W. IV. c. 76.]-As to coroners in boroughs, for which separate quarter sessions of the peace are holden, see 5 & 6 W. IV. c. 76, s. 62, 63, post. In a borough where no such separate court is holden, no person can take any inquisition belonging to the office of coroner, except the coroner for the county or district in which the borough is situate; who is entitled to the same fees and salary for the same as for any inquest taken by him within the county and coroners may still be appointed to act, and take inquests within the admiral's jurisdiction in the ports, and on the sea coast of England as heretofore (s). Medical Witnesses at Inquests.]-The injustice of compelling the attendance of medical witnesses on inquests, without fair remuneration, had been long felt as a grievance by that profession. By a late enactment, a coroner may order any legally qualified medical practitioner, who attended the deceased during his last illness, or if he was not so attended, then any such practitioner in actual practice in or near the place where the death happened, to attend as a witness at an inquest, and may direct a post mortem examination by him (t). Such medical witness is entitled to a fee of one guinea for attending the inquest, and to an additional guinea for making a post mortem examination by the coroner's order (u), to be paid him by the coroner at the termination of the proceedings at the inquest (v). the kingdom, and may, if he pleases, exercise the jurisdiction of coroner in any part of the realm. 2. The lord mayor of London is, by the charter of 18 Ed. IV. coroner of London. The bishop of Ely had also power to appoint coroners by a charter of H. VII. (see 6 & 7 W. IV. c. 8.); and there are coroners of particular lords of franchises and liberties, who by charter have power to create their own coroners, or to be coroners themselves, especially the jurisdiction of the admiralty and the verge. 3. The general coroners of counties elected by freeholders under st. Westm. I. c. 18, and 28 Ed. III. c. 6; 1 Hale, 52; 4 Rep. 57; 1 Bla. Com. 346. By custom a coroner may appoint a deputy, Ex parte Carruthers, 2 M. & Ryl. 397. (r) R. v. Yorkshire (West Riding) Justices, 7 T. R. 52. (8) 5 & 6 W. IV. c. 76, s. 64. (v) 7 W. IV. and 1 V. c. 68, s. 2. Expenses of Coroners' Inquests.]-No certain provision was made by law for the expenses of coroners' inquests on dead bodies, though they were usually paid out of the poor rates, till it was lately enacted that the general or quarter sessions for every county, riding, division, or district in England and Wales shall make a schedule of the fees, allowances, and disbursements which, on holding of any inquest on any dead body within such county, &c. may be lawfully paid by the coroner holding the same (other than the fees payable to medical witnesses under 6 & 7 W. IV. c. 89); and shall deposit a copy of such schedule with every coroner of the county, &c. and with the clerk of the peace. The coroner is to advance and pay all the expenses of holding the inquest immediately after the proceedings terminate (w); and must, within four months after holding any inquest, cause a full and true account of all sums paid by him under 7 W. IV. and 1 V. c. 68, including all sums paid to any medical witness (pursuant to 6 & 7 W. IV. c. 89), to be laid before the justices assembled in quarter sessions for the county, or at any adjournment thereof; and must accompany the account with such vouchers as under the circumstances may seem reasonable to the justices. He may be examined on oath by them as to such account, and they, when satisfied of its correctness, shall make an order on the county treasurer for payment, not only of the sum due thereon to the coroner, but also of 6s. 8d. for every inquest held by him over and above all other fees and allowances to which he is now by law entitled. And such treasurer shall, out of the monies in his hands arising from the county rates, pay the coroner the sum mentioned in such order, without abatement or deduction, and shall, on passing his own accounts, be allowed all sums paid by him in pursuance of such order (x). The act applies to London and Southwark (y), and gives to town councils in boroughs the same powers as justices in sessions for counties, &c. On application for fees under these statutes the court of quarter sessions have a discretionary power to consider whether the inquest was necessarily and duly taken; and if they find it was either needlessly holden or illegally conducted, they may properly refuse an order for fees. Thus if the court of quarter sessions shall be of opinion that although the party on whom the inquest was held died a sudden death, there was no ground for supposing that he died other than a natural death, they ought to refuse the order (z). So if the coroner take in 7 W. IV. and 1 V. c. 68, s. 1. (z) R. v. Kent (Justices), 11 East, R. 229. In this case, where the deceased having complained of pain, sat quisition on bodies cast up by the sea, which it is the usage to bury (see 48 G. III. c. 75), or inquisition manifestly informal, as, if signed only by the coroner and foreman, the justices may fitly withhold the fees (a). On application of this kind the court of quarter sessions are to judge whether the inquisitions have been duly taken; and if there be no reason for imputing to them that they have exercised their judgment with any improper bias, the court of queen's bench will not disturb it (b). The coroner, if he take more than his fees, is liable, like other public officers, to be indicted for extortion, as well as for gross neglect or corruption in the discharge of his duties; but these liabilities will be more properly considered in their place as misdemeanours (c). SECTION VI. OF GAOLERS, KEEPERS OF HOUSES OF CORRECTION, &C. It is the duty of all gaolers to attend on the court of quarter sessions, Under this denomination are comprehended all persons who have the down in a chair and suddenly died, the court exculpated the coroner from the imputation of any intentional improper practice, as the taking of the inquisition seemed to have been suggested to him by others. But Lord Ellenborough, C. J., observed, that there were many instances of coroners having exercised their office in the most vexatious and oppressive manner, by obtruding themselves into private families, to their great annoyance and discomfort, without any pretence of the deceased having died otherwise than a natural death, which was highly illegal. However, 4 Ed. I. st. 2, de officio coronatoris, requires a coroner to go to the place where any one is slain or sodainely dead or wounded." (a) Nolan's Rep. 144. (b) R. v. Kent (Justices), 11 East, 230. (c) In the early editions of this work some further points respecting the office of coroner were introduced; but as they do not seem applicable to the administration of justice in the court of quarter sessions, it has been thought advisable to omit them in this place. It is right, however, to repeat a remark justly made by Mr. Dickenson against the practice, which has been introduced of late years, of coroners acting by deputy. "The office," he observes, "is a judicial one, and it may be doubted whether its duties can be assigned to a deputy (properly so called) of any description. Nor does such a delegation of authority appear to be more justifiable on the ground of convenience than of law; for if the coroner of any particular county, or district of a county, is prevented by sickness, or any other unavoidable necessity, from attending when called upon, any neighbouring coroner may legally supply his place; for although elected into office by the freeholders of a particular division of the kingdom, when installed into office he is a 'coroner throughout England,' and may attend wherever his services are required, though this must be understood of coroners of counties, or divisions of counties only; for those of exempt jurisdictions' cannot interfere within the counties out of their range." There can be little doubt, from general principle, which forbids the delegation of judicial functions, and from the older authorities [See Wood's Inst. B. 4. c. 1.], that an inquisition taken before a person not a coroner, but merely acting as deputy, would be holden entirely null and void, so that no proceeding could be had upon |